18J.15.272 Eligible Facilities Request.
A. Applicability. This Section implements Section 6409(a) of the Spectrum Act (47 U.S.C. Section 1455(a)) and federal regulations, which require a state or local government to approve any Eligible Facilities Request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.
B. Application. The County shall prepare and make publicly available an application form, the requirements for which shall be limited to the information necessary for the County to consider whether an application is an Eligible Facilities Request. The County may not require an applicant to submit any other documentation intended to illustrate the need for any such wireless facilities or to justify the business decision to modify such wireless facilities.
C. Review. Upon submission of an application for an Eligible Facilities Request pursuant to this Section, the County shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.
D. Time Frame for Review. Applications shall be reviewed in accordance with the shot clock timelines established by the FCC unless tolled by mutual agreement of the Director and the applicant.
E. Failure to Act. In the event the County fails to approve or deny a complete application under this Section within the time frame for review (accounting for any tolling), the request shall be deemed granted provided the applicant notifies the County in writing after the review period has expired.
F. Change in Federal Law. If federal law changes regarding an Eligible Facilities Request, then this Section shall be deemed amended to comply with federal law.