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The rights granted under the franchise are implemented through the issuance of small cell permits. The franchise application may be accompanied by one or more applications for a small cell permit to deploy small cells. An initial franchise and all related small cell permit applications shall be processed concurrently as one master permit.

(1) Up to 30 sites may be specified in one small cell permit application for processing. The director may approve up to five additional sites in order to consider small cell sites within one logical service area in one application.

(2) Issuance of a small cell permit to install a small cell deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.

(3) If more than one application for a small cell permit is submitted by an applicant, they shall be considered in the order received. If multiple applications are submitted on the same date, the applicant shall indicate which application should be considered first. All small cell permits which are submitted in conjunction with a franchise application shall be considered as one master permit. Any element of a deployment which qualifies as either an eligible facilities request or a co-location shall be specifically designated by the applicant and may be addressed separately by the director in order to comply with the shot clocks established by federal law and other applicable regulations.

(4) The director may approve, deny or conditionally approve all or any portion of the sites proposed in the small cell permit application.

(5) Any application for a franchise or small cell permit which contains an element which is not exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and other applicable regulations.

(6) Radio Frequency (RF) Certification. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility and associated wireless backhaul will operate. An existing franchisee applying for a small cell permit for small cell deployment shall provide an RF certification for all facilities included in the deployment which are to be installed by the franchisee. If facilities necessary to the small cell deployment are to be provided by another franchisee, then the small cell deployment in the initial franchise or in a subsequent small cell permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. If facilities necessary to the small cell deployment are to be provided by another franchisee or in a subsequent small cell permit, the use permit to deploy such facilities shall be contingent on submittal of an RF certification by the other franchisee for such facilities; if such facilities will emit RF emissions, this RF certification shall address the cumulative impact of the RF emissions and certify compliance with federal requirements.

(7) Regulatory Authorization. Issuance of the use permit for the facilities shall also be contingent upon the applicant’s provision of proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.

(8) Completeness – Franchise and Small Cell Applications. The director or his/her designee shall review an application for completeness and notify the applicant within 30 days of submission whether the application is complete; provided, however, that an applicant may consent to a different completeness review period. A service provider may resubmit an incomplete application within 60 days of notice by the director. Failure to resubmit an application in a timely manner shall be deemed a withdrawal of that application. An applicant shall be notified in writing of the approval or denial of the application. No application shall be deemed complete without the fee deposit set by the director. (Ord. 1469 § 6 (Att. E), 2019).