On June 9th, the Governor signed SB 1004, effective September 1, 2017. The City of El Paso regulates small cells in Chapter 15.10 of the Municipal Code.

What is SB 1004?
Establishes Chapter 284 (Deployment of Network Nodes in Public Right-of-Way) of the Local Government Code and standardizes the municipal permitting process for the deployment of network nodes across Texas

What is Chapter 284?
Grants access to Public ROW to network providers subject to permitting requirements and payment to cities.

Sets standards for:
• When a permit is required
• Installation and Construction
• Size Restrictions
• Location Restrictions where above-ground structures in a ROW are prohibited
• Permitting Process and Shot Clock
• Fees for Access to Public ROW
• Access to Municipally-Owned Poles

What will happen on September 1, 2017?
The City of El Paso will be required to allow network providers to deploy facilities on Public ROW in line with Chapter 284 and Chapter 15.10 ‘Deployment of Network Nodes in the Right-of-Way’

The City of El Paso regulates small cell facilities in Chapter 15.10 of the City’s Municipal Code

Fees


Non refundable application fees will be paid at the time of submittal through the Citizen Access Portal.

Note that when ready to issue, pro-rated rental rates will be due and may be paid through the Citizen Access Portal. These fees will be billed January 1 thereafter.

Application Process  

Before submitting an application, the Network Provider must submit all required documentation, such as:
Network Provider Contact Information (email MUST be provided) 
• Insurance and bonds.
Master License Agreement, if collocating on a municipally-owned pole. This agreement will be executed two weeks after the provider's signature is provided. 

These documents can be submitted at ROWPermits@elpasotexas.gov.  

Click the image below for an overview of the application process.

Insurance

General Liability Insurance in the amount of $6,000,000 must be provided with the application. This amount breaks down to $1,000,000 plus $5,000,000 umbrella. 
The coverage must be on an “occurrence” basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion, and collapse hazards.
•Each policy must include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.
•The Provider shall file with the City the required original Certificate of Insurance prior to any commencement of work. The Certificate shall sate the policy number; name of insurance company; name and address of the agent or authorized representative of the insurance company; name, address, and telephone number of insured; policy expiration date; and specific coverage amounts
• Proof of insurance must be provided prior to the effective date of any Permit issuance.
• The City must be named as additional insured on such certificate. If ownership changes, the City must be notified.
• All insurance must be current and up-to-date throughout the life of the permit.
• Insurance documents can be mailed to –

          One-Stop-Shop
            811 Texas Avenue
            El Paso, Texas 79901

Additional information can be found in Article XIII of Chapter 15.10 and Section 15.08.130(D) of the Municipal Code.

Bond

A Performance Bond in the amount of at least $25,000 for each multiple of five (5) attachments, prorated based on the number of attachments, must be submitted to the City up to 30 days after permit issuance. This can be emailed to ROWPermits@elpasotexas.gov.

Additional information can be found in Article XII in Chapter 15.10 of the Municipal Code.

Additional Permits

After the Small Cell Wireless Facility Permit has been reviewed, additional permitting may be required.

Based on review comments that will be provided to the applicant, applicants may be required to contact the Building Permit Division and Streets and Maintenance Department to finalize the permitting process.

Note that an inspection with the Building Permit Division must be scheduled after installation to finalize the process.

Streets and Maintenance

Pavement Cut Program

Traffic Control Permit

Contact (915) 212-0151 for inspections and/or questions.

Building Permits

Contact the One Stop Shop for Building Permits and Inspections at (915) 212-0104 for inspections and/or questions

Permit Types

Transport Facility

Application Submittal

Online submittal through Citizen Access Portal

Non-refundable application fee is due at the time of application submittal

For collocation purposes, a Master License Agreement must be executed as a precondition of application submittal

Completeness Check

City must review applications for completeness and notify the application for its determination within 10 days

Review Period

The City must approve or deny the permitting within 21 days, counted from when the City received a complete application

Permit Issuance

Monthly pro-rated payment of annual rental rate is due prior to permit issuance

Provider is billed every January 1 thereafter

Permit expires 6 months after permit issuance if installation has not begun by that date

Inspections will be required during installation

Permit Fees

$500 for up to 5 nodes; $250 for each additional node

A maximum of 30 nodes may be included in each application

Payment will be made through Citizen Access Portal

Annual Rental Fees

$28 monthly per Network Node site, not to exceed network provider’s monthly aggregate Network Node rental Rate

Provider will be billed every January 1 (note that when ready to issue, pro-rated rental rates will be due and may be paid through the Citizen Access Portal. These fees will be billed January 1 thereafter)

Provider shall maintain and submit annually an Inventory of Network Nodes, Node Support Poles, Node Support Poles connected by Transport Facilities, and Collocated Network Nodes.  This shall include complete and accurate GIS location information, maps, plans, equipment inventories, and other records related to Provider’s facilities. 

 



Network Node

Application Submittal

Online submittal through Citizen Access Portal

Non-refundable application fee is due at the time of application submittal

For collocation purposes, a Master License Agreement must be executed as a precondition of application submittal

Completeness Check

City must review applications for completeness and notify the application for its determination within 30 days

Review Period

The City must approve or deny the permitting within 60 days, counted from when the City received a complete application

Permit Issuance

Monthly pro-rated payment of annual rental rate is due prior to permit issuance

Provider is billed every January 1 thereafter

Permit expires 6 months after permit issuance if installation has not begun by that date

Inspections will be required during installation

Permit Fees

$500 for up to 5 node; $250 for each additional node

A maximum of 30 nodes may be included in each application

Payment will be made through Citizen Access Portal

Annual Rental Fees

$250 annually per Network Node site, with an annual adjustment

Provider will be billed every January 1 (note that when ready to issue, pro-rated rental rates will be due and may be paid through the Citizen Access Portal. These fees will be billed January 1 thereafter)

Provider shall maintain and submit annually an Inventory of Network Nodes, Node Support Poles, Node Support Poles connected by Transport Facilities, and Collocated Network Nodes.  This shall include complete and accurate GIS location information, maps, plans, equipment inventories, and other records related to Provider’s facilities.  



Node Support Pole

Application Submittal

Online submittal through Citizen Access Portal

Non-refundable application fee is due at the time of application submittal

For collocation purposes, a Master License Agreement must be executed as a precondition of application submittal

Completeness Check

City must review applications for completeness and notify the application for its determination within 30 days

Review Period

The City must approve or deny the permitting within 150 days, counted from when the City received a complete application

Permit Issuance

Monthly pro-rated payment of annual rental rate is due prior to permit issuance

Provider is billed every January 1 thereafter

Permit expires 6 months after permit issuance if installation has not begun by that date

Inspections will be required during installation

Permit Fees

$1,000 for each pole

Payment will be made through Citizen Access Portal

Annual Rental Fees 

$20 annually per service pole

Provider will be billed every January 1 (note that when ready to issue, pro-rated rental rates will be due and may be paid through the Citizen Access Portal. These fees will be billed January 1 thereafter)

Provider shall maintain and submit annually an Inventory of Network Nodes, Node Support Poles, Node Support Poles connected by Transport Facilities, and Collocated Network Nodes.  This shall include complete and accurate GIS location information, maps, plans, equipment inventories, and other records related to Provider’s facilities.  



Planning

Master Plans
Plan El Paso
PWSF Info

Links & Documents

Citizen Access Portal
Citizen Access Portal Guide
Master License Agreement
SB 1004 / Chapter 284 
Chapter 15.10
Checklist- Size and Location
Checklist- Submittal Documents
Supplemental Design Guidelines
Zoning Interactive Map
Network Provider Contact Information

Contact Us

One Stop Shop
811 Texas Ave.
El Paso, TX. 79901
Phone: (915)-212-0104
Email:ROWPermits@elpasotexas.gov

Hours of operation:
Monday-Thursday, 7:00 am - 6:00 pm
Friday,  8:00 am - 12:00 pm