§ 20.33.060. Third party technical review.

Third party review shall be required to confirm compliance with FCC guidelines/standards, as provided for in subsection (2) of this section; to verify the applicant's analysis regarding co-location, as provided for in Section 20.33.070 and when determined by the county to be reasonably warranted in order to verify the need for the requested antenna support structure's height per Section 20.33.080(6)(f).

The county also may hire third party experts, as it deems necessary, to assist with other determinations to be made in accordance with this chapter as part of the permit review process and any subsequent project monitoring. Third party review may include, but is not limited to, a review of: (1) the technical accuracy and completeness of submissions; (2) the technical applicability of analysis techniques and methodologies; (3) the validity of conclusions reached by the applicant; (4) field testing of radio frequency emissions; and/or (5) addressing other specific technical issues as identified by the county or approval authority.

The selection of the third party expert shall be by mutual agreement by the applicant and the county from a list of qualified consultants provided by the county. The cost of the third party review, testing, inspection and monitoring required by the county, consistent with the provisions of this chapter, shall be borne by the applicant or current permittee. Based on the results of the third party review, the county may require changes to the applicant's submittal or require remedial action.

1.

Consultant Qualifications.

a.

Consultants hired to conduct third party review shall have an appropriate combination of training, experience, and/or certification in one of the following fields: telecommunications/radiofrequency engineering; assessment of electromagnetic fields (e.g., a registered electrical engineer accredited by the state of Washington who holds a Federal Communications General Radio Telephone Operator License); structural engineering; and, if determined by the county to be necessary, other fields.

b.

Consultants performing third party review in accordance with the provisions of this chapter shall work under the direction of the department. Copies of the consultant's report shall be made available to the applicant and the public not less than thirty days prior to any administrative decision or a public hearing before the hearing examiner regarding the proposal, as applicable. The applicant and the public shall be given an opportunity to respond to the report prior to issuance of a decision regarding the application by the approval authority.

2.

Confirming Compliance with FCC Regulations.

a.

Proposed WCFs, radio, and television antennas, transmitters, receivers, and repeaters shall be tested by a third party as described in this subsection (2) to confirm compliance with all applicable FCC regulations/guidelines regarding radio frequency electromagnetic field exposure if:

i.

Analysis performed by the applicant's qualified engineer indicates that existing and proposed facilities at the subject site are expected, when operating at full power, to produce radio frequency emissions exceeding five percent of the amount allowed per FCC radio frequency electromagnetic field exposure guidelines (47 C.F.R. Subsection 1.1307(b) and as hereafter amended); or

ii.

The facilities are not categorically exempt, per FCC requirements (47 C.F.R., Subsection 1.1301 and as hereafter amended), from submission of an environmental assessment to the FCC; or

iii.

The facilities are proposed to be located within one hundred feet of a structure occupied at least three days a week.

b.

The third party reviewer shall submit a report setting forth the following:

i.

Measurements of existing/ambient radio frequency radiation (RFR) at the site proposed for a new facility and at appropriate distances from it;

ii.

An estimate of maximum RFR from the proposed facility plus existing/ambient RFR;

iii.

Existing/ambient RFR plus estimated maximum RFR from the proposed facility, plus the estimate of maximum RFR from the addition of co-located facilities, if any; and

iv.

Certification by a radio frequency engineer, stating that the RFR measurements are accurate and that measured and estimated RFR meet FCC guidelines/standards.

c.

Within thirty days of becoming fully operational, any facility requiring testing under subsection (2)(a) of this section, shall be tested by the county or a third party reviewer, at the permittee's expense, to obtain initial field measurements of radio frequency emissions with all of the antennas at the site operating at full power. Failure to facilitate such testing shall be grounds for revoking the special use permit. A report shall be submitted to the county documenting the cumulative field measurements of radio frequency emissions and comparing the results with applicable FCC guidelines/standards.

d.

The county or third party shall perform tests, at the permittee's expense, and submit a report to the department consistent with subsections (2)(b) and (c) of this section for any modification of an existing facility for which testing is required under subsection 20.33.060(2)(a) TCC that would increase its radio frequency emissions, including the activation of any additional channels. The permittee shall inform the department of such proposed modification or change in use of the facility at least five working days before it becomes operational.

e.

If at any time radio frequency emission tests show that the facility exceeds any FCC standards or guidelines, the county shall notify the licensed carrier(s), the FCC, and surrounding property owners within five hundred feet. The county shall revoke the special use permit for the subject facilities upon notification from the FCC that the facilities are out of compliance with FCC guidelines/standards.

(Ord. 13058 § 2 (part), 2003)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)