For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals and that is used to provide wireless services and any commingled information services;
APPLICABLE CODES. Uniform building, fire, electrical, plumbing or mechanical codes adopted by a recognized national code organization and enacted by the city, including the local amendments to those codes enacted by the authority solely to address imminent threats of destruction of property or injury to persons, to the extent that those amendments are consistent with state and federal law.
APPLICANT. A wireless provider that submits an application.
APPLICATION. A request submitted by an applicant to the city for a permit to collocate one or more small wireless facilities on a pre-existing or modified pole or structure or to approve the installation, modification or replacement of a utility pole or wireless support structure for purposes of a small wireless facility installation.
AUTHORITY. The City of Albuquerque.
AUTHORITY UTILITY POLE. A utility pole, owned or operated by the city in a right of way.
COLLOCATE. To install, mount, maintain, modify, operate or replace one or more wireless facilities on, in or adjacent to a pre-existing or modified wireless support structure or utility pole.
COMMUNICATIONS SERVICES. Cable service as defined in 47 U.S.C. Section 522(6), information service as defined in 47 U.S.C. Section 153(24), mobile service as defined in 47 U.S.C. Section 153(33), telecommunications services as defined in 47 U.S.C. Section 153(53) or wireless service other than mobile service.
DESIGN DISTRICT. An area zoned or otherwise designated by municipal ordinance and for which a municipality maintains and uniformly enforces unique design and aesthetic standards.
FEE. A one-time charge.
HISTORIC DISTRICT. A group of buildings, properties or sites that fall within the category defined in 47 C.F.R. 1.1307(a)(4) and are:
(1) Listed in the National Register of Historic Places or formally determined eligible for listing in that register by the keeper of the register in accordance with the nationwide programmatic agreement found in 47 C.F.R. Part 1 Appendix C; or
(2) Designated as a historic district by the city.
LAW. Includes federal, state or local law.
PERMIT. The written permission of the city for a wireless provider to install, mount, maintain, modify,
operate or replace a utility pole for the installation of a small wireless facility or to collocate a small wireless facility on a pre-existing or modified utility pole or wireless support structure.
PERSON.
(1) An individual, corporation, limited liability company, partnership, association, trust or other entity or organization; and
(2) Includes the city.
PRIVATE EASEMENT. An easement or other real property right given for the benefit of the grantee of the easement and the grantee's successors and assigns.
RATE. A recurring charge.
RIGHT OF WAY.
(1) The area on, below or above a public roadway, highway, street, sidewalk (only as defined by the Traffic Code), alley or utility easement; and
(2) Does not include the area on, below or above:
(a) A federal interstate highway;
(b) A state highway or route under the jurisdiction of the Department of Transportation;
(c) A private easement;
(d) A utility easement that does not authorize the deployment sought by a wireless provider; or
(e) Any other city owned property not expressly included in subparagraph (1), above, such as but not limited to parks, open space, city facilities, bike paths as defined by the Traffic Code or multi-use trails as defined by the Integrated Development Ordinance (IDO).
SMALL WIRELESS FACILITY. A wireless facility that meets each of the following conditions:
(1) Each antenna associated with the deployment is no more than three cubic feet in volume, or could fit, inside an enclosure with a volume of three or fewer cubic feet; and
(2) It is mounted on a structure 50 feet or less in height including its antennas, or on structures no more than 10% taller than any adjacent utility pole, wireless support structure, or electric transmission structure; and
(3) Its deployment does not require the extension or replacement of any existing structures to a height of more than 50 feet, or by more than 10% taller than any adjacent utility pole, wireless support structure, or electric transmission structure, whichever is greater; and
(4) Its ground or pole-mounted wireless equipment is 28 or fewer cubic feet in volume; and
(5) It is in all respects in compliance with federal regulations including those at 47 C.F.R. § 1.6002.
TECHNICALLY FEASIBLE means that by virtue of engineering or spectrum usage the proposed placement for a small wireless facility, its design, or site location can be implemented without a reduction in the functionality of the small wireless facility.
UTILITY POLE.
(1) Means a pole or similar structure used in whole or in part for communications services, electricity distribution, lighting or traffic signals; and
(2) Does not include a wireless support structure or electric transmission structure.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and communications network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration;
(2) Includes a small wireless facility; and
(3) Does not include:
(a) The structure or improvements on, under or within which the equipment is collocated;
(b) A wireline backhaul facility, coaxial cable or fiber-optic cable between wireless support structures or utility poles; or
(c) Coaxial or fiber-optic cable otherwise not immediately adjacent to, or directly associated with, an antenna.
WIRELESS INFRASTRUCTURE PROVIDER. A person, other than a wireless services provider, that may provide telecommunications service in New Mexico and that builds or installs wireless communications transmission equipment, wireless facilities' utility poles or wireless support structures.
WIRELESS PROVIDER. A wireless infrastructure provider or wireless services provider.
WIRELESS SERVICES. Services provided to the public that use licensed or unlicensed spectrum, either mobile or at a fixed location, through wireless facilities.
WIRELESS SERVICES PROVIDER. A person that provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, including a monopole or guyed or self-supporting tower, but not including a utility pole.
WIRELINE BACKHAUL FACILITY. A facility used to transport services by wire from a wireless facility to a network.