For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Small Wireless Facilities Deployment Act (Legislative Bill 184 adopted by the Legislature and approved by the Governor on May 17, 2019).
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
APPLICABLE CODES. Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction.
APPLICANT. Any person who submits an application and is a wireless provider.
APPLICATION. A written request submitted by an applicant to an authority for:
(1) A permit to collocate small wireless facilities on an existing utility pole or wireless support structure; or
(2) A permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility.
AUTHORITY. The State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. AUTHORITY does not include public power suppliers, state courts having jurisdiction over an authority, or an entity that does not have zoning or permit-granting authority.
AUTHORITY POLE. A utility pole owned, managed, or operated by or on behalf of an authority.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. COLLOCATE or COLLOCATION does not include the installation of a new utility pole or new wireless support structure in the right-of-way.
COMMUNICATIONS FACILITY. The set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. 153(24),
as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.
COMMUNICATIONS NETWORK. A network used to provide communications service.
COMMUNICATIONS SERVICE. A cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, or a wireless service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. COMMUNICATIONS SERVICE PROVIDER includes a wireless provider.
DECORATIVE POLE. An authority pole that is specially designed and placed for aesthetic purposes.
DISTRIBUTED ANTENNA SYSTEM. A network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.
ELIGIBLE FACILITIES REQUEST. As defined in federal regulations.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
FEE. A one-time, nonrecurring charge.
GOVERNING BODY. The group of elected officials which is able to make decisions on behalf of the municipality (for example, the City Council).
HISTORIC DISTRICT. Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.
LAW. Federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MACRO CELL. An antenna or antennas mounted on a tower, ground-based mast, rooftops or structures, at a height that provides coverage to the surrounding area.
MICROWIRELESS FACILITY. A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and with any exterior antenna no longer than 11 inches.
MUNICIPALITY. The City of Aurora, Nebraska.
PERMIT. A written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility.
PERSON. An individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority.
POLE. A legally constructed pole, such as a utility, lighting or similar pole made of wood, concrete, metal or other material, located or to be located within the right-of-way.
PUBLIC POWER SUPPLIER. A public power district or any other governmental entity providing electric service. PUBLIC POWER SUPPLIER includes a municipal electric utility or a rural public power supplier.
RATE. A recurring charge.
RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section 39-1302, the National System of Interstate and Defense Highways, or a private easement.
ROUTINE MAINTENANCE. Inspections, testing or repair that maintain functional capacity, aesthetic and structural integrity of a small wireless facility and the associated structure, pole or tower, and that does not involve impeding, damaging or disturbing any portion of the right-of-way.
RURAL PUBLIC POWER SUPPLIER. A public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class.
SMALL WIRELESS FACILITY. A wireless facility that meets each of the following conditions:
(1) The facilities:
(a) Are mounted on structures 50 feet or less in height including the antennas; or
(b) Are mounted on structures no more than 10% taller than other adjacent structures;
(2) Each antenna associated with the deployment is no more than three cubic feet in volume;
(3) All other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 29 cubic feet in volume;
(4) The facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019;
(5) The facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and
(6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.
STATE. The State of Nebraska.
STEALTH. A design that minimizes the visual impact of wireless communication facilities by camouflaging, disguising, screening or blending them into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees (monopines), flagpoles, utility and light poles, bell towers, clock towers, ball field lights and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally, applicable box.
SUBSTANTIAL CHANGE. As defined in federal regulations.
TECHNICALLY FEASIBLE. By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
TOWER. Any structure in the right-of-way built for the sole or primary purpose of supporting a wireless communication facility.
TOWER HEIGHT. The vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna. A lightning rod, not to exceed ten feet in height, shall not be included within tower height.
TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable and backup power supplies. The term includes equipment
associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLE. A pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. UTILITY POLE does not include:
(1) Wireless support structures;
(2) Any transmission infrastructure owned or operated by a public power supplier or rural public power supplier; and
(3) Any distribution or communications infrastructure owned or operated by a rural public power supplier.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of technological configuration.
(2) WIRELESS FACILITY includes small wireless facilities.
(3) WIRELESS FACILITY does not include:
(a) The structure or improvements on, under, or within the equipment which is collocated;
(b) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna; or
(c) A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.
WIRELESS PROVIDER or PROVIDER. A wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider.
WIRELESS SERVICES. Any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
WIRELINE BACKHAUL FACILITY. An above-ground or underground facility used to transport communications services from a wireless facility to a communications network.
(Ord. 1096, passed 8-27-2019)