For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE REVIEW. Ministerial review of an application by the city relating to the review and issuance of a permit, including review by the City Engineer to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter.
ANTENNA. Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
CONSTRUCTION CODES. Means California Building, Fire, Electrical, Plumbing, and/or Mechanical Codes adopted by the city.
APPLICANT. Any person who submits an application under this chapter.
APPLICATION. A written request, on a form provided by the city, for a SWF permit.
CITY. The City of Brea.
COLLOCATE. To install or mount a SWF in the PROW on infrastructure, or an existing support structure, an existing tower, utility-owned structure, or on an existing pole to which another SWF is attached at the time of the application. COLLOCATION has a corresponding meaning.
COMMUNICATIONS FACILITY. Means, collectively, the equipment at a fixed location or locations within the PROW that enables communications services, including: (i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A COMMUNICATIONS FACILITY does not include the pole, tower or support structure to which the equipment is attached.
COMMUNICATIONS SERVICE. Telecommunications service, as defined in 47 U.S.C. § 153(53), including wireless broadband internet service.
COMMUNICATIONS SERVICE PROVIDER or PROVIDER. A provider of communications services.
DISCRETIONARY REVIEW. Review of an application by the city relating to the review and issuance of a permit that is other than an administrative review.
FCC. The Federal Communications Commission.
INFRASTRUCTURE. Any city-owned or operated facility, equipment, pole, pipe, cabinet, or other structure located in the PROW.
LAWS. Collectively, any and all Federal, State, or local laws, statutes, common law, codes, construction codes, rules, regulations, orders, and/or ordinances.
MASTER AGREEMENT. An agreement between the city and a permittee authorizing the installation and maintenance of one (1) or more SWFs.
PERMIT. A written authorization (in electronic or hard copy format) to install a SWF at a specified location(s) in the PROW. A permit may also consist of a master agreement between the applicant and city to install and maintain one (1) or more SWFs in the PROW.
PERMITTEE. An applicant that has received a permit under this chapter.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.
POLE. A legally constructed city or utility owned pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the PROW. A POLE does not include a tower or support structure and does not include a pole or structure that supports electric transmission lines.
PUBLIC RIGHTS-OF-WAY or PROW. The area on, below, or above property that has been designated for use as, or is used for, a city-owned or controlled roadway, highway, street, sidewalk, alley or similar purpose. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the city.
REPLACE or REPLACEMENT. In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this chapter and any other applicable city code provisions, in order to address limitations of the existing structure to structurally support collocation of a communications facility.
SMALL WIRELESS FACILITY or SWF. A wireless facility that meets the following qualifications: (i) each antenna could fit within an enclosure of no more than three (3) cubic feet in volume; (ii) all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume; and (iii) the facility is the type of facility otherwise described in 47 C.F.R. § 1.1312(e)(2).
STATE. The State of California.
SUPPORT STRUCTURE. A structure in the PROW other than a pole or a tower to which a wireless facility is attached at the time of the application.
TOWER. Any structure in the PROW built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.
WIRELESS FACILITY. The equipment at a fixed location or locations in the PROW that enables wireless services. The term does not include: (i) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A SWF is one type of wireless facility.
WIRELESS SERVICES. Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
(Ord. 1208, passed 1-15-19)