For the purpose of this subchapter, 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 signal used in the provision of a wireless service.
APPLICABLE CODES. The International Building Code, the International Fire Code, the National Electrical Code, the International Plumbing Code and the International Mechanical Code, as adopted and amended under U.C.A. Title 16A, State Construction and Fire Codes Act.
APPLICABLE LAW. All applicable federal, state and local laws, codes, rules, regulations, orders and ordinances, as the same be amended or adopted from time to time.
APPLICANT. Any wireless service provider submitting an application under this subchapter.
APPLICATION. A request submitted by an applicant to the city:
(1) For a permit to co-late one or more small wireless facilities; or
(2) To approve the installation, modification or replacement of a utility pole associated with a small wireless facility.
AUTHORITY POLE. A utility pole owned, managed or operated by or on behalf of the city, the state, a state agency, a county, a municipality, a town, a metro-township, a subdivision of any entity hereunder or a special district or entity established to provide a single public service within a specific geographic area, including, without limitation, a public utility district or an irrigation district.
AUTHORITY WIRELESS SUPPORT STRUCTURE. A wireless support structure owned, managed or operated by or on behalf of the city, the state, a state agency, a county, a municipality, a town, a metro-township, a subdivision of any entity hereunder or a special district or entity established to provide a single public service within a specific geographic area, including, without limitation, a public utility district or an irrigation district.
CITY. The City of Brigham City, Utah.
COLLOCATE. To install, mount, maintain, modify, operate or replace a small wireless facility:
(1) On a utility pole or wireless support structure; or
(2) For ground-mounted equipment, adjacent to a utility pole or wireless support structure.
COMMUNICATIONS SERVICE.
(1) A cable service, as defined in 47 U.S.C. § 522(6);
(2) A telecommunications service, as defined in 47 U.S.C. § 153(53);
(3) An information service, as defined in 47 U.S.C. § 153(24); or
(4) A wireless service.
DAYS. Counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday or a federal holiday, the action may be taken or the fee paid, on the next succeeding day upon which the city offices are open for business.
DECORATIVE POLE. An authority pole:
(1) That is specifically designed and placed for an aesthetic purpose; and
(2) (a) On which a nondiscriminatory rule of code prohibits an appurtenance or attachment, other than:
1. A small wireless facility;
2. A specialty designed informational or directional sign; or
3. A temporary holiday or special event attachment.
(b) On which no appurtenance or attachment has been placed, other than:
1. A small wireless facility;
2. A specialty designed informational or directional sign; or
3. A temporary holiday or special event attachment.
DEPARTMENT. The city’s Public Power Department.
DESIGN DISTRICT. An area:
(1) That is zoned or otherwise designated by this city code; and
(2) For which the city maintains and enforces unique design and aesthetic standards on a uniform and non-discriminatory basis.
DIRECTOR. The Director of the Department.
FCC. The Federal Communications Commission of the United States.
FEE. A one-time, non-recurring charge.
HISTORIC DISTRICT. A group of buildings, properties or sites that are:
(1) In accordance with 47 C.F.R. part 1, Appendix C:
(a) Listed in the National Register of Historic Places; or
(b) Formally determined eligible for listing in the National Register of Historic Places by the Keeper of the National Register.
(2) In a historic district or area created under U.C.A. § 10-9a-503.
MICRO WIRELESS FACILITY. A type of small wireless facility:
(1) That, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width and 12 inches in height;
(2) On which any exterior antenna is no longer than 11 inches; and
(3) That only provides Wi-Fi service.
NON-DISCRIMINATORY. Treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment.
PERMITTEE. A person that has been granted a small wireless facility permit by the Department.
PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business or governmental entity. PERSON shall not include the city.
PERSONAL WIRELESS SERVICE. A telecommunications service consistent with 47 U.S.C. § 332(c)(7)(C)(i).
RATE. A recurring charge.
RIGHT-OF-WAY.
(1) The area on, below or above a public:
(a) Roadway;
(b) Highway;
(c) Street;
(d) Sidewalk;
(e) Alley; or
(f) Property similar to property listed above.
(2) RIGHT-OF-WAY does not include:
(a) The area on, below or above a federal interstate highway; or
(b) A fixed guideway, as defined in U.C.A. § 59-12-102.
SMALL WIRELESS FACILITY. A type of wireless facility:
(1) On which each wireless service provider’s antenna could fit within an enclosure of no more than six cubic feet in volume; and
(2) For which all wireless equipment associated with the wireless facility, whether ground- mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:
(a) Electric meter;
(b) Concealing element;
(c) Telecommunications demarcation box;
(d) Grounding equipment;
(e) Power transfer switch;
(f) Cut-off switch;
(g) Vertical cable run for the connection of power or other service;
(h) Wireless service provider antenna;
(i) Coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.
SMALL WIRELESS FACILITY PERMIT. A right-of-way permit authorizing the collocation of one or more small wireless facilities or approving the installation, modification or replacement of a utility pole associated with a small wireless facility.
SUBSTANTIAL MODIFICATION.
(1) A proposed modification or replacement to an existing wireless support structure that will substantially change the physical dimensions of the wireless support structure under the substantial change standard established in 47 C.F.R. § 1.40001(7); or
(2) A proposed modification in excess of the site dimensions specified in 47 C.F.R. part 1, Appendix C, § III.B.
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.
UTILITY POLE.
(1) A pole or similar structure that:
(a) Is in a right-of-way; and
(b) Is or may be used, in whole or in part, for:
1. Wireline communications;
2. Electric distribution;
3. Lighting;
4. Traffic control;
5. Signage;
6. A similar function to a function described above; or
7. The collocation of a small wireless facility.
(2) UTILITY POLE does not include:
(a) A wireless support structure;
(b) A structure that supports electric transmission lines; or
(c) A municipally-owned structure that supports electric lines used for the provision of municipal electric service.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communication between user equipment and a communications network, including:
(a) Equipment associated with wireless communications;
(b) Regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply or comparable equipment; and
(c) A small wireless facility.
(2) WIRELESS FACILITY does not include:
(a) The structure or an improvement on, under or within which the equipment is collocated; or
(b) A coaxial or fiber-optic cable that is:
1. Between wireless structures or utility poles;
2. Not immediately adjacent to or directly associated with a particular antenna; or
3. A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER.
(1) A person that builds or installs a wireless communication transmission equipment, a wireless facility, or a wireless support structure. WIRELESS INFRASTRUCTURE PROVIDER includes a person authorized to provide a telecommunications service in the state.
(2) WIRELESS INFRASTRUCTURE PROVIDER does not include a wireless service provider.
WIRELESS SERVICE. Any service using licensed or unlicensed spectrum whether at a fixed location or mobile, provided to the public using a wireless facility, including personal wireless services. WIRELESS SERVICE includes the use of Wi-Fi.
WIRELESS SERVICE PROVIDER. A person who provides wireless service.
WIRELESS SUPPORT STRUCTURE.
(1) An existing or proposed structure that is:
(a) In a right-of-way; and
(b) Designed to support or capable of supporting a wireless facility, including a:
1. Monopole;
2. Tower, either guyed or self-supporting;
3. Billboard; or
4. Building.
(2) WIRELESS SUPPORT STRUCTURE does not include a:
(a) Structure designed solely for the collocation of a small wireless facility;
(b) Utility pole;
(c) Municipally-owned structure that supports electric lines used for the provision of municipal electric service; or
(d) Structure owned by an energy services interlocal entity, as described in U.C.A. § 11-13-203(4), that uses electric lines that are used for the provision of electrical service.
WIRELINE BACKHAUL FACILITY. A facility used to transport communications by wire from wireless facility to a communications network.
WRITTEN or IN WRITING. A tangible or electronic record of a communication or representation. WRITTEN or IN WRITING includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed or electronic.
(Prior Code, § 33.02.020) (Ord. 19-06, passed 2-15-2019)