959.03 GENERAL DEFINITIONS.
   (a)   "Accessory Equipment" means any equipment used in conjunction with a wireless facility or wireless support structure. "Accessory Equipment" includes utility or transmission equipment, power storage, generation or control equipment, cables, wiring, and equipment cabinets.
   (b)   "Antenna" means communication equipment that transmits and receives radio frequency signals in the provision of wireless service, including associated accessory equipment.
   (c)   "Applicant" means any person that submits an application to the city to site, install, construct, collocate, modify, and/or operate a wireless communication facility in the right-of-way.
   (d)   "Base Station" means the same as defined by the FCC in 47 C.F.R. 1.40001(b)(1) as may be amended and interpreted by the FCC and any other authority with competent jurisdiction, which defines that term as follows: the equipment and non-tower supporting structure at a fixed location that enable Federal Communication Commission (FCC) licensed or authorized wireless communication between user equipment and a communication network. A base station includes any equipment associated with wireless communication service. Including but limited to radio transceivers antennas coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment associated with a wireless communications facility
   (e)   "Collocation" means the mounting or installation of a wireless communication facility on an existing support structure or potential support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, as more specifically defined by the FCC in 47 C.F.R. 1.40001(b)(2) as may be amended or superseded.
   (f)   "Design Guidelines" means those detailed design guidelines and examples promulgated by the City Engineer, for the design and installation of structures supporting wireless communication facilities in the right-of-way, which are effective insofar as they do not conflict with FCC rules and regulations or ORC 4939.01.08.
   (g)   “Equipment Cabinet" means a structure containing transmission equipment associated with a wireless facility, including sub-grade vaults, manholes, handholes, and drop vaults.
   (h)   "Micro wireless facility" means both a distributed antenna system and a small cell facility, and the related wireless facility.
   (i)    "Micro wireless facility operator" means a public utility that operates a micro wireless facility.
   (j)    "Municipal electric utility" has the same meaning as section 4928.01 of the Ohio Revised Code.
   (k)    "Occupy or use" means, with respect to the public way, to place a tangible thing in a public way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of wireless communications.
   (l)    "Person" means any natural person, corporation, or partnership and also includes any governmental entity.
   (m)    "Right-of-way" means real property for or devoted to (1) public transportation purposes; or (2) the placement of the city's municipal utility easements and other traditional uses along a transportation route, whether by dedication, prescription, or otherwise, as well as the spaces above and below. In addition to the foregoing, the definition of right-of-way includes, without limitation, public highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, and viaducts within the City.
   (n)    "Siting" means the location, construction, collocation, modification or installation of a wireless communications facility.
   (o) "Substantial change" means the same as defined by the FCC in 47 C.F.R. 1.40001(b)(7), as may be amended, and as applicable to facilities in the public right-of-way, which defines that term as a collocation or modification that:
      (1)   Increases the overall height more that 10% or 10 feet, whichever is greater;
      (2)   Increases the width more than 6 feet from the edge of the wireless tower or base station;
      (3)   Involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted cabinets
      (4)   Involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground-mounted equipment cabinets;
      (5)   Involves excavation or deployment of equipment outside the proximity to the structure and other transmission equipment already employed on the ground;
      (6)   Would defeat the existing concealment elements of the support structure as determined by the City Engineer; or
      (7)   Violates a prior condition of approval, provided however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for substantial change.
   (p)    "Small cell facility" means a wireless facility that meet the requirements of subsection (1) and (2) hereof:
      (1)   A.   Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in case elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
         B.   All other wireless equipment associated with the facility is cumulatively not more that twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunication demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
      (2)    If the wireless facility were placed on a wireless support structure, the increased height would be not more than ten feet or the overall resulting height would be not more than fifty feet.
   (q)    "Utility pole" means a structure that is designed for or used for the purpose of carrying lines, cables or wires for electric or telecommunication services.
   (r)    "Wireless facility" means an antenna, accessory equipment or other wireless device or equipment used for wireless service.
   (s)    "Wireless service" means any FCC-licensed or authorized wireless spectrum, whether at a fixed location or mobile, provided using wireless facilities.
   (t)    "Wireless support structure" means a pole, such as a monopole, either guyed or self-supporting, light pole traffic signal or sign pole capable of supporting wireless facilities.
(Ord. 6-2017. Passed 3-20-17.)