For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
AFFILIATE. An entity that directly, or indirectly, controls, is controlled by, or is under common control with another party.
ANTENNA. Communications equipment that transmits, or receives, an electromagnetic radio frequency signal in the provision of wireless service.
ANTENNA EQUIPMENT. Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted, or installed, at the same time as the antenna. ANTENNA EQUIPMENT does not include:
(1) The structure, or improvements, on, under, or within which the equipment is collocated; or
(2) Wireline backhaul facilities, coaxial, or fiber optic, cable that is between structures, or coaxial, or fiber optic, cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
ANTENNA FACILITY. An antenna, and associated antenna equipment.
APPLICABLE CODES. Uniform electrical reliability, building, fire, electrical, plumbing, or mechanical codes, as adopted by a recognized national code organization, or local amendments to the codes that are of general application, or local ordinances that are of general application, that address public health, safety, or welfare, and are consistent with this chapter.
APPLICANT. A person who submits an application as, or on behalf of, a wireless provider.
APPLICATION. A request submitted by an applicant to an authority for a permit:
(1) To collocate small wireless facilities; or
(2) To install, modify, or replace a pole on which a small wireless facility is, or will be, collocated, in the right-of-way.
AUTHORITY. The City of Cave Springs, Arkansas.
AUTHORITY POLE. A pole owned, managed, or operated by, or on behalf of, an authority.
COLLOCATE or COLLOCATE ON. The placement, mounting, replacement, or modification of a small wireless facility on, or of ground-mounted antenna equipment adjacent to, a structure. COLLOCATE or COLLOCATE ON includes collocated ground-mounted antenna equipment as a small wireless facility if it meets the requirements of A.C. § 23-17-503(25)(A)(iii) through (vi), and the associated facilities on the adjacent structure meet the requirements of A.C. § 23-17-503(25)(A)(i) through(vi).
COLLOCATION. Placing an antenna on any existing structure, regardless of whether that structure already has wireless equipment on it, or whether it has been zoned for placing that equipment.
COMMUNICATION SERVICE PROVIDER.
(1) A cable operator, as defined in 47 U.S.C. § 522(5), as it existed on January 1, 2019;
(2) A provider of information service, as defined in 47 U.S.C. § 153(24), as it existed on January 1, 2019;
(3) A telecommunications carrier, as defined in 47 U.S.C. § 153(51); or
(4) A wireless provider.
COMMUNICATION SERVICES.
(1) A cable service, as defined in 47 U.S.C. § 522(6), as it existed on January 1, 2019;
(2) A telecommunications service, as defined in 47 U.S.C. § 153(53), as it existed on January 1, 2019;
(3) An information service, as defined in 47 U.S.C. § 153(24), as it existed on January 1, 2019; or
(4) Wireless service.
CONTROL. The direct, or indirect:
(1) Ownership of at least 50% of the equity;
(2) Ability to direct at least 50% of voting power; or
(3) Ability otherwise to direct management policies.
CONTROLLED ACCESS FACILITY. A highway or street described in A.C. § 27-68-102.
DECORATIVE POLE. An authority pole that is specifically designed, and placed, for aesthetic purposes, and on which limited appurtenances, or attachments, such as a small wireless facility, lighting, specially designed informational, or directional, signage, or temporary holiday, or special event attachments, have been placed, or are permitted to be placed, according to nondiscriminatory city rules or codes.
DAY. A calendar day, unless there is a timeframe for the city to respond to a request, and the last day to respond ends on a weekend, holiday, or time when all but city emergency services are closed due to weather, or some unforeseen situation.
FACILITY. An antenna facility, or a structure, that is used for the provision of wireless service.
FEE. A one-time, nonrecurring charge.
HISTORIC DISTRICT. A group of buildings, properties, or sites that are either:
(1) Listed in the National Register of Historic Places, or formally determined eligible for listing by the Keeper of the National Register of Historic Places, according to § VI.D.l.a.i-v of the Nationwide Programmatic Agreement regarding the § 106 National Historic Preservation Act Review Process, 47 C.F.R. part 1, appendix C, as it existed on January 1, 2019;
(2) A HISTORIC DISTRICT designated under the Historic Districts Act, §§ 14-172-201 et seq.; or
(3) A HISTORIC DISTRICT otherwise designated under a local ordinance as of January 1, 2019.
MICRO-WIRELESS FACILITY. A wireless facility that:
(1) Is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;
(2) Has an exterior antenna that is no longer than 11 inches; and
(3) Is not placed any farther than ten feet down the span, as measured from the side of the pole.
PERMIT. An authorization, written or otherwise, required by an authority to perform an action, or initiate, continue, or complete a project for the deployment of wireless service at a specified location.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, authority, or other entity or organization.
POLE. A pole in a right-of-way that may be used by, or for, wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for collocation of small wireless facilities. POLE does not include a wireless support structure, or an electric transmission structure.
RATE. A recurring charge.
RIGHT-OF-WAY. An area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley, or similar property. Such areas are formally owned by the city, or used as prescriptive easements. RIGHT-OF-WAY does not include a federal interstate highway, controlled-access facility, or a public utility easement that does not authorize the deployment sought by the wireless provider.
SMALL WIRELESS FACILITY.
(1) A wireless facility that meets all of the following specifications:
(a) The facility:
1. Is mounted on a structure 50 feet, or less, in height, including the antennas;
2. Is mounted on a structure no more than 10% taller than other adjacent structures; or
3. Does not extend an existing structure on which it is located to a height of more than 50 feet, or by more than 10%, whichever is greater.
(b) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna, and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 C.F.R. part 17, as it existed on January 1, 2019;
(e) The facility is not located on tribal lands, as defined in 36 C.F.R. § 800.16(x), as it existed on January 1, 2019; and
(f) The facility does not result in human exposure to radio frequency in excess of the applicable safety standards, specified in 47 C.F.R. § 1.1307(b), as it existed on January 1, 2019.
(2) SMALL WIRELESS FACILITY does not include:
(a) The structure, or improvements on, under, or within which the equipment is located, or collocated, or to which the equipment is attached; and
(b) Any wireline backhaul facility, or coaxial or fiber optic cable, that is between wireless support structures, or utility poles, or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna.
STRUCTURE. A pole, or wireless support structure, whether or not it has an existing antenna facility, that is used, or to be used, for the provision of wireless service.
TECHNICALLY FEASIBLE. By virtue of engineering, or spectrum usage, the proposed placement for a small wireless facility, or its design, concealment measures, or site location, can be implemented without a material reduction in the functionality of the small wireless facility.
UTILITY POLE. A pole, or similar structure, that is used in whole, or in part, for the purpose of carrying electric distribution lines or cables, or wires, for telecommunications, cable, or electric service, or for lighting, traffic control signage, or a similar function regardless of ownership. Such term shall not include structures supporting only wireless facilities.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communication network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial, or fiber optic, cable, regular, and backup, power supplies, and comparable equipment, regardless of technological configuration.
(2) The term includes SMALL WIRELESS FACILITIES. The term does not include the structure, or improvements, on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial, or fiber optic, cable that is between wireless support structures or utility poles, or coaxial, or fiber optic, cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
WIRELESS INFRASTRUCTURE PROVIDER. A person, or an affiliate thereof, including a person authorized to provide communications service in the state, that builds, or installs, facilities for the provision of wireless service, but that is not a wireless service provider.
WIRELESS PROVIDER. A wireless infrastructure provider, or a wireless service provider.
WIRELESS SERVICE. Any service using licensed, or unlicensed, spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
WIRELESS SERVICE PROVIDER. A person who provides wireless service.
WIRELESS SUPPORT STRUCTURE. A structure, including:
(1) A monopole;
(2) A tower, either guyed or self-supporting;
(3) A billboard;
(4) A building; or
(5) Any other existing, or proposed, structure designed to support, or that is capable of supporting, small wireless facilities, other than a structure designed solely for the collocation of small wireless facilities.
WIRELESS SUPPORT STRUCTURE. Does not include a pole.
WIRELINE BACKHAUL FACILITY. An aboveground, or underground, facility used to transport communications services from a wireless facility to a network.
(Ord. 2019-16, passed 8-26-2019)