A. Permittee - means any person or entity granted a wireless telecommunications facility permit pursuant to this chapter.
B. City - means the City of Chico.
C. Code - means the City of Chico Municipal Code.
D. Facility(ies) - means wireless telecommunications facility(ies) or "Small Cell Facilities" as defined below.
E. FCC - means the Federal Communications Commission.
F. FCC shot clock - means the presumptively reasonable time frame within which the City generally must act on a given application for a Small Cell Facilities permit, as defined by the FCC and as may be amended from time to time.
G. Public right-of-way (or PROW) - means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The public right-of-way includes, but is not limited to, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The public right-of-way does not include lands owned, controlled or operated by the City for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City hall and community center lands, City yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.
H. Public Works director (or "director") - means the director of public works, or his/her designee.
I. Small cell - A low-powered antenna (node) that has a range of ten (10) meters to two kilometers. The nodes of a small cell may or may not be connected by fiber. Small, for purposes of small cell, refers to the area covered, not the size of the facility. Small cell includes, but is not limited to, devices generally known as microcells, picocells and femtocells.
J. Small Wireless Facility(ies) (or "SWF") - as defined in 47 C.F.R. 1.6002(1) as amended or superseded, which defines the term as facilities that meet each of the following conditions:
(1) The facilities -
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna" in 47 C.F.R. 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under 47 C.F.R. Part 17;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b).
K. Minor Linear Encroachment Permit - 1-5 site locations submitted on a single application. Fees per the current adopted fee schedule on the date of permit application.
L. Major Linear Encroachment Permit - 6-10 site locations submitted on a single application. Fees per the current adopted fee schedule on the date of permit application.
M. Small Cell Site License - A license for each (City-owned) small cell site with annual renewal and fee per the renewal year's adopted fee schedule.
N. "Wireless telecommunications facility" - means equipment and network components such as antennas, accessory equipment, support structures, and emergency power systems that are integral to providing wireless telecommunications services (as defined in Gov. Code Section 65850.6). Exceptions: The term "wireless telecommunications facility" does not apply to the following:
1. Government-owned and operated telecommunications facilities.
2. Emergency medical care provider-owned and operated telecommunications facilities.
3. Mobile services providing public information coverage of news events of a temporary nature.
4. Any wireless telecommunications facilities exempted from this code by federal law or state law.
(Ord. 2531 §2 (part); Ord. 2543 §2 (part))