For the purpose of this chapter, 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 signals and that is used in providing wireless services.
APPLICABLE CODES. The technical codes adopted pursuant to Town Code and to the extent not inconsistent with Arizona Revised Statutes, Title 9, Chapter 5, Articles 1.1 and 8.
APPLICANT. Any person that submits an application and that is a wireless provider.
APPLICATION. A request that is submitted by an applicant to the town for either a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure.
A.R.S. Arizona Revised Statutes.
CABLE OPERATOR. Has the same meaning prescribed in A.R.S. § 9-505. CABLE OPERATOR does not include a special taxing district.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole.
COMMERCIAL MOBILE RADIO SERVICE. Two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 U.S.C. § 157.
COMMUNICATIONS SERVICE.
(1) Cable service as defined in 47 U.S.C. § 522(6);
(2) Information service as defined in 47 U.S.C. § 153(24);
(3) Telecommunications service as defined in 47 U.S.C. § 153(53) to the extent it provides wireless service; or
(4) Wireless service.
COMMUNICATIONS SERVICE PROVIDER.
A
cable operator, a provider of information service as defined in 47 U.S.C. § 153(24). A telecommunications carrier as defined in 47 U.S.C. § 153(51) to the extent it provides wireless service or a wireless services provider.
COUNCIL. The Common Council of the Town of Clifton, Arizona.
DESIGN STANDARDS. The design standards adopted by the council for the design of wireless facilities in the right-of-way.
LAW. Any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance.
MASTER LICENSE or LICENSE. A written agreement between the town and a wireless provider that authorizes the use of the right-of-way for the installation of wireless facilities and incorporates the standard terms and conditions and the design standards.
MICROCELL EQUIPMENT. Devices that are connected to aerial facilities and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.
MICROCELL POLES. A pole or similar structure and attached appurtenances, including strand, that is designed for telecommunications, cable, data or electric functions.
MONOPOLE. A wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole.
PERMIT. Written permission required by the town to install, mount, maintain, modify, operate or replace a utility pole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities.
PRIVATE EASEMENT. An easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns.
RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. RIGHT-OF-WAY does not include a federal interstate highway, a state highway or state route under the jurisdiction of the Arizona Department of Transportation, a private easement, property that is owned by a special taxing district formed pursuant to Title 48, Chapters 11, 12, 17, 18, 19, 20 and 22 or a utility easement that does not authorize the deployment sought by the wireless provider.
SHOT CLOCK.The period of time within which the city must approve or deny an application. For colocation of a small wireless facility on an existing structure, the shot clock is sixty days from the date of submittal of a complete application. If the application is to locate a small wireless facility using a new structure, the shot clock is 75 days from the date of submittal of a complete application. The shot clock for all other applications shall be as required by state or federal law, whichever is the most restrictive.
SMALL WIRELESS FACILITY.
A
wireless facility that meets both of the following qualifications:
(1) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume; and
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subsection:
(a) An electric meter.
(b) Concealment elements.
(c) A telecommunications demarcation box.
(d) Grounding equipment.
(e) A power transfer switch.
(f) A cutoff switch.
(g) Vertical cable runs for the connection of power and other services.
STANDARD TERMS AND CONDITIONS. The standard terms and conditions adopted by the council as conditions for the construction, maintenance and collocation of wireless facilities in the right-of-way, as amended.
TELECOMMUNICATIONS CORPORATION. Any public service corporation to the extent that it provides telecommunications services in this state.
TOWN UTILITY POLE. A utility pole that is owned or operated by the town and that is in a right-of-way. Town utility poles does not include a utility pole for electric distribution.
UTILITY POLE. A pole or similar structure in the right-of-way that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. UTILITY POLE does not include a monopole.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:
(a) Equipment associated with wireless communications.
(b) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration.
(2) Includes small wireless facilities.
(3) 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.
(4) Does not include Wi-Fi radio equipment described in A.R.S. § 9-506, subsection I or microcell equipment described in A.R.S. § 9-584, 22 subsection E.
WIRELESS INFRASTRUCTURE PROVIDER. Any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. WIRELESS INFRASTRUCTURE PROVIDER does not include a special taxing district.
WIRELESS PROVIDER. A cable operator, wireless infrastructure provider or wireless services provider.
WIRELESS SERVICES. Any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
WIRELESS SERVICES PROVIDER. A person that provides wireless services. WIRELESS SERVICES PROVIDER does not include a special taxing district.
WIRELESS SUPPORT STRUCTURE.
(1) A freestanding structure.
(2) A tower, either guyed or self-supporting.
(3) A sign or billboard.
(4) Any other existing or proposed structure designed to support or capable of supporting small wireless facilities.
(5) Does not include a utility pole.
(Ord. 01-2018, passed 2-8-2018; Am. Ord. 06-2019, passed 1-9-2020)