For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AESTHETIC PLAN. Any publicly available written resolution, regulation, policy, site plan, or approved plat establishing generally applicable aesthetic requirements within the authority or designated area within the authority. An AESTHETIC PLAN may include a provision that limits the plan's application to construction or deployment that occurs after the adoption of the AESTHETIC PLAN. Such a limitation is not discriminatory as long as all construction or deployment occurring after adoption, regardless of the entity constructing or deploying, is subject to the AESTHETIC PLAN.
ANNUAL LEASE FEE. The fee due to the town for the reimbursement for the installation of a small wireless facility on town property, irrespective of whether the property is owned, leased, or within the public ROW. Each installation/spot requires a separate ANNUAL LEASE FEE.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals usedin the provision of wireless services.
APPLICABLE CODES. Building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this subchapter.
APPLICANT. Any person who submits an application pursuant to this subchapter.
APPLICATION. A request submitted by an applicant to an authority:
(1) For a permit to deploy or colocate small wireless facilities in the ROW; or
(2) To approve the installation or modification of a PSS associated with deployment or colocation of small wireless facilities in the ROW.
AUTHORITY. Shall mean:
(1) Within a town boundary, the town;
(2) Within a county and outside a town boundary, the county; or
(3) Upon state-owned property, the state.
AUTHORITY does not include a government-owned electric, gas, water, or wastewater utility that is a division of, or affiliated with, a municipality, metropolitan government, or county for any purpose of this subchapter, and the decision of the utility regarding a request to attach to or modify the plant, facilities, or equipment owned by the utility shall not be governed by this subchapter.
AUTHORITY-OWNED PSS (OR TOWN-OWNED PSS). A PSS owned by an authority, but not including a PSS owned by a distributor of electric power, regardless of whether an electric distributor is investor-owned, cooperatively-owned, or government-owned.
COLOCATE, COLOCATING, AND COLOCATION. In their respective noun and verb forms, shall mean to install, mount, maintain, modify, operate, or replace small wireless facilities on, adjacent to, or related to a PSS. COLOCATION does not include the installation of a new PSS wireless support structure or replacement of authority-owned PSS or wireless support structure.
COMMUNICATIONS FACILITY. The set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide communications service.
COMMUNICATIONS SERVICE. Cable service as defined in 47 U.S.C. § 522(6), telecommunications service as defined in 47 U.S.C. § 153(53), information service as defined in 47 U.S.C. § 153(24) or wireless service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. § 522(5), a telecommunications carrier as defined in 47 U.S.C. § 153(51), a provider of information service as defined in 47 U.S.C. § 153(24), a video service provider as defined in Tenn. Code Ann. § 7-59-303, or a wireless provider.
DAY. Calendar day.
FEE. A one-time, nonrecurring charge.
HISTORIC DISTRICT. A property or area zoned as a historic district pursuant to Tenn. Code Ann. § 13-7-404.
LOCAL AUTHORITY. An authority that is either a municipality, regardless of whether the municipality is a metropolitan government, or a county, and does not include an authority that is the state.
MICRO WIRELESS FACILITY. A small wireless facility that:
(1) Does not exceed 24 inches in length, 15 inches in width, and 12 inches in height; and
(2) The exterior antenna, if any, does not exceed 11 inches in length.
PERMITEE. An applicant who is party to an application and/or has been granted a permit.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.
POTENTIAL SUPPORT STRUCTURE FOR A SMALL WIRELESS FACILITY ("PSS"). A pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. When PSS is modified by the term "new," then "new PSS" means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. The fact that a structure is a PSS does not alone authorize an applicant to colocate on, modify, or replace the PSS until an application is approved and all requirements are satisfied.
RATE. A recurring charge.
RESIDENTIAL NEIGHBORHOOD. An area within a local authority's geographic boundary that is zoned or otherwise designated by the local authority for general purposes as an area primarily used for single-family residences and does not include multiple commercial properties and is subject to speed limits and traffic controls consistent with residential areas.
RIGHT-OF-WAY (ROW). The space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the town, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the town, but excluding lands other than streets that are owned by the town.
RIGHT-OF-WAY USE PERMIT ("PERMIT"). An excavation/road bore permit for excavation of a street for the construction or installation of fiber optic cable, conduit, and associated equipment in the right-of-way.
SMALL WIRELESS FACILITY. A wireless facility with:
(1) An antenna that could fit within an enclosure of no more than six cubic feet in volume; and
(2) Other wireless equipment in addition to the antenna that is cumulatively no more than 28 cubic feet in volume, regardless of whether the facility is ground-mounted or pole-mounted. For purposes of this subdivision, "other wireless equipment" does not include an electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, or a vertical cable run for the connection of power and other services.
SMALL WIRELESS FACILITY includes a micro wireless facility.
TOWN. The Town of Collierville, Tennessee.
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, including town-owned/leased poles. Such term shall not include structures supporting only wireless facilities.
WIRELINE BACKHAUL FACILITY. A communications facility used to transport communications services by wire from a wireless facility to a network.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between the user equipment and a communications network, including:
(1) Equipment associated with wireless communications; and
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
WIRELESS FACILITY does not include:
(1) The structure or improvements on, under, or within which the equipment is colocated;
(2) Wireline backhaul facilities; or
(3) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS FACILITY includes small wireless facilities.
WIRELESS INFRASTRUCTURE PROVIDER. A person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.
WIRELESS PROVIDER. A person who provides wireless service.
WIRELESS SERVICES. 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 SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole; tower, either guyed or self-supporting; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE shall not include a utility pole.
(Ord. 2018-03, passed 10-28-19)