For the purpose of this subchapter, 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 used in providing wireless services.
APPLICABLE CODES. Uniform building, fire, safety, electrical, plumbing or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act, Neb. Rev. Stat. §§ 86-1201 et seq., and to the extent such codes have been adopted by the city and are generally applicable in the city.
APPLICANT. Any person who submits an application and is a wireless provider.
APPLICATION. A written request submitted by an applicant to the city for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or a permit for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility.
CITY POLE. A utility pole owned, managed or operated by or on behalf of the city.
COLLOCATE or CO-LOCATION. To install, mount, maintain, modify, operate or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Neither COLLOCATE nor CO-LOCATION includes the installation of a new utility pole or new wireless support structure in the right-of-way.
COMMUNICATIONS FACILITY. The set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. § 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. § 153(51), as such section existed on January 1,2019, a provider of information service as defined in 47 U.S.C. § 153(24), as such section existed on January 1,2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. § 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. § 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.
COMMUNICATIONS NETWORK. A network used to provide communications service.
COMMUNICATIONS SERVICE. A cable service as defined in 47 U.S.C. § 522, as such section existed on January 1,2019, an information service as defined in 47 U.S.C. § 153, as such section existed on January 1,2019, a telecommunications service as defined in 47 U.S.C. § 153, as such section existed on January 1,2019, or a wireless service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. § 522, a provider of information service as defined in 47 U.S.C. § 153, or a telecommunications carrier as defined in 47 U.S.C. § 153, as such sections existed on January 1,2019. COMMUNICATIONS SERVICE PROVIDER includes a wireless provider.
DECORATIVE POLE. A city pole that is specially designed and placed for aesthetic purposes.
FCC. The Federal Communications Commission.
FEE. A one-time nonrecurring charge.
HISTORIC DISTRICT. Any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.I.a (i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the FCC codified at 47 C.F.R. pt. 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.
LAW. Federal, state or local law, statute, common law, code, rules, regulation, order or ordinance.
MAKE-READY WORK. The modification or replacement of a city pole or associated lines, including the installation of guys and anchors on the same, required to accommodate a small wireless facility.
MICROWIRELESS FACILITY. A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and with any exterior antenna no longer than 11 inches.
PERMIT TO OCCUPY THE RIGHT-OF-WAY. A written authorization from the city issued pursuant to this subchapter which allows an applicant to site, place, construct, operate, maintain, repair, remove, modify or prepare one or more small wireless facilities in the city’s rights-of-way.
PERSON. An individual, a corporation, a limited liability company, partnership, an association, a trust or any other entity or organization.
POLE. As a utility, lighting or similar pole made of wood, concrete, metal or other material, located or to be located within the right-of-way.
PUBLIC POWER SUPPLIER. A public power district or any other governmental entity providing electric service. PUBLIC POWER SUPPLIER includes a municipal electric supplier.
RATE. A recurring charge.
RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement or similar property, but not including a freeway as defined in § 39-1302, the National System of Interstate and Defense Highways, or a private easement.
ROUTINE MAINTENANCE. Any inspections, tests or repairs that maintain a functional capacity, aesthetic standards or structural integrity of a small wireless facility and the associated utility pole or wireless support structure and do not impede, damage or disturb any portion of the right-of-way.
SMALL WIRELESS FACILITY. A wireless facility that meets each of the following conditions:
(1) The facilities are mounted on structures 50 feet or less in height including the antennas, or are mounted on structures no more than 10% taller than other adjacent structures;
(2) Each antenna associated with the deployment is no more than three cubic feet in volume;
(3) All other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under 47 C.F.R. pt. 17, as such regulation existed on January 1, 2019;
(5) The facilities are not located on tribal lands, as defined in 36 C.F.R. § 800.16(x), as such regulation existed on January 1, 2019; and
(6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b), as such regulation existed on January 1, 2019.
TECHNICALLY FEASIBLE. That by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
UTILITY POLE. A pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. UTILITY POLE does not include wireless support structures or any transmission infrastructure owned or operated by a public power supplier.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply and small back-up battery, regardless of technological configuration.
(2) WIRELESS FACILITY includes small wireless facilities. WIRELESS FACILITY does not include the structure or improvements on, under or within the equipment, which is collocated; 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; or a wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.
WIRELESS PROVIDER. A wireless services provider or a wireless infrastructure provider when acting as a co-applicant for a wireless services provider.
WIRELESS SERVICES. Any services using licensed or unlicensed spectrum, including the use of wi-fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A structure such as a guyed or self-supporting tower, billboard, building or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
WIRELINE BACKHAUL FACILITY. An above-ground or underground facility used to transport communications services from a wireless facility to a communications network.
(Ord. 23-09, passed 8-21-2023)