The following definitions shall apply throughout this chapter:
(1) "Abandonment" or "Abandon(s)" means that, following the placement of wireless communication facilities (and associated accessory equipment) or support structures in the city pursuant to a permit issued to a provider or an applicant, any of the following has occurred: (a) for any reason the facilities cease to be used to transmit signals, data or messages or otherwise be used for their intended purposes for a period of ninety (90) days; (b) the city revokes the permit for placement and use of those facilities due to nonpayment of applicable fees, the failure of the provider or applicant to comply with conditions in the permit or in this ordinance concerning them, or other valid reason; or (c) the provider or applicant fails to perform any of its responsibilities, obligations and requirements in this ordinance or in a permit that relate to the installation, construction, maintenance, use or operation of the facilities, accessory equipment or support structures, and that breach remains uncured for a period of sixty (60) days after the city provides written notice of the breach to the provider or applicant.
(2) "Accessory Equipment" means any equipment other than an antenna that is used in conjunction with wireless communication facility arrangements. This equipment may be attached to or detached from a wireless communication technology support structure, and includes, but, is not limited to, cabinets, optical converters, power amplifiers, radios, DWDM and CWDM multiplexers, microcells, radio units, fiber optic and coaxial cables, wires, meters, pedestals, power switches, and related equipment on or in the immediate vicinity of a support structure.
(3) "Antenna" means communications equipment that transmits and receives electromagnetic radio signals, is attached to a wireless communication support structure and is used to communicate wireless service.
(4) "Applicant", whether singular or plural, means a personal wireless service provider, an entity that is authorized by a personal wireless service provider to apply for or receive a permit to install, construct, modify or maintain a wireless communication facility and related accessory equipment or support structure in the city, or an entity certificated by the State of Tennessee to provide telecommunication service.
(5) "Application" means a formal request submitted to the city for a permit to install, construct, modify or maintain a wireless communication facility and related accessory equipment or support structure.
(6) "City" means the City of Cookeville, Tennessee.
(7) "City Council" means the City Council of the City of Cookeville, Tennessee.
(8) "City Manager" means the person appointed by the City Council as the City Manager of the city. The City Manager includes any employee of the city or other person designated by that manager to perform the responsibilities in this Chapter.
(9) "Collocation" means the placement or installation of a new wireless communication facility or related accessory equipment on an existing pole or other support structure that is owned, controlled or leased by a utility, the city, or other person or entity, or the replacement of an existing pole or other support structure that is owned, controlled or leased by a utility, the city, or other person or entity with a pole or other support structure of the same height and diameter.
(10) "Monopole" means a support structure that consists of a single pole, designed and erected on the ground or on top of a structure, to support communications antennas and connected appurtenances.
(11) "Personal Wireless Service Provider" or "Provider" means an entity that provides personal wireless communication services to the public or citizens of the city on a commercial basis and is authorized by the FCC to provide those services.
(12) "Private Property" means real property located in the city that does not lie within the right-of-way.
(13) "Right-of-Way", whether singular or plural, means a strip of public land acquired by reservation, dedication, prescription, or condemnation and occupied or intended to be occupied by a public street, road, alley, public utility or other public facilities. For the purposes of this chapter, this term shall not include right-of-way of Interstate 40 and State Highway 111.
(14) "Stealth Technology" means a method(s) of concealing or minimizing the visual impact of a wireless communication facility (and associated accessory equipment) and support structure by incorporating features or design elements which either totally or partially conceal such facilities or equipment. The use of these design elements is intended to produce the result of having said facilities and associated structures blend into the surrounding environment and/or disguise, shield, hide or create the appearance that the facilities are an architectural component of the support structure.
(15) "Transmission Equipment" means equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(16) "Utility" means any entity and, for purposes of paragraphs (a), (b), (c), (d), (e), and (f) of this subsection, a city, that owns, controls, operates, or manages any facility used or to be used for or in connection with:
(a) The generation, production, transmission, or distribution of electricity to or for the public, for compensation, for lights, heat, power, or other uses;
(b) The production, manufacture, storage, distribution, sale, or furnishing of natural or manufactured gas, or a mixture of same, to or for the public, for compensation, for light, heat, power, or other uses;
(c) The transporting or conveying of gas, crude oil, or other fluid substance by pipeline to or for the public, for compensation;
(d) The diverting, developing, pumping, impounding, distributing, or furnishing of water to or for the public, for compensation;
(e) The transmission or conveyance over wire, in air, or otherwise, of any message by telephone or telegraph for the public, for compensation; or
(f) The collection, transmission, or treatment of sewage for the public, for compensation.
(17) "Utility, Overhead" means utility infrastructure that is located primarily above ground as determined by the city. For purposes of these regulations, overhead utilities include but are not limited to power lines and communications lines.
(18) "Utility Pole" means a structure originally constructed for the support of electrical, telephone, cable television or other video services, street lighting, or other similar cables and located within the public right-of-way or utility easements. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a wireless communication support structure, and is not a utility pole.
(19) "Utility, Underground" means utility infrastructure that is located primarily underground as determined by the city. For purposes of these regulations, utilities include but are not limited to water lines, sanitary sewer lines, storm sewer lines, culverts, natural gas lines, power lines, and communications lines. This definition does not include electric transformers, switch boxes, telephone pedestals and telephone boxes, traffic boxes, and similar devices which are ground mounted.
(20) "Wireless Communications Facility" means the set of equipment and network components including antennas, transmitters, receivers, base stations, cabling, and antenna or related equipment, used to provide wireless data and telecommunication services.
(21) "Wireless Communication Support Structure" or "Support Structure", whether singular or plural, means a freestanding structure designed or used to support, or capable of supporting, small cell technology and wireless communication facilities, including, but not limited to, utility poles, street light poles, traffic signal structures, or a sign.
(22) "Wireless Communication System" means a network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell, or similar systems.
(Ord. #O17-09-16, Oct. 2017)