When used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES: Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or village amendments to those codes, including the National Electric Safety Code.
APPLICANT: Any person who submits an application and is a wireless provider.
APPLICATION: A request submitted by an applicant to the village for a permit to collocate small wireless facilities as well as any applicable fee for the review of such application.
AUTHORITY: The Village of Elk Grove Village that has jurisdiction and control for use of public rights-of-way as provided by the Illinois Highway Code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way.
AUTHORITY UTILITY POLE: A utility pole owned or operated by the village in public rights-of-way.
COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE: Cable service, as defined in 47 USC §522(6), as amended; information service, as defined in 47 USC §153(24), as amended; telecommunications service, as defined in 47 USC §153(53), as amended; mobile service, as defined in 47 USC §153(33), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER: A cable operator, as defined in 47 USC §522(5), as amended; a provider of information service, as defined in 47 USC §153(24), as amended; a telecommunications carrier, as defined in 47 USC §153(51), as amended; or a wireless provider.
FCC: The Federal Communications Commission of the United States.
FCC ORDER: The FCC's Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC-18-133, released September 27, 2018, which is incorporated herein by this reference.
FEE: A one-time charge.
LAW: A federal or state statute, common law, code, rule, regulation, order, or village ordinance or resolution.
MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, no longer than eleven inches (11").
PERMIT: A written authorization required by the village to perform an action or initiate, continue, or complete a project.
PERSON: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the village.
PUBLIC ACT 100-0585 OR ACT: The Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq., which is incorporated herein by this reference.
RATE: A recurring charge.
RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. "Right-of-way" does not include village-owned aerial lines.
SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and (ii) all other wireless equipment associated with the facility is cumulatively no more than twenty eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
UNACCEPTABLE INTERFERENCE: Any level of radio frequency (RF) interference from a source outside of the village's public safety communications network that has the effect of partially or completely impeding aural and/or visual signals received or transmitted by village personnel. Any RF interference from a wireless provider as defined by this chapter and state law, shall be measured, corrected, and eliminated in accordance with the requirements of section 15(d)(6)(A) of Public Act 100-0585, being 50 ILCS 840/15(d)(6)(A).
UTILITY POLE: A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. WIRELESS FACILITY includes small wireless facilities. WIRELESS FACILITY does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) 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.
WIRELESS INFRASTRUCTURE PROVIDER: Any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless services provider.
WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES: Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
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; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
(Ord. 3562, 7-17-2018; amd. Ord. 3570, 9-11-2018; Ord. 3631, 9-24-2019)