The following definitions apply to this chapter. References herein to "sections" are, unless otherwise specified, references to sections of this chapter.
“CITY.” The City of Elsmere, a city and political subdivision of the Commonwealth of Kentucky.
“CITY ADMINISTRATOR.” The City Administrator of the City of Elsmere or his/her designee.
“COMMUNICATIONS FACILITY.” Means, collectively, the equipment at a fixed location or locations within the public right-of-way that enables communication between user equipment and a communications network, including:
(1) Radio transceivers, antennas, coaxial, fiber-optic, or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
(2) All other equipment associated with the foregoing. The term does not include the pole, tower, or support structure to which the equipment is attached.
“COUNCIL” or “CITY COUNCIL.” The legislative body of the city.
“DEGRADATION.” A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.
“EMERGENCY.” A situation when placement or maintenance of facilities is needed to be undertaken immediately because of a danger to human life or health or of significant damage to property, including, but not limited to, unanticipated leaks, interruptions or reductions in existing services, or other situations defined as being emergency or dangerous conditions pursuant to federal, state or local law. The installation of facilities that only serve to expand existing service or provide new service shall not be considered an emergency.
“EXCAVATE” or “EXCAVATION.” To dig into or in any way remove or physically cut, disturb, or penetrate any part of a right-of-way.
“FACILITY” or “FACILITIES.” Any tangible asset in the right-of-way, including, but not limited to, equipment and apparatus such as pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, pole, tower, or support structure, or ducts, required, necessary, used, or useful in the provision of utility or other services.
“INSTALLATION PERMIT.” A permit issued by the City Administrator to perform any construction, installation, repair, replacement, or maintenance of facilities in the right-of-way that is not covered by a surface cut permit or a pole, tower, or support structure permit.
“LESSEE.” A person who provides services within the City of Elsmere solely by leasing facilities and who has no control over what or where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored, or otherwise used.
“PARTY” or “PERSON.” Any individual, partnership, association, corporation, joint venture, legal entity or organization of any kind, or a successor or assign of any of the foregoing.
“POLE.” A utility, lighting, or similar pole made of wood, concrete, metal, or other material, located or to be located within a right-of-way. The term does not include a tower or support structure. Pole, tower, or support structure permit means a permit issued by the City Administrator to place a new pole, tower, or support structure in the right-of-way.
“PUBLIC UTILITY” or “UTILITY.” A party that is defined in KRS Ch. 278 as a utility and: (i) is subject to the jurisdiction of the Kentucky Public Service Commission, the FCC, or the Federal Energy Regulatory Commission; or (ii) is required to obtain a franchise from the city to use and occupy the right-of-way pursuant to Sections 163 and 164 of the Kentucky Constitution.
“REGISTRANT.” Any party filing a registration statement required by this chapter.
“RESELLER SERVICE PROVIDER.” Person who provides services within the City of Elsmere solely by reselling services and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored, or otherwise used.
“RIGHT-OF-WAY.” The surface of and the space above and below a public roadway, highway, street, freeway, lane, path, sidewalk, alley, court, boulevard, avenue, parkway, cartway, bicycle lane or path, public sidewalk, or easement held by the city for the purpose of public travel and shall include right-of-way as shall be now held or hereafter held by the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non- wire telecommunications or broadcast service.
“SMALL WIRELESS FACILITIES.” Wireless facilities that meet each of the following conditions:
(1) The facilities are mounted on poles, towers, or support structures fifty-five (55) feet or less in height including their antennas;
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three (3) cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any associated equipment on the structure, including collations, is no more than fifteen (15) cubic feet in volume, cumulatively. The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for connection of power and other services;
(4) The facilities do not require antenna structure registration under federal law;
(5) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards provided in federal law; and
(6) Small wireless facilities do not include poles, towers, or support structures.
“SUPPORT STRUCTURE.” A structure in the public right-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application for an installation permit.
“SURFACE CUT PERMIT.” A permit issued by the City Administrator to excavate, dig, or cut into and through a paved street surface within the right-of-way or to bore, dig or tunnel under such a paved street surface.
“TARIFF.” The internal regulations or guidelines of the utility industry as promulgated or adopted by the Kentucky Public Service Commission or the Federal Communications Commission.
“TOWER.” Any structure in the public right-of-way built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.
“WIRELESS FACILITY.” A communications facility that enables wireless services but does not include: (i) the support structure, tower, or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic, or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one (1) example of a wireless facility.
“WIRELESS SERVICES.” Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.
(Ord. 1818-2022, passed 9-13-22)