For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein:
(a) ABANDONED. Any facilities or structures that are unused for a period of 365 days without the operator otherwise notifying the City and receiving the City's approval.
(b) AGENT. A person that provides the City with written authorization to submit a right-of-way application or to work on behalf of an owner or operator of a facility or structure that falls within the scope of this chapter.
(c) ANTENNA. Any communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
(d) APPLICANT. Any person applying for a right-of-way permit under this chapter.
(e) BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(f) CHAPTER. Chapter 1026 of the Code of Ordinances of the City of Fairlawn, Ohio, as amended from time to time, and any procedures adopted by the Director of Public Service or his/her designee hereunder.
(g) CITY. The City of Fairlawn, Ohio.
(h) COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on wireless support structure.
(i) COUNCIL. The legislative body of the City of Fairlawn, Ohio.
(j) DIRECTOR OF PUBLIC SERVICE. The Director of Public Service of the City of Fairlawn, Ohio, or his or her designee.
(k) ENVIRONMENTAL SERVICE COMMISSION. The Environmental Services Commission of the City of Fairlawn.
(l) FACILITIES. The plant, equipment and property, including, but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennas, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground within the public ways of the City and used or to be used to transmit, receive, distribute, provide or offer services, but also including private facilities.
(m) FORCE MAJEURE. A strike, Act of God, act of public enemy, order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such Force Majeure, but only to the extent such disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as, and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
(n) GENERAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in Section 1026.03(c)(1).
(o) OPERATOR. A wireless service provider, cable provider, or a video service provider that operates a small cell facility and provides wireless service, as defined by division (ee) of this section. For purpose of this chapter, the term, "operator," includes a wireless service provider, cable operator, or a video service provider that provides information services as defined by the Telecommunications Act of 1996, 110 Stat. 59, 47 U.S.C. § 153(20), and services that are fixed in nature or use unlicensed spectrum.
(p) PERMITTEE. Any person issued a right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
(q) PERSON. Any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for-profit or not-for-profit.
(r) PUBLIC PROPERTY. Any real property owned by the City or held or used by the City, other than a "right-of-way," as defined by division (u) of this section.
(s) PUBLIC UTILITY. A wireless service provider as defined in division (A)(20) of R.C. § 4927.01 or any company described in R.C. § 4905.03, except in divisions (B) and (I) of that section, which company also is a public utility as defined in R.C. § 4905.02; and includes any electric supplier as defined in R.C. § 4933.81. The definition of public utility under this chapter does not include a municipal utility owned or operated by the City.
(t) RESIDENTIAL PURPOSES. Residential use of right-of-way for such uses as mailboxes, trees, landscaping, lawn sprinklers, decorative purposes or any curb cuts and driveways, and as may be further defined by Council or the Director of Public Service.
(u) RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated to the City of Fairlawn or otherwise designated for use as a right-of-way to be held by the City of Fairlawn. "Right-of-way" does not include a private easement or public property, as defined by division (r) of this section.
(v) RIGHT-OF-WAY PERMIT. The non-exclusive grant of authority to use or occupy all or a portion of the City's right-of-way granted pursuant to this chapter.
(w) SERVICE. The offering of utilities or telecommunication services for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.
(x) SERVICE AGREEMENT. A valid service agreement, franchise agreement or operating agreement issued by the City pursuant to the Fairlawn City Charter, the Fairlawn City Codified Ordinances, or any other ordinance or resolution of the Fairlawn City Council, and accepted by any person, pursuant to which such person may operate or provide utility, cable television, broadband, telecommunications, wireless communications, or other similar service to consumers within the City.
(y) SMALL CELL FACILITY. A wireless facility owned or operated by an operator, as defined by division (o) of this section, that meets both of the following requirements:
(1) Each antenna is located inside of an enclosure of not more than six 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 enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(z) SMALL CELL FACILITY PERMIT. Shall have the meaning set forth in Section 1026.03(c)(4).
(aa) SPECIAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in Section 1026.03(c)(2).
(bb) UTILITY RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in Section 1026.03(c)(3).
(cc) UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. The definition shall include street signs or decorative poles.
(dd) WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
A. Equipment associated with wireless communications;
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration;
(2) All small cell facilities as defined by division (y) of this section.
(3) The term does not include any of the following:
A. The structure or improvements on, under, or within which equipment is collocated;
B. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(ee) WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(ff) WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. As used in this chapter, "wireless support structure" shall not include any of the following:
(1) A utility pole or other facility used in the operation of any municipal utility;
(2) A utility pole or other facility used to supply traction power to public transit systems, including railways, streetcars, and trolleybuses.
(gg) WIRELESS BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)