For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFICIAL. The City Administrator for the City of Flandreau, South Dakota, or such other person(s) designated by either act of ordinance, resolution, motion, or such other official appointment determination made by the City Council for the purpose of overseeing the enforcement of this subchapter.
ANTENNA. Any communications equipment that transmits or receives electromagnetic radio frequency signals used in the provisions of wireless services. This definition does not include broadcast radio or television antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
APPLICANT. Any person who submits an application as, or on behalf of, a wireless provider.
CITY. The City of Flandreau, South Dakota.
COLLOCATION. The mounting or installation of an antenna or a small cell facility on a pre-existing utility pole or SCF support structure and/or modifying a utility pole or SCF support structure for the purpose of mounting or installing an antenna or SCF on that utility pole or SCF support structure in order to transmit and/or receive radio frequency signals for communications purposes.
FCC. The Federal Communications Commission.
HEIGHT. The vertical distance measured from the base of the structure at grade to the highest point of the structure including the antenna.
NETWORK INTERFACE DEVICE. The telecommunications demarcation and test point separating the wireless facility and the wireline backhaul facility.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization including the city.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY or ROW. The surface and space above and below any street, sidewalk, avenue, boulevard, alley, lane, easement, right-of-way, highway, or thoroughfare open for public use in which the city has an interest in law or equity whether held in fee or other estate or interest or as a trustee for the public.
SMALL CELL FACILITY or SCF. A wireless facility that either meets all of the following qualifications or is within a stealth design that is consistent with the design guidelines.
(1) Each antenna is located inside an enclosure of not more than three cubic feet in volume, or in the case of an antenna that has been exposed to the elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three cubic feet.
(2) Each provider’s equipment enclosures shall be no larger than 28 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meters, concealment measures, network interface devices, underground enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches, cables, conduits, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.
(3) The facility is mounted on a utility pole or SCF support structure 50 feet or less in height, including antennas, on a utility pole or SCF support structure no more than 10% taller than other adjacent structures of substantially similar design or on an existing utility pole or SCF support structure on which it is to be located to a height of more than the greater of either 50 feet or the height of such utility pole or SCF support structure plus 10%.
SMALL CELL FACILITY PERMIT. A permit authorizing the installation, construction, and maintenance of a small cell facility.
SMALL CELL FACILITY SUPPORT STRUCTURE or SCF SUPPORT STRUCTURE. A structure such as a monopole or tower either guyed or self-supporting, billboard, building, or other existing structure designed to support, or capable of supporting, SCFs. Such term does not include a utility pole.
STEALTH DESIGN. Any SCF that is integrated as an architectural feature of a utility pole or changes a support structure design so that the purpose of the utility pole or SCF support structure for providing wireless services is not readily apparent. This includes the ability of SCFs to blend into the neighborhood environment at a given location and camouflage or conceal the SCF subject to applicable law.
UTILITY POLE. A pole or similar structure that is or may be used, in whole or in part, to facilitate telecommunications, electric, distribution, lighting, traffic control, signage, or to carry lines, cables, or other similar function or for location or collocation of small cell facilities. Such term does not include a SCF support structure.
WIRELINE BACKHAUL FACILITY. An above-ground or underground wireline facility used to transport communications data from a wireless facility network interface device to a network.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless services between user equipment and a communications network including equipment associated with wireless communications, radio transceivers, antennas, coaxial or fiber optic cable located on a utility pole or SCF support structure or immediately adjacent to the utility pole or SCF support structure or directly associated with equipment located on the utility pole or SCF support structure, regular and backup power supplies and rectifiers, and comparable equipment regardless of technological configuration. The term includes SCFs but does not include the structure or improvements on, under, or within which the equipment is collocated or wireline backhaul facilities.
WIRELESS INFRASTRUCTURE PROVIDER. A person that builds or installs wireless facilities or utility poles or SCF support structures but not a wireless provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.
WIRELESS SERVICES. Any services using licensed or unlicensed spectrum including the use of WiFi, whether at a fixed location or mobile, provided to the public.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
(Ord. 591, passed 10-21-2019)