For the purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms whether or not capitalized.
ABANDONED. The designation given to a facility, except for a small cell facility or wireless support structure in the right-of-way, when its operations or use are discontinued in a manner that is not in accordance with § 52.025 and § 52.026; or for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, without notice of the discontinued operations or use given to the city by the
provider and without the city's approval; and except for a period of discontinued operations or use that has been caused by acts of God. Small cell facilities or wireless support structures shall be deemed abandoned if the facilities or support structures are unused for a period of 365 days without the operator otherwise notifying the city and receiving the city's approval.
ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
APPLICANT. Any person who seeks to obtain or renew a Certificate of Registration or Permit.
APPLICATION. The process and format by which an applicant submits a request to obtain a Certificate of Registration, a Right-of-Way Permit and/or, a Right-of-Way Minor Maintenance Permit and/or a Micro Wireless Permit.
APPLICATION FEE. The fee paid to the city for application for a Certificate of Registration pursuant to this chapter.
BANKRUPTCY ACT. The regulations promulgated by Title 11 of The United States Code.
BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering, and operational codes, available technology, human resources, and cost.
BOARD OF ZONING APPEALS ("BZA"). The Board of Zoning Appeals of the City of Forest Park, Ohio.
CABLE FRANCHISE. A franchise as defined in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
CABLE OPERATOR. A person who has a cable franchise to provide cable service in the city as defined in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
CABLE SERVICE. A service as defined in the Cable Communications Policy Act of 1984, 98 Stat. 2779.
CERTIFICATE OF REGISTRATION. The document issued to each provider and its unique system to occupy the rights-of-way within the city and outlines the terms of that occupancy of the rights-of-way.
CITY. The City of Forest Park, Ohio.
CITY COUNCIL. The legislative governing body of the City of Forest Park, Ohio.
CITY OF CINCINNATI ("CINCINNATI"). The City of Cincinnati, Ohio.
CITY MANAGER. The duly appointed City Manager of the City of Forest Park, Ohio.
CLERK OF COUNCIL. The duly appointed Clerk of the City Council of Forest Park, Ohio.
CODIFIED ORDINANCES. The Codified Ordinances of the City of Forest Park, Ohio.
COLLOCATION OR COLLOCATE. The mounting or installation of transmission equipment or wireless facilities on an existing wireless support structure for the purpose of transmitting and/or receiving radio frequency signals for wireless service.
COMMUNITY DEVELOPMENT DEPARTMENT. The Community Development Department of the City of Forest Park, Ohio.
CONFIDENTIAL/PROPRIETARY INFORMATION. All information that has been either identified or clearly marked as confidential/proprietary by the provider prior to any submission. Upon receipt of such clearly marked confidential/proprietary Information from a provider, the city shall endeavor, in accordance with the requirements of R.C. Chapter 149 (The Ohio Public Records Act), to use all the same reasonable measures and exercise the same degree of care that the city uses to protect its own information of such a nature from disclosure to third parties. In the event that the city receives a request from a third party for disclosure of information a provider has clearly marked as confidential/proprietary information, then the city shall respond as required by R.C. Chapter 149, but will attempt to use all reasonable means to notify the provider as soon as possible.
CONSTRUCT. Means but shall not be limited to, digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. CONSTRUCT shall also include the act of opening and/or cutting into the surface of any paved, unimproved or improved surface that is any part of the right-of-way.
CONSTRUCTION. Means but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the rights-of-way. CONSTRUCTION shall also include the act of opening and/or cutting into the surface of any paved, unimproved or improved surface that is part of the right-of-way.
CONSTRUCTION AND MAJOR MAINTENANCE PLAN. A written plan including maps of the expected location, design, other related equipment and facilities of a provider which describes in full the construction intended to be accomplished by the provider in the rights-of-way over the next calendar year.
CONSTRUCTION BOND. A bond posted to ensure proper and complete construction, replacement and/or repair of a facility and/or the affected rights-of-way pursuant to a permit.
COUNTY. Hamilton County, Ohio.
CREDIBLE. Worthy of being believed.
DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for the following: (i) electric lighting; (ii) specifically designed informational or directional signage; or (iii) temporary holiday or special event attachments.
DESIGN GUIDELINES. Detailed guidelines and specifications promulgated by the city in accordance with R.C. Chapter 4939 for the design and installation of small cell facilities and wireless support structures in the right-of-way.
DIRECTOR OF LAW. The Law Director of the City Forest Park, Ohio.
EMERGENCY. A condition that poses a clear and immediate danger to life, health, or safety of a person, or of a significant loss of real or personal property.
FACILITIES. Any tangible thing located in any rights-of-way within the city, and includes wireless facilities and wireless support structures; but shall not include mailboxes, boulevard plantings, ornamental plantings, or gardens planted or maintained in the rights-of-way between a person's property and the street edge of pavement.
FCC. The Federal Communications Commission or any successor thereto.
FULL. Unable to accommodate any additional facilities as determined by the Public Works Director in accordance with the principles of public health, safety and welfare, following a reasonable analysis taking into consideration: all applicable law; commonly accepted industry standards; and routine engineering practices.
HEIGHT. The distance measured from the pre-existing grade level to the highest point on the structure, including the small cell facility, even if said highest point is an antenna or lightening protection device.
HISTORIC DISTRICT. A building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the National Register for Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.l.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C.
(2) A registered historic district as defined in R.C. § 149.311.
IN. When used in conjunction with rights-of-way, means in, on, above, within, over, below, under or through a rights-of-way.
INSPECTOR. Any person authorized by the Public Works Director to carry out inspections related to the provisions of this chapter.
LAW(S). Any local, state, or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, or other requirement in effect either at the time of execution of this chapter or at any time during the location of, and/or while a provider's facilities are located in the public rights-of-way.
MICRO WIRELESS PERMIT. A permit, which must be obtained before a person can construct, modify, collocate, or replace a small cell facility or wireless support structure, as set forth in §§ 52.080 through 52.087, in or on the rights-of-way.
OCCUPY OR USE. With respect to a right-of-way, to place a tangible thing in a right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to R.C. § 4511.09.
OHIO UTILITY PROTECTION SERVICE. The utility protection service as defined in R.C. § 153.64 and/or § 3781.26 or a statutory successor thereto.
OPEN VIDEO SERVICE. Any video programming services provided by a person through use of rights-of-way, which provider is certified by the FCC to operate an open video system pursuant to Sections 651 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used.
OPERATOR. A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. For purposes of this chapter, OPERATOR includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), as services that are fixed in nature or use unlicensed spectrum.
PERMIT. A Right-of-Way Permit, a Right-of-Way Minor Maintenance Permit, or a Micro Wireless Permit, as the context requires, unless otherwise specified.
PERMIT COST(S). All direct, incidental and indirect costs actually incurred or realized by the city for permit issuance, permit oversight and pavement degradation resulting from construction activity.
PERMIT FEE(S). Money paid to the city for a permit to construct and/or do minor maintenance in the rights-of-way and/or collocate small cell facilities and/or wireless support structures in the rights-of-way, as the context requires, and as required by this chapter.
PERMITTEE. Any person to whom a Right-of-Way Permit and/or a Right-of-Way Minor Maintenance Permit, and/or Micro Wireless Permit has been granted by the city and not revoked.
PERSON. Any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity, whether for profit or not for profit.
PROVIDER. A person who owns or operates a system and has a valid Certificate of Registration. The city, county, small cell facility operators, and cable operators operating pursuant to a valid cable franchise, or video service providers operating pursuant to a valid video service authorization shall also be considered providers.
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.
PUCO. The Public Utilities Commission of Ohio as defined in R.C. § 4901.02.
PUBLIC WORKS DEPARTMENT. The Public Works Department of the City of Forest Park, Ohio.
PUBLIC WORKS DIRECTOR. The Director of the Public Works Department of the City of Forest Park, Ohio, or his or her designee.
R.C. The Ohio Revised Code.
REGISTRATION MAINTENANCE FEE. The money paid to the city to maintain a Certificate of Registration and compensate the city for all actual costs incurred by the city in the management, administration and control of the rights-of-way of the city, and which are not reasonably recoverable by the city through Right-of-Way Permit Fees or other approved mechanisms.
REMOVAL BOND. A bond posted to ensure the availability of sufficient funds to properly remove a provider's facilities upon abandonment, disuse, or discontinuance of a provider's use or occupation of the rights-of-way.
RESTORATION. The process and the resultant effects by which rights-of-way are returned to a condition at least as good, using the same materials (or other similar materials approved by the Public Works Director), as its condition immediately prior to construction. Restoration shall occur in accordance with the rules and regulations established by the Public Works Director and as amended from time to time.
RIGHT(S)-OF-WAY. The surface of, and the space within, through, on, across, above or below, the paved or unpaved portion of any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by the city. RIGHT-OF-WAY excludes a private easement.
RIGHT(S)-OF-WAY COST. All direct, incidental and indirect costs borne by the city for the management, administration and regulation of the rights-of-way and this chapter.
RIGHT(S)-OF-WAY MINOR MAINTENANCE PERMIT. A permit as specified in § 52.19 et seq., in or on the rights-of-way.
RIGHT(S)-OF-WAY PERMIT. The permit ass specified in § 52.140 et seq. of the Codified Ordinances which must be obtained before a person may construct in, locate in, occupy, maintain, move, or remove facilities from, in, or on a right(s)-of-way.
RULE(S) AND REGULATION(S). Any rule and or regulation adopted by the Public Works Director pursuant to law pursuant to § 52.079.
SERVICE(S). The offering of any service or utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision of any service or utility between two or more points for a proprietary purpose to a class of users other than the general public that in the opinion of the Director constitutes a service.
SERVICE AGREEMENT. A valid service agreement, franchise agreement, or operating agreement issued by the city pursuant to law and accepted by a person, which allows such person to operate or provide utility service within the geographic limits of the city.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside 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 28 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.
STATE. The State of Ohio.
STEALTH. To minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such small cell facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
SUPPLEMENTARY APPLICATION. Any application made to construct on or in more of the rights-of-way than previously allowed or to extend, a permit that had already been issued.
SURETY FUND. A formal pledge made to secure against loss, damage, or default.
SYSTEM. Any system of conduit, ducts, cables, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, laser beams, and any associated converters, equipment, or facilities or utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing service within the city. A SYSTEM shall specifically include, but not necessarily be limited to: electric distribution and/or transmission systems, natural or artificial gas distribution and/or transmission systems, water distribution systems, storm sewer systems, sanitary sewer systems, cable television systems, telecommunications systems (whether voice, video, data, or other), fiber optic systems, and wireless communications systems.
SYSTEM REPRESENTATIVE(S). The specifically identified agent(s)/employee(s) of a provider who are authorized to direct field activities of that provider and serve as official notice agent(s) for system related information. Provider shall be required to make sure at least one of its system representatives is available at all times to receive notice of, and immediately direct response to, system related emergencies or situations.
TRANSFER. The disposal by the provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation, or otherwise, of 51% or more at one time of the ownership or controlling interest in the system, or 51% cumulatively over the term of a Certificate of Registration of such interests to a corporation, partnership, limited partnership, trust, or association, or person or group of persons acting in concert.
TRENCHLESS TECHNOLOGY. Means but shall not be limited to, the use of directional boring, horizontal drilling, microtunneling and other techniques in the construction of underground portions of facilities which result in the least amount of disruption and damage to rights-of-way as possible.
UNDERGROUND FACILITIES. All lines, cables, conduits, pipes, posts, tanks, vaults, wires and any other facilities which are located wholly or partially underneath rights-of-way.
UNUSED FACILITIES. Facilities located in the rights-of-way which have remained unused for 12 months and for which the provider is unable to provide the city with a credible plan detailing the procedure by which the provider intends to begin actively using such facilities within the next 12 months, or that it has a potential purchaser or user of the facilities who will be actively using the facilities within the next 12 months, or, that the availability of such facilities is required by the provider to adequately and efficiently operate its system.
UTILITY(IES). Any water, sewer, gas, drainage, or culvert pipe and any electric power, telecommunication, signal, communication, or cable television conduit, fiber, wire, cable, or operator thereof.
UTILITY CORRIDOR(S). Those specific areas of the rights-of-way designated as such by the city pursuant to § 52.042 herein.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. UTILITY POLE excludes street signs and decorative poles.
VIDEO SERVICE. Has the same meaning as in R.C. § 1332.21(J).
VIDEO SERVICE AUTHORIZATION (VSA). A "video service authorization" as issued to a video service provider by the Director of the Ohio Department of Commerce in accordance with R.C. § 1332.24(A)(1).
VIDEO SERVICE NETWORK. Has the same meaning as in R.C. § 1332.21(L).
VIDEO SERVICE PROVIDER (VSP). Has the same meaning as in R.C. § 1332.21.
WIRELESS FACILITY. An antenna, accessory equipment, distributed antenna system, small cell facility, micro wireless facility, or other device or equipment used to provide wireless service, including such devices and equipment as provided for in section R.C. Chapter 4939.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined in division (A)(19) of R.C. § 4927.01.
WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a 15-foot or taller sign pole, or utility pole is capable of supporting small cell facilities. As used in this chapter, WIRELESS SUPPORT STRUCTURE excludes all of the following:
(1) A utility pole or other facility owned or operated by a municipal electric utility;
(2) A utility pole or other facility used to supply traction power to public transit systems including railways, trams, streetcars, and trolleybuses.
WORKING DAY. Any Monday, Tuesday, Wednesday, Thursday, or Friday but excluding legal holidays observed by the city.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)