As used in this Ordinance, the following terms shall have the meanings set forth below:
ANTENNA: | Communications equipment that transmits or receives electromagnetic radio frequency signals and that is used to provide wireless services. |
ANTENNA ARRAY: | A single or group of antenna elements, not including small wireless facilities, and associated mounting hardware, transmission lines, remote radio units, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless communication signals. |
APPLICABLE CODES: | Uniform building, fire, electrical, plumbing or mechanical codes adopted by a recognized national code organization and enacted by the City, including the local amendments to those codes enacted by the City solely to address imminent threats of destruction of property or injury to persons, to the extent that those amendments are consistent with the Wireless Consumer Advanced Infrastructure Investment Act (“Act”). |
APPLICANT: | A wireless provider that submits an application. |
APPLICATION: | A request submitted by an applicant to the City for a permit to collocate one or more small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. |
CITY: | The City of Gallup. |
CITY UTILITY POLE: | A utility pole, owned or maintained by the City. |
COLLOCATE” OR “COLLOCATION: | To install, mount, maintain, modify, operate or replace one or more wireless facilities on, in or adjacent to a wireless support structure or utility pole. |
DESIGN DISTRICT: | The Downtown Overlay District or an area which, in the future, may be zoned or otherwise designated by municipal ordinance and for which the City maintains and uniformly enforces unique design and aesthetic standards. |
ELIGIBLE FACILITIES REQUEST: | Any request for modification of an existing tower or base station involving the collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment; that does not substantially change the physical dimensions of such tower or base station; and that falls within the definition of an “Eligible Facilities Request” contained in Section 6409(a) of the Spectrum Act of 2012. |
ELIGIBLE SUPPORT STRUCTURE: | Any tower or base station that is existing at the time the relevant application is filed with the City under this Chapter. |
EXISTING: | A tower or base station that has been reviewed and approved under an applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. |
FAA: | The Federal Aviation Administration. |
FEE: | A one-time charge. |
HISTORIC DISTRICT: | A group of buildings, properties or sites that fall within the category defined in 47 C.F.R. 1.1307(a)(4) and are: (a) listed in the national register of historic places or formally determined eligible for listing in that register by the keeper of the register in accordance with the nationwide programmatic agreement found in 47 C.F.R. Part 1, Appendix C; or (b) designated as a historic district in accordance with the Historic District and Landmark Act; or (c) the Gallup Commercial Historic District as designated in the Gallup Land Development Standards. |
LAW: | Federal, State of New Mexico, or local laws or regulations including Gallup City ordinances. |
PERMIT: | The written permission of the City for a wireless provider to install, mount, maintain, modify, operate or replace a small wireless facility. |
PERSON: | An individual, corporation, limited liability company, partnership, association, trust or other entity or organization and includes the City. |
RATE: | A recurring charge. |
RIGHT-OF-WAY: | The area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. Right-of-way does not include the area on, below or above a federal interstate highway, a state highway or route under the jurisdiction of the New Mexico Department of Transportation, a private easement or a utility easement that does not authorize the deployment sought by a wireless provider. |
SHOT CLOCK: | The period of time within which the City needs to act and render a decision on an application. |
SMALL WIRELESS FACILITY: | A wireless facility whose: |
(1) Antennas are, or could fit, inside an enclosure with a volume of six (6)or fewer cubic feet; and | |
(2) Other ground- or pole-mounted wireless equipment, not including the following, is twenty-eight (28) or fewer cubic feet in volume: | |
(i) Electric meter; | |
(ii) Concealment elements; | |
(iii) Telecommunications demarcation box; | |
(iv) Grounding equipment; | |
(v) Power transfer switch; | |
(vi) Cutoff switch; | |
(vii) Vertical cable runs for the connection of power and other services; and | |
(viii) Design elements required by the City. | |
STEALTH DESIGN: | A design that minimizes the visual impact of wireless facilities by camouflaging, disguising, screening or blending them into the surrounding environment. Examples of stealth design include, but are not limited to: facilities disguised as trees, flagpoles, utility and light poles, bell towers, clock towers, ball field lights and architecturally screened roof-mounted antennas or flush-mounted antennas that are either painted to match or enclosed in an architecturally-applicable box. |
SUBSTANTIAL CHANGE: | A modification that substantially changes the physical dimensions of an eligible support structure, as provided in 47 C.F.R. § 1.6100(b)(7), as amended from time to time and as interpreted by the FCC. |
TOWER: | Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless services including, but not limited to: private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. |
UTILITY POLE: | A pole or similar structure used, in whole or in part, for communications services, electricity distribution, lighting or traffic signals. Utility pole does not include a wireless support structure or electric transmission structure. |
WIRELESS FACILITY: | Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications; radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment, regardless of technological configuration; and includes a small wireless facility. Wireless facility does not include: |
(1) The structure or improvements on, under or within which the equipment is collocated; | |
(2) A wireline backhaul facility, coaxial cable or fiber-optic cable between wireless support structures or utility poles; or | |
(3) Coaxial or fiber-optic cable otherwise not immediately adjacent to, or directly associated with, an antenna. | |
WIRELESS INFRASTRUCTURE PROVIDER: | A person, other than a wireless services provider, that may provide telecommunications service in New Mexico and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or wireless support structures. |
WIRELESS PROVIDER: | A wireless infrastructure provider or wireless services provider. |
WIRELESS SERVICES: | Services provided to the public that use licensed or unlicensed spectrum, either mobile or at a fixed location, through wireless facilities. |
WIRELESS SERVICES PROVIDER: | A person that provides wireless services. |
WIRELESS SUPPORT STRUCTURE: | A freestanding structure, including a monopole or guyed or self-supporting tower, but not including a utility pole. (Ord. C2021-5, 8-24-2021) |