(a) General use of terms:
(1) The terms, phrases, words, and their derivations used in this Chapter shall have the meanings given in this Section.
(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this Section.
(4) The words "shall" and "will" are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(b) Defined terms:
(1) Abandoned. Small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the Village and receiving the Village's approval.
(2) Accessory Equipment. Any equipment used in conjunction with a wireless facility or wireless support structure, including utility or transmission equipment, power storage, generation or control equipment, cables, wiring, and equipment cabinets.
(3) Agent. A person that provides the Village written authorization to work on behalf of a public utility.
(4) Antenna. Any communications equipment designed for the purpose of the transmission and/or reception of radio frequency ("RF") radiation, to be operated or operating from a fixed location to facilitate wireless communications services, including associated accessory equipment.
(5) Applicant. Any person that submits an application to the Village to site, install, construct, collocate, modify, and/or operate a Wireless Communications Facility in the Right-of-Way according to the requirements of this Chapter.
(6) Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower as defined in 47 C.F.R. §1.40001(b)(9) or any equipment associated with a Tower.
A. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
C. The term includes any structure other than a Tower that, at the time the relevant application is filed with the State or local government under this Division, supports or houses equipment described in paragraphs (b)(6)A. through D. of this Division that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
D. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this Division, does not support or house equipment described in paragraphs (b)(6)A. through D. of this Division.
As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on utility poles and other structures in the Right-of Way, light standards, or traffic signals when such structure is approved by the Village as an appropriate support for small cell facilities. An existing structure without wireless equipment replaced with a new one designed to bear the additional weight from wireless equipment constitutes a base station.
(7) Cable Operator. Any person or group of persons:
A. Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
B. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(8) Cable Service.
A. The one-way transmission to subscribers of video programming, or other programming service, and
B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service;
(9) Cable Franchise. An initial authorization, or renewal thereof, issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
(10) Clear Zone. The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.
(11) Collocation or Collocate. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
(12) 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 any of the following:
A. Electric lighting;
B. Specially designed informational or directional signage;
C. Temporary holiday or special event attachments.
(13) Design Guidelines. Means those detailed design guidelines and examples promulgated by the Building Department for the design and installation of structures supporting wireless communications facilities in the Right-of-Way, which are effective insofar as they do not conflict with FCC rules and regulations or the design standards established in this Chapter.
(14) Design Standards. Means those standards established in this Chapter for the design, construction, and installation of wireless communications facilities in the Right-of Way, which are supplemented by Design Guidelines, and which are effective insofar as they do not conflict with state or federal law, including without limitation any applicable FCC rules and regulations.
(15) Eligible Facilities or Eligible Support Structure Request. Means the same as defined by the FCC in 47 A.A.R. §l.4000l(b)(3), as may be amended, which defines that term as "any request for modification of an existing support structure or base station that does not substantially change the physical dimensions of such support structure or base station, involving:
A. Collocation of new small cell facilities;
B. Removal of small cell facilities; or
C. Replacement of small cell facilities.
(16) Eligible Support Structure. Any tower or base station as defined in this Section, provided that it is existing at the time the relevant application is filed with the Village under this Section.
(17) Micro Wireless Facility. A small cell facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.
(18) Municipal Electric Utility. A municipal corporation that owns or operates facilities to generate, transmit, or distribute electricity.
(19) Ohio Manual of Uniform Traffic Control Devices of OMUTCD. The uniform system of traffic control devices promulgated by the department of transportation.
(20) Occupy or Use. With respect to the Right-of-Way, to place a tangible thing in the 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.
(21) Potential Support Structure. Means an existing building or structure, other than a Tower as defined in this section, that may be transformed into a base station through the mounting or installation of an antenna or small cell equipment after the Village approves it as a support structure and the permittee installs small cell facilities pursuant to such approval; Potential Support Structures include but are not limited to buildings, steeples, water towers, utility poles, light poles, Village-owned structures in the Right-of-Way, and outdoor advertising signs.
(22) Person. Means, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, and two or more persons having a joint or common interest.
(23) Public Utility. A wireless service provider as defined in Division (A)(20) of Section 4927.01 of the Revised Code or any company described in section 4905.03 of the Revised Code except in Divisions (B) and (I) of that Section, which company also is a public utility as defined in Section 4905.02 of the Revised Code; and includes any electric supplier as defined in Section 4933.81 of the Revised Code.
(24) Right-of-Way Fee. A fee levied to recover the costs incurred by the Village and associated with the occupancy or use of Right-of-Way.
(25) 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 and any other land dedicated or otherwise designated for the same now or hereafter held by the Village which shall, within its proper use and meaning in the sole opinion of the Chief Building Official, entitle a permittee, in accordance with the terms hereof and of any Right-of-Way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any Right-of-Way permit. Right-of-Way shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a Right-of-Way permit or by administrative regulation.
(26) Small Cell Facility. A wireless facility that meets both of the following requirements:
A. 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.
B. 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.
(27) Small Cell Facility Operator or Operator. A wireless service provider, or its designated agent, or cable operator, or its designated agent, or a video service provider, or its designated agent, that operates a small cell facility and provides wireless service as defined in Division (V) of Section 4939.01 of the Revised Code. For the purpose 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), and services that are fixed in nature or use unlicensed spectrum.
(28) Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, that are constructed for wireless communications 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, as more specifically defined by the FCC in 47 C.F.R. §l.4000l(b)(9), as may be amended or superseded.
(29) 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.
(30) Video Service Provider. Has the same meaning as in Section 1332.21 of the Revised Code.
(31) Wireless Communications Facility. Means any unstaffed installation for the transmission and/or reception of radio frequency signals for wireless communications services, typically consisting of a tower or base station, transmission equipment, equipment cabinets, and all materials or techniques used to conceal the installation.
(32) Wireless Communications Service. Means any FCC-licensed or authorized wireless communication service including, without limitation, any personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(D).
(33) Wireless Facility.
A. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
1. Equipment associated with wireless communications;
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
B. The term includes small cell facilities.
C. The term does not include any of the following:
1. The structure or improvements on, under, or within which the equipment is collocated;
2. 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.
(34) Wireless Row Permit. Means a wireless facility Right-of-Way occupancy permit as further defined in Section 911.03 of the codified ordinances of the Village.
(35) Wireless Service. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(36) Wireless Service Provider. A person who provides wireless service as defined in Division (A)(20) of Section 4927.01 of the Revised Code.
(37) Wireless Support Structure. A pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding:
A. Utility poles or other facilities owned or operated by a municipal electric utility;
B. Utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
(38) 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.
(39) Work Permit. A permit issued by the Village that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public Right-of-Way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public Right-of-Way. (Ord. 2018-04-16. Passed 4-18-18.)