The following definitions shall apply to this chapter as written unless context indicates or requires a different meaning.
ANTENNA.
(1) Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services; and
(2) Similar equipment used for the transmission or reception of surface waves.
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, or local amendments to those codes that are of general application, address public safety, and are consistent with this chapter.
APPLICANT. Any person who submits an application.
APPLICATION. A request submitted by an applicant for a permit to (i) collocate small wireless facilities; or (ii) install, modify, or replace a pole.
COLLOCATE. To install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a pole or support structure. COLLOCATION has a corresponding meaning.
COMMUNICATIONS FACILITY. The set of equipment and network components, including wires, cables, surface wave couplers, and associated facilities used by a cable operator, as defined in 47 U.S.C. Section 522(5); a provider of "video service" as defined in S.C. Code § 58-12-300(10); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); a provider of information service, as defined in 47 U.S.C. Section 153(24); or a wireless services provider to provide communications services, including cable service, as defined in 47 U.S.C. Section 522(6); telecommunications service, as defined in 47 U.S.C. Section l53(53); an information service, as defined in 47 U.S.C. Section 153(24); wireless services; surface wave communication; or other one-way or two-way communications service.
COMMUNICATIONS NETWORK. A network used to provide communications service.
COMMUNICATIONS SERVICE. Cable service as defined in 47 U.S.C. Section 522(6), information service as defined in 47 U.S.C. Section 153(24), telecommunications service as defined in 47 U.S.C. Section 153(53), or wireless services.
COMMUNICATIONS SERVICE PROVIDER. A cable operator, as defined in 47 U.S.C. Section 522(5); a provider of information service, as defined in 47 U.S.C. Section 153(24); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); or a wireless provider.
DAY. A calendar day unless the last day for the municipality or an applicant to take action under this chapter ends on a weekend, holiday, or time when all, but municipality emergency services are closed due to weather or some unforeseen situation.
DECORATIVE POLE. A pole, including a municipality pole, that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments (other than a small wireless facility, public safety devices, or specially designed informational or directional signage or temporary holiday or special event attachments) have been placed or are permitted to be placed according to nondiscriminatory rules or codes.
DESIGN DISTRICT. A discrete area within the jurisdiction of the municipality for which the municipality maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis among all occupants of the ROW, on the grounds that the characteristics of the discrete area warrant design and aesthetic standards that differ from those that apply to the majority of the areas within the jurisdiction of the municipality. (The design districts in existence or otherwise established as of the date hereof are set forth in Exhibit A which is attached to Ordinance 2021-018 and incorporated herein by reference.).
DESIGN MANUAL. A manual or guidebook that sets forth additional aesthetic, design, concealment, and stealth requirements applicable to small wireless facilities. The design manual may also, but need not, set forth examples of small wireless facility deployments that the municipality deems to comply with this chapter. (The initial form of the design manual is attached to Ordinance 2021-018 as Exhibit B and is incorporated herein by reference.).
ELIGIBLE FACILITIES REQUEST. A request for modification of an existing tower or base station (as those terms are defined in 45 CFR §1.6100(b)) that does not involve a substantial change in the physical dimensions of such tower or base station and that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.
FEE. A one-time, non-recurring charge.
HISTORIC DISTRICT. A group of buildings, properties, or sites that is either:
(1) Listed in the National Register of 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.1.a.i v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C; or
(2) A registered historic district pursuant to state law at the time the application is submitted; or
(3) An "overlay zone," as defined in and limited by the South Carolina Comprehensive Planning Act, (a) that has been established by the municipality at least 60 days prior to the relevant application; (b) for which the special public interest to be protected is the preservation and protection of historic and architecturally valuable districts and neighborhoods or archaeologically significant resources according to uniform design standards; and (c) for which the municipality maintains and enforces objective standards that are published in advance and applied on a uniform and nondiscriminatory basis.
MICRO WIRELESS FACILITY. A small wireless facility that (a) is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and (b) for which no exterior antenna is longer than 11 inches.
MUNICIPALITY POLE. A pole owned, managed, or operated by or on behalf of the municipality; provided, however, that such term shall not include any pole, support structure, electric transmission structure, or equipment of any type that is part of a municipally owned or municipally controlled electric plant or system for furnishing of electricity to the public for compensation. The term municipality pole shall include, without limitation, poles that the municipality leases, rents, licenses, or otherwise compensates the owner thereof for the provision of street lighting.
PERMIT. A written authorization, in electronic or hard copy format, required to be issued by the municipality to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole upon which a small wireless facility is to be collocated.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the municipality.
POLE. A vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within the ROW including, but not limited to, a replacement pole and a municipality pole. A pole shall not include a support structure or electric transmission structure.
RATE. A recurring charge.
RIGHT-OF-WAY or ROW. The area through, upon, over, or under a road, highway, street, sidewalk, alley, or similar property provided; however, that such term shall apply only to property or any interest therein that is under the ownership or control of the municipality and shall not include property or any interest therein acquired for or devoted to a federal interstate highway. For purposes of this definition, the municipality shall be deemed to have "control" of property and interests thereon owned by the state and/or the South Carolina Department of Transportation to the extent that such property and interests are within the territorial jurisdiction of the municipality.
SMALL WIRELESS FACILITY.
(1) Radio transceivers; surface wave couplers; antennas; coaxial or fiber optic cable located on a pole or support structure, immediately adjacent to a pole or support structure, or directly associated with equipment located on a pole or support structure and within a 100-foot radius of the pole or support structure; regular and backup power supplies and rectifiers; and associated ancillary equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meets both of the following qualifications:
(a) Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and
(b) All other wireless equipment associated with the small wireless facility, whether ground- or pole-mounted, is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters, concealment elements, network interface devices, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(2) The term SMALL WIRELESS FACILITY does not include: the pole, support structure, or improvements on, under, or within which the equipment is located or collocated or to which the equipment is attached; wireline backhaul facilities; or coaxial or fiber optic cable that is between small wireless facilities, poles, or support structures or that is otherwise not immediately adjacent to or directly associated with a particular antenna. For purposes of this definition, in order to be considered directly associated with equipment located on a pole or support structure, coaxial or fiber optic cable must not extend more than 100 feet in radial circumference from the base of the pole or support structure to which the antenna is attached. No portion of a small wireless facility may be used as a wireline backhaul facility.
STATE. The State of South Carolina.
SUPPLEMENTAL REVIEW DISTRICTS. Design districts, historic districts, and underground districts.
SUPPORT STRUCTURE. A building, billboard, or any other structure in the ROW to which a small wireless facility is or may be attached. A SUPPORT STRUCTURE shall not include an electric transmission structure or pole.
TECHNICALLY FEASIBLE. That by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design, concealment measures, or site location can be implemented without a material reduction in the functionality of the small wireless facility.
UNDERGROUND DISTRICT. A group of buildings, properties, or sites in which the municipality, at least 60 days prior to the relevant application, has required all communications and electric lines in the specified geographic area to be placed underground, and for which the municipality maintains and enforces objective standards that are published in advance and applied on a uniform and nondiscriminatory basis. (The underground districts in existence or otherwise established as of the date hereof are set forth in Exhibit A which is attached to Ordinance 2021-018 and incorporated herein by reference.).
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the state, acting to build or install wireless communication transmission equipment, small wireless facilities, or support structures, but that is not a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELINE BACKHAUL FACILITY. An above-ground or underground wireline facility used to transport communications between a small wireless facility network interface device and a network or another small wireless network interface device.
(Ord. 2021-018, passed 7-13-2021)