§ 104.12 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY EQUIPMENT. Any equipment used in conjunction with a wireless facility or wireless support structure. The term includes, but is not limited to: transmission lines and equipment for telecommunications and electric power, power storage, generation or control equipment, cables, wiring, equipment buildings, cabinets and shelters.
   ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless communications services, including associated accessory equipment.
   APPLICABLE LAW. All applicable laws, ordinances, codes, rules and regulations of the city, county, state, and the United States, including, but not limited to, the Americans With Disabilities Act and all historic preservation laws and requirements.
   APPLICATION. A request to construct, modify or replace a small cell facility or an associated wireless facility.
   COLLOCATION. To install, mount, maintain, modify, operate or replace small cell facilities on a wireless support structure. COLLOCATION also means the location of two or more wireless service providers on a wireless support structure.
   DIRECTOR. The Public Works Director of the city.
   DISTRIBUTED ANTENNA SYSTEM or DAS.  A network or facility that meets the height and size characteristics of a small cell facility, that distributes radio frequency signals to provide wireless service, and that consists of:
      (1)   Remote antenna nodes deployed throughout a desired coverage area;
      (2)   A high-capacity signal transport medium connected to a central hub site; and
      (3)   Equipment located at the hub site to process or control the radio frequency signals through the antennas.
   ELIGIBLE FACILITIES REQUEST. Has the same meaning as in 47 U.S.C.A. § 1455(a), as amended.
   MICRO NETWORK NODES. Miniaturized cell facility nodes usually hung on wires between poles.
   OCCUPY or USE. With respect to a right-of-way, to place a tangible thing in the right-of-way, including attaching to existing or new wireless support structures for any purpose, including, but not limited to: constructing, repairing, maintaining or operating lines, poles, pipes, conduits, ducts, equipment or other structures, appurtenances or facilities necessary for the delivery of any services by a provider of wireless service.
   OPERATOR. A person who constructs, owns or operates a small cell facility, or that proposes to construct, own or operate such a facility, including a provider of wireless service.
   REPLACEMENT. Constructing a new wireless support structure of comparable proportions and of comparable height to a preexisting wireless support structure, in order to accommodate collocation of small cell facilities; and the associated removal of the preexisting wireless facilities or wireless support structure.
   RIGHT-OF-WAY. The surface of, and the space within, through, on, across, above or below, 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 utility easement, any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by a municipal corporation. RIGHT-OF-WAY does not include a private easement.
   SMALL CELL FACILITY or NETWORK NODE. Wireless facilities that, individually and collectively, are part of a system that meets the following qualifications:
      (1)   Each antenna is of no more than six cubic feet in volume, or such greater limits as the Federal Communications Commission has excluded from review under Section 106 of the National Historic Preservation Act, as amended;
      (2)   The equipment enclosure is cumulatively no larger than 20 eight cubic feet in volume, or such higher limits as the Federal Communications Commission has excluded from review under Section 106 of the National Historic Preservation Act, as amended; and
      (3)   The increased or resulting height of the wireless support structure on which the small cell facility is placed is no more than ten feet higher than before, or no more than 50 feet high overall, whichever is greater; or, if placed on a new utility pole, the new utility pole is no more than ten feet higher than existing utility poles adjacent to the new pole, or no more than 50 feet high overall, whichever is greater.
Accessory equipment is not to be included in the calculation of equipment volume and may be located outside the equipment enclosure. The term SMALL CELL FACILITY includes a DAS and other wireless technology meeting the above qualifications.
   TRANSPORT FACILITIES. Physical lines (usually fiber) between network nodes connecting the network nodes to the network.
   WIRELESS FACILITY. An antenna, accessory equipment, or other wireless device or equipment of similar function, exclusive of the wireless support structure, used to provide wireless service.
   WIRELESS SERVICE. Any service, whether at a fixed location or mobile, provided it uses wireless facilities.
   WIRELESS SUPPORT STRUCTURE or NODE SUPPORT POLE. A freestanding structure, such as a telephone pole, electric utility pole, monopole, light pole, traffic signal or sign pole, or other existing or proposed structure designed to support, or capable of supporting, wireless facilities, including structures owned or operated by the city.
(Ord. 2017-22, passed 8-22-17)