1154.01 DEFINITIONS.

   As used in this Chapter, unless otherwise expressly provided or the context otherwise requires:

   (a)   "Affiliate" when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

   (b)   "Antenna" means any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies, wireless communication signals, or other communication signals.

   (c)   "Applicant" means any person that submits an application to the City to site, install, construct, collocate, modify, and/or operate a Small Cell Facility or Wireless Support Structure in the Public Right-of-Way according to the requirements of this chapter.

   (d)   "Cable Operator" or "Service Provider" means any person or group who provides cable service over a cable system, and directly or through one or more affiliates, own a significant interest in such cable system; or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

   (e)   "Cable Service" means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

   (f)   "City" means the City of Independence, Ohio.

   (g)   "Collocation" or "Collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a Wireless Support Structure.

   (h)   "Eligible Facilities Request" means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended, which defines that term as "any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving:

      (1)   Collocation of new small cell facilities;

      (2)   Removal of small cell facilities; or

      (3)   Replacement of small cell facilities.

   (i)   "Micro Wireless Facility" means 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 have an exterior Antenna more than eleven inches in length suspended on cable strung between Wireless Support Structures.

   (j)   "Occupy or Use" means with respect to the Public Right-of-Way, to place a tangible thing in the Public 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 or Service Provider.

   (k)   "Person" means any individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.

   (l)   "Public Utility" means an organization supplying a community with electricity, gas, water, or sewerage.

   (m)   "Public Street" means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane court, alley or other Public Right-of-Way in which the City has an interest in law or equity and which has been acquired, established, dedicated or devoted to street purposes.

   (n)   "Public Right-of-Way" means 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 City which shall, within its proper use and meaning in the sole opinion of the City's Building Official, entitle a permittee, in accordance with the terms hereof and of any Public 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 Public Right-of-Way permit. Public 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 Public Right-of-Way permit or by administrative regulation.

   (o)   "Small Cell Design Guidelines" means those detailed design guidelines, specifications and examples promulgated by the Building Department for the design and installation of small cell facilities and wireless support structures in the Public Right-of-Way, which are effective insofar as they do not conflict with FCC rules and regulations or the General Small Cell Requirements established in this Chapter.

   (p)   "Small Cell Facility" means 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 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.

   (q)   "Wireless Facility" means:

      (1)   Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

         A.   Equipment associated with wireless communications;

         B.   Radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

      (2)   The term includes Small Cell Facilities.

      (3)   The term does not include any of the following:

         A.   The structure or improvements on, under, or within which the equipment is Collocated;

         B.   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.

   (r)   "Wireless Service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using Wireless Facilities.

   (s)   "Wireless Support Structure" means 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 utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.

      (Ord. 2018-115. Passed 8-14-18.)