Unless otherwise expressly stated or the context clearly indicates a different intention, the following definitions apply to terms used in this article. Undefined words have the meanings assigned to them in 47 U.S.C. § 153 as amended, or their ordinary meanings. In the event that any definition in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a wireless facility or wireless support structure, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
AESTHETIC CORRIDOR. Any public right-of-way within the city in which existing utilities are all underground, including but not limited to the street right-of-way on Main Street, from Sherman north to U.S. Highway 54.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio signals used to provide wireless services.
BASE STATION. A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics. (See FCC 47 C. F. R. § 1.40001(b)(1)).
COLLOCATION. The practice of attaching antennas or other transmission equipment from more than one wireless service provider to an eligible support structure, for the purpose of transmitting or receiving radio frequency signals for communication purposes.
DISTRIBUTED ANTENNA SYSTEM (DAS). A network that distributes radio frequency signals and consists of:
(1) Remote communications or antenna nodes deployed throughout a desired coverage area, each including at least one antenna for transmission and reception;
(2) A high capacity signal transport medium that is connected to a central communications hub site; and
(3) Radio transceivers located at the hub’s site to process or control the communications signals transmitted and received through the antennas to provide wireless or mobile service within a geographic area or structure.
FACILITY. Any utility lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, towers, wireless or cellular facilities, including small wireless facilities, antennas, vaults or appliances, or related facilities or appurtenances thereto.
FCC. The Federal Communications Commission.
OCCUPANT. Any person, firm, corporation, association, utility or entity which enters upon the public right-of-way in the city, or in any manner establishes a physical presence on, upon, in or over the right-of-way for the purpose of installing, constructing, maintaining or operating any utility facility.
PUBLIC RIGHT-OF-WAY. The area on, below, or above real property that has been designated for use as, or is used for, a public roadway, highway, street, sidewalk, alley or similar purpose. For the purposes of this article, the term PUBLIC RIGHT-OF-WAY does not include the following:
(1) Federal interstate highways or other areas which are not within the legal jurisdiction, or within the legal maintenance responsibility, of the city;
(2) Easements obtained by utilities, or private easements in platted subdivisions or tracts; and
(3) The airwaves above a right-of-way with regard to wireless communications or other nonwire telecommunications or broadcast service.
SHOT CLOCK. Time limits established by the FCC, within which a state or local government is required to process an application to deploy a wireless infrastructure facility. (See FCC Declaratory Ruling and Third Report and Order FCC 18-133.)
SMALL WIRELESS FACILITY. Any small wireless facility as defined under §§ 253 and 332 of the Communications Act (47 U.S.C. § 253; 47 U.S.C. § 332). Also known as a SMALL CELL FACILITY.
(1) A
SMALL WIRELESS FACILITY typically consists of a small cell antenna and an associated equipment box.
(2) SMALL WIRELESS FACILITIES are typically used in urban areas with high demand for wireless services. They are often mounted on either dedicated poles or existing utility poles in the public right-of-way, where they have access to both fiber optic cables and electric power. Sometimes multiple SMALL WIRELESS FACILITIES are clustered on or around one support structure.
(3) According to the 2018 FCC Declaratory Ruling and Third Report and Order FCC 18-133, a SMALL WIRELESS FACILITY must satisfy the following conditions:
(A) Each antenna must be three cubic feet or less in volume;
(B) All associated equipment must be 28 cubic feet or less in volume;
(C) Maximum height. A
SMALL WIRELESS FACILITY must meet at least one of the following height restrictions.
(i) Must be mounted on a structure which is 50 feet or less in height;
(ii) Must be mounted on a structure which is no more than 10% taller than adjacent structures; and
(iii) When mounted on an existing structure, must not extend the height of that structure by more than ten feet or by more than 10%, whichever is greater.
SUBSTANTIAL MODIFICATION. A proposed modification to an existing wireless support structure or base station that will substantially change the physical dimensions of the wireless support structure or base station under the objective standard for substantial change, as established by the FCC in 47 C.F.R. § 1.40001.
TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for a wireless service licensed or authorized by the federal communications commission including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable and regular and backup power supply. TRANSMISSION EQUIPMENT includes equipment associated with wireless services including, but not limited to, private, broadcast and public safety services such as wireless local area network services, and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
WIRELESS FACILITIES are equipment at a fixed location that enables wireless communications between user equipment and a communications network, including but not limited to:
(1) Equipment associated with wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration; and
(3) WIRELESS FACILITY does not mean any wired connections from a wireless support structure or base station to a hub or switching location.
WIRELESS INFRASTRUCTURE PROVIDER. Any person that builds or installs transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.
WIRELESS SERVICES. “Personal wireless services” and “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities or any fixed or mobile wireless services provided using wireless facilities.
WIRELESS SERVICES PROVIDER. A provider of wireless services.
UTILITY POLE. A structure owned or operated by a public utility as defined in K.S.A. 66-104, and amendments thereto, a municipality as defined in K.S.A. 75-6102, and amendments thereto, or an electric cooperative as defined in K.S.A. 2016 Supp. 17-4652, and amendments thereto, that is designed specifically for and used to carry lines, cables or wires for telecommunications, cable, electricity or to provide lighting.
(Ord. 2040, passed 1-24-2019)