§ 908.01  DEFINITIONS.
   For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
   ACCESSORY EQUIPMENT. Any equipment used in conjunction with a wireless facility or wireless support structure. Accessory equipment includes utility or transmission equipment, power storage, generation or control equipment, cables, wiring and equipment cabinets.
   ANTENNA. Communications equipment transmits or receives radio frequency signals in the provision of wireless service, including associated accessory equipment.
   APPLICANT.  Any person applying for a right-of-way occupancy permit hereunder.
   BEST EFFORTS.  The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, expedition, available technology and human resources and cost.
   CABLE OPERATOR, CABLE SERVICE and FRANCHISE have the same meaning as set forth in the “Cable Communications and Policy Act of1984", 98 stat. 2779. 47 U.S.C.A. 522.
   CHAPTER.  Chapter 908 of the Codified Ordinances of the city, as amended from time to time, and any regulations adopted hereunder.
   CITY.  The City of Lebanon, Ohio.
   CITY MANAGER.  The City Manager of Lebanon, Ohio.
   CO-LOCATION. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
   COUNCIL.  The legislative body of the city.
   DEPUTY CITY MANAGER.  The Deputy City Manager of Lebanon, Ohio, or designee.
   DISTRIBUTED ANTENNA SYSTEM. A network or facility to which all of the following apply:
      (1)   It distributes radio frequency signals to provide wireless service;
      (2)   It meets the height and size characteristics of a small cell facility, as defined herein;
      (3)   It consists of the following:
         (a)   Remote antenna nodes deployed throughout a desired coverage area.
         (b)   A high-capacity signal transport medium connected top a central hub site.
         (c)   Equipment located at the hub site to process or control the radio frequency signals through the antennas.
      (4)   It conforms to the size limitations specified in R.C. § 4939.
   ELIGIBLE FACILITIES REQUEST. As defined in federal law, any request for modification of an existing wireless tower or base station that involves; (1) co-location of new transmission equipment (2) removal of transmission equipment, or (3) replacement transmission equipment.
   FORCE MAJEURE.  A strike, act of God, act of public enemy, riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such FORCE MAJEURE, but only to the extent such disabled party notifies the other party as soon as practicable regarding such FORCE MAJEURE and then for only so long as and to the extent that, the FORCE MAJEURE prevents compliance or causes noncompliance with the provisions hereof.
   GENERAL RIGHT-OF-WAY OCCUPANCY PERMIT.  Shall have the meaning set forth in § 908.03(B)(1).
   GOVERNMENTAL PURPOSES.  Those purposes classified as governmental under Ohio law, as well as water utility service, sanitary sewer service, electric service, storm sewers, automatic meter reading service, and any other city utility service to the extent such other city utility service is provided to city facilities.
   MICRO WIRELESS FACILITY. Includes both a distributed antenna system and a small cell facility, and all related wireless facilities.
   MICRO WIRELESS FACILITY OPERATOR. A public utility or cable operator that operates a micro wireless facility.
   MUNICIPAL ELECTRIC UTILITY. Has the same meaning as set forth in R.C. § 4928.01.
   MUNICIPAL ELECTRIC UTILITY POLE. A utility pole, as defined herein, that is owned by the municipal electric utility.
   PERMITTEE.  Any person issued a right-of- way occupancy permit pursuant to this chapter to use or occupy all or a portion of the right-of-way in accordance with the provisions of this chapter and said right-of-way permit.
   PERSON.  Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
   PUBLIC PROPERTY.  Any real property owned by the city or easements held or used by the city, other than a right-of-way.
   PUBLIC UTILITY. Any company described in R.C. § 4905.03, except in divisions (B) and (I) of that section, which company also is a PUBLIC UTILITY as defined in R.C. § 4905.02; and includes any electric supplier as defined in R.C. § 4933.81.
   REGULATION.  Any rule adopted by the City Manager pursuant to the authority of this chapter, and the procedure set forth in § 908.11, to carry out its purpose and intent.
   RESIDENTIAL PURPOSES.  Residential use of right-of-way for such uses as mailboxes, trees, decorative purposes or any curb cuts and driveways, and as may be further defined in the regulations.
   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 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 Manager, entitle a permittee, in accordance with the terms hereof and of any right-of-way occupancy 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 natural gas, electric, cable television, communications or other utility services as set forth in any right-of-way occupancy 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 occupancy permit or by regulation.
   RIGHT-OF-WAY OCCUPANCY PERMIT.  The non-exclusive grant of authority to use or occupy all or a portion of the city's rights-of-way granted pursuant to this chapter.
   RIGHT-OF-WAY RELATED COSTS.  All documented direct, incidental, and indirect costs actually borne by the city for the control, management and administration of the rights-of-way.
   SMALL CELL FACILITY. A wireless facility that meets the requirements of R.C. Ch. 4939;
      (1)   Each antenna associated with the facility 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 28 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 power and other services.
      (3)   If the facility were placed on a wireless support structure, the increased height would not be more than ten feet or the overall resulting height would be not more than 50 feet
   UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service, but not including structures owned by a municipal electric utility ("municipal electric utility poles").
   WIRELESS FACILITY. An antenna, accessory equipment or other wireless device or equipment used to provide wireless service.
   WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided using wireless facilities.
   WIRELESS SUPPORT STRUCTURE. A pole, such as a monopole, either guyed or self-supporting, light pole, traffic signal, sign pole, or utility pole capable of supporting wireless facilities. For purposes of requesting consent for micro wireless facility activity WIRELESS SUPPORT STRUCTURE excludes a municipal electric utility pole, or other facility owned or operated by a municipal electric utility.
(Ord. 9351, passed 7-11-06; Am. Ord. 2017-034, passed 4-25-17)