As used in this chapter:
ACT: Means the Telecommunications Act of 1996 (PL No. 96-104).
ANTENNA: Is defined in Utah Code Annotated section 54-21-101(1), as amended.
APPLICABLE CODES: Is defined in Utah Code Annotated section 54-21-101(2), as amended.
APPLICABLE STANDARDS: Is defined in Utah Code Annotated section 54-21-101(3), as amended.
APPLICANT: Is defined in Utah Code Annotated section 54-21-101(4), as amended.
APPLICATION: Is defined in Utah Code Annotated section 54-21-101(5), as amended.
BACKHAUL NETWORK: Means the lines that connect a provider's WCFs to one or more cellular telephone switching offices or long distance providers, or the public switched telephone network.
CITY: Means Lehi City, Utah.
COLLOCATE: Is defined in Utah Code Annotated section 54-21-101(11), as amended. Except as otherwise allowed by this chapter, the cumulative impact of colocation at a site is limited to no more than six (6) cubic feet in volume for antennas and antenna arrays, and no more than twenty eight (28) cubic feet in volume of associated equipment, whether deployed on the ground or on the structure itself.
CONSTRUCTION COSTS: Means all costs of constructing a system, including make ready costs, other than engineering fees, attorney's or accountant's fees, or other consulting fees.
CONTROL OR CONTROLLING INTEREST: Means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than thirty five percent (35%) of any provider, which person or group of persons is hereinafter referred to as "controlling person". "Control" or "controlling interest" as used herein may be held simultaneously by more than one person or group of persons.
DISTRIBUTED ANTENNA SYSTEM OR DAS: Means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.
FAA: Means the Federal Aviation Administration.
FCC: Means the Federal Communications Commission, or any successor thereto.
FRANCHISE: Means the rights and obligations extended by the City to a provider to own, lease, construct, maintain, use or operate a wireless communication system in the right-of-way within the boundaries of the City. Any such authorization, in whatever form granted, shall not mean or include: a) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the laws of the City; b) any other permit, agreement or authorization required in connection with operations on rights-of-way or other public property including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the City or a private entity, or for excavating or performing other work in or along the right-of-way.
FRANCHISE AGREEMENT: Means a contract entered into in accordance with the provisions of this chapter between the City and a provider that sets forth, subject to this chapter, the terms and conditions under which a wireless franchise will be exercised.
IN-STRAND ANTENNA: Means an antenna that is suspended by or along a wireline between utility poles and is not physically supported by any attachments to a base station, utility support structure, or tower. An in-strand antenna may not exceed three (3) cubic feet in volume. For each in-strand antenna, its associated equipment, whether deployed on the ground or on the structure itself, shall not be larger than seventeen (17) cubic feet in volume. In calculating equipment volume, the volume of power meters and vertical cable runs for the connection of power and other services shall be excluded.
INFRASTRUCTURE PROVIDER: Means a person providing to another, for the purpose of providing personal wireless services to customers, all or part of the necessary system which uses the right-of-way.
MACROCELL: Means a wireless communication facility that provides radio frequency coverage served by a high power cell site, including a tower, antenna or mast. Generally, macrocell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macrocell facilities are typically greater than three (3) cubic feet per antenna and typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers. For purposes of this chapter, a macrocell is anything other than a small cell or in-strand antenna. In addition to the requirements found in this chapter, a macrocell shall comply with the applicable zoning and use requirements as a "telecommunications facility".
MICRO WIRELESS FACILITY: Is defined in Utah Code Annotated section 54-21-101(21).
ORDINANCE OR WIRELESS ORDINANCE: Means the ordinance concerning the granting of wireless franchises in and by the City for the construction, ownership, operation, use or maintenance of a wireless communication system.
PSC: Means the Public Service Commission, or any successor thereto.
PERSON: Includes any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the City.
PERSONAL WIRELESS SERVICES FACILITIES: Has the same meaning as provided in section 704 of the Act (47 USC section 332(c)(7)(c)), which includes what is commonly known as cellular services.
RIGHT-OF-WAY: Is defined in Utah Code Annotated section 54-21-101(24), as amended.
SITE: Means the location in the right-of-way of a wireless communication facility, a utility pole, or their associated equipment.
SMALL WIRELESS FACILITY: Is defined in Utah Code Annotated section 54-21-101(35), as amended.
STEALTH DESIGN: Means technology or installation methods that minimize the visual impact of wireless communication facilities by camouflaging, disguising, screening or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees, monopines, utility and light poles, and street furniture.
SUBSTANTIAL MODIFICATION: Is defined in Utah Code Annotated section 54-21-101(26), as amended.
TELECOMMUNICATIONS: Means the transmission, between or among points specified by the user, of information of the user's choosing including data, video, and voice, without change in the form or content of the information sent and received.
TELECOMMUNICATIONS SERVICES OR SERVICES: Means any telecommunications or communications services provided by a provider within the City that the provider is authorized to provide under Federal, State and local law, and any equipment or facilities required for and integrated with the services provided within the City, except that these terms do not include "cable service" as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 USC section 521, et seq.), and the Telecommunications Act of 1996.
TELECOMMUNICATIONS SYSTEM OR SYSTEM: Means all conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased, or used by a provider, located in the right-of-way and utilized in the provision of services, including fully digital or analog, voice, data and video imaging and other enhanced telecommunications services.
TRANSMISSION EQUIPMENT: Means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLE OR POLE: Is defined in Utah Code Annotated section 54-21-101(28), as amended.
WIRE: Means fiber optic telecommunications cable, wire, coaxial cable, or other transmission medium that may be used in lieu thereof for similar purposes.
WIRELESS FACILITY OR WCF: Is defined in Utah Code Annotated section 54-21-101(29).
WIRELESS PROVIDER OR PROVIDER: Is defined in Utah Code Annotated section 54-21-101(31), as amended.
WIRELESS SERVICE: Is defined in Utah Code Annotated section 54-21-101(32), as amended.
WIRELESS SUPPORT STRUCTURE: Is defined in Utah Code Annotated section 54-21-101(34), as amended. (Ord. 77-2018, 8-28-2018)