For the purposes of this chapter and except where expressly provided in Section 1036.04, Definitions Applicable to Type I Applications for Minor Modifications, the following words and phrases used in this chapter shall have the meanings ascribed to them in this section regardless of whether or not the words and phrases are capitalized.
(a) "Antenna" means any apparatus designed for the purpose of the transmission and/or reception of radio frequency ("RF") radiation, to be operated or operating from a fixed location to facilitate wireless communications services including but not limited to the transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds.
(b) "Applicant" means any person that submits an application to the City to site, install, construct, collocate, modify, and/or operate a wireless communications facility in the right-of-way.
(c) "Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended and interpreted by the FCC and any other authority with competent jurisdiction, which defines that term as follows:
(1) A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower.
(2) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(3) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(4) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (b)(1)(I) through (ii) of 47 C.F.R.1.40001(b) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(5) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i)-(ii) of 47 C.F.R. 1.40001(b).
(6) As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on utility poles and other structures in the right-of-way, light standards, or traffic signals when such structure is approved by the City as an appropriate support for wireless transmission equipment. An existing structure without wireless equipment replaced with a new one designed to bear the additional weight from wireless equipment constitutes a base station.
(d) "Collocation" means the mounting or installation of a wireless communications facility on an existing eligible support structure or potential support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, as more specifically defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended or superseded.
(e) "Design guidelines" means those detailed design guidelines and examples promulgated by the Department for the design and installation of structures supporting wireless communications facilities in the right-of-way, which are effective insofar as they do not conflict with FCC rules and regulations or the design standards established in Section 1036.09.
(f) "Design standards" means those standards established in Section 1036.09 for the design, construction, and installation of wireless communications facilities in the right-of-way, which are supplemented by design guidelines, and which are effective insofar as they do not conflict with State or Federal law, including without limitation any applicable FCC rules and regulations.
(g) "Department" means the Department of Public Works of the City of Lima.
(h) "Director" means the Director of the Department of Public Works of the City of Lima.
(i) "Eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section."
(j) "Potential support structure" means an existing building or structure, other than a tower as defined in this section, that may be transformed into a base station through the mounting or installation of an antenna or transmission equipment after that city approves it as a support structure and the permittee installs transmission equipment pursuant to such approval; potential support structures include but are not limited to buildings, steeples, water towers, utility poles, light poles, City-owned structures in the right-of-way, and outdoor advertising signs.
(k) "Person" means, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, and two or more persons having a joint or common interest.
(l) "Right-of-way" means real property for or devoted to (1) public transportation purposes; or (2) the placement of the City's municipal utility easements and other traditional uses along a transportation route, whether by dedication, prescription, or otherwise, as well as the spaces above and below. In addition to the foregoing, the definition of right-of-way includes, without limitation, public highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, and viaducts within the City.
(m) "Substantial change" means the same as defined by the FCC in 47 C.F.R. §1.40001(b)(7), as may be amended, and as applicable to facilities in the public right-of-way, which defines that term as a collocation or modification that:
(1) Increases the overall height more than ten percent or ten feet (whichever is greater);
(2) Increases the width more than six feet from the edge of the wireless tower or base station;
(3) Involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;
(4) Involves the installation of any new ground-mounted equipment cabinets that are ten percent larger in height or volume than any existing ground-mounted equipment cabinets;
(5) Involves excavation or deployment of equipment outside the area in proximity to the structure and other transmission equipment already deployed on the ground;
(6) Would defeat the existing concealment elements of the support structure as determined by the Department; or
(7) Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change.
Note: For clarity, the definition in this chapter includes only the definition of a substantial change as it applies to facilities in the public right-of-way. The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a) of the Middle Class Tax Relief and Job Creation Act.
(n) "Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, that are constructed for 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, and the associated site, as more specifically defined by the FCC in 47 C.F.R. §1.40001(b)(9), as may be amended or superseded.
(o) "Transmission equipment" means any equipment that facilitates transmission of any FCC licensed or authorized wireless communications service, including but not limited to radio transceivers, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply, as more specifically defined by the FCC in 47 C.F.R. § 1.40001(b)(8). This definition includes equipment in any technological configuration associated with any FCC authorized wireless transmission, licensed or unlicensed, commercial mobile, private mobile, fixed wireless microwave backhaul, and fixed broadband.
(p) "Wireless communications facility" means any unstaffed installation for the transmission and/or reception of radio frequency signals for wireless communications services, typically consisting of a tower or base station, transmission equipment, equipment cabinets, and all materials or techniques used to conceal the installation.
(q) "Wireless communications service" means any FCC-licensed or authorized wireless communication service including, without limitation, any personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(D).
(r) "Wireless ROW permit" means a wireless facility right-of-way occupancy permit as further defined in Section 1036.07(c).
(Ord. 070-17. Passed 3-27-17.)