In this chapter, the following terms shall have the meaning ascribed to them below:
APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time.
APPLICANT. Any person submitting a small wireless facility permit application under this chapter.
CITY. The City of Lino Lakes, Minnesota.
COLLOCATE or COLLOCATIONS. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city.
DAYS. Counted in calender days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day.
DECORATIVE POLE. A utility pole owned, managed, or operated by or on behalf of the city or any other governmental entity that:
(a) Is specifically designed and placed for an aesthetic purpose; and
(b) 1. On which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:
a. A small wireless facility;
b. A specialty designed informational or directional sign; or
c. A temporary holiday or special event attachment.
2. On which no appurtenance or attachment has been placed, other than:
a. A small wireless facility;
b. A specialty designed informational or directional sign; or
c. A temporary holiday or special event attachment.
DEPARTMENT. The Public Services Department of the city.
DESIGN DISTRICT. Any district within the city within which architectural design elements are required.
DIRECTOR. The Director of the Department.
EXCAVATE. To dig into or in any way remove, physically disturb, or penetrate a part of a public right-of-way.
FCC and COMMISSION. The Federal Communications Commission.
HISTORIC DISTRICT. A geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically during the period of significance but linked by association or function.
MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
OBSTRUCT. To place a tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the public right-of-way.
PERMITTEE. A person that has been granted a small wireless facility permit by the Department.
PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. PERSON shall not include the city.
PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated right- of-way for travel purposes and utility easement of the city.
SMALL WIRELESS FACILITY.
(a) A Wireless facility that meets both of the following qualifications:
1. Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and
2. All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume.
(b) A micro wireless facility.
SMALL WIRELESS FACILITY PERMIT. A permit issued by the Department authorizing the installation, mounting, maintenance, modification, operation, or replacement of a small wireless facility or installation or replacement of a wireless support structure in addition to collocation of a small wireless facility on the wireless support structure.
UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole.
WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from wireless facility to a communications network.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless service between user equipment and a wireless service network, including:
(a) Equipment associated with wireless service;
(b) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and
(c) A small wireless facility.
A WIRELESS FACILITY does not include:
(a) Wireless support structures;
(b) Wireline backhaul facilities; or
(c) Coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna.
WIRELESS PROVIDER. A provider of wireless service, including, but not limited to, radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and which permits a user generally to receive a call that originates and/or terminates on the public switched network or its functional equivalent, regardless of the radio frequencies used.
WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under 47 U.S.C. § 522(6).
WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, including, but not limited to, a utility pole or a building, as reasonably determined by the Department.
(Ord. 01-19, passed 11-25-2019)