The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise.
A. “ACC” means the Arizona corporation commission or its successor agency.
B. “Antenna” means a device used to transmit and/or receive radio or electromagnetic waves. Examples include, but are not limited to, panel antennas, directional antennas, microwave dishes and whip (omni-directional) antennas.
C. “Approval authority” means the public body or official responsible for review of permit applications and vested with the authority to approve or deny them. The approval authority for a project which requires a conditional use permit refers to the planning commission, except that the approval authority refers to the council if the commission’s decision is appealed to the council. The approval authority for a project which requires an administrative wireless facilities permit or for a project which qualifies as a section 6409(a) modification refers to the planning manager.
D. “Array” means one or more antennas mounted at approximately the same level above ground on tower or base station.
E. “Base station” means the same as defined in 47 CFR § 1.6100(b)(1), as may be amended.
F. “Collocation” means the same as defined in 47 CFR § 1.6100(b)(2), as may be amended.
G. “Distributed antenna system” or “DAS” means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A DAS also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.
H. “Eligible facilities request” means the same as defined in 47 CFR § 1.6100(b)(3), as may be amended.
I. “Eligible support structure” means the same as defined in 47 CFR § 1.6100(b)(4), as may be amended.
J. “Existing” means the same as defined in 47 CFR § 1.6100(b)(5), as may be amended.
K. “Facility” means an installation used to transmit signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities.
L. “FCC” means the federal communications commission, its designated representative, or its lawful successor.
M. “Monopole” means the same as defined in A.R.S. § 9-591 paragraph 13, as may be amended.
N. “OTARD antenna” means antennas covered by the “over-the-air reception devices” rule in 47 CFR §§ 1.4000 et seq., as may be amended.
O. “Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended.
P. “Personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended.
Q. “Radome” means a weatherproof enclosure, typically constructed from fiberglass or plastic material, that protects and conceals an antenna or antennas contained inside.
R. “RF” means radio frequency.
S. “Right-of-way” means the same as defined in A.R.S. § 9-591 paragraph 18, as may be amended.
T. “Section 6409(a)” means section 6409(a) of the middle class tax relief and job creation act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.
U. “Section 6409(a) modification” means any eligible facilities request that does not cause a substantial change and that is submitted for approval pursuant to section 6409(a) and the FCC’s regulations at 47 CFR § 1.6100 et seq.
V. “Site” means the same as defined in 47 CFR § 1.6100(b)(6), as may be amended.
W. “Small wireless facility” means the same as defined in A.R.S. § 9-591 paragraph 19, as may be amended.
X. “Substantial change” means the same as defined in 47 CFR § 1.6100(b)(7), as may be amended.
Y. “Tower” means the same as defined in 47 CFR § 1.6100(b)(9), as may be amended. Includes monopole and wireless support structure.
Z. “Transmission equipment” means the same as defined in 47 CFR § 1.6100(b)(8), as may be amended.
AA. “Utility pole” means the same as defined in A.R.S. § 9-591 paragraph 21, as may be amended.
BB. “Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
CC. “Wireless support structure” means the same as defined in A.R.S. § 9-591 paragraph 27, as may be amended.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraph C
47 CFR § 1.6100(b)(1) defines “base station” as follows:
A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
(i) 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.
(ii) 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).
(iii) 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 this section 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.
(iv) 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 this section.
47 CFR § 1.6100(b)(2) defines “collocation” as “The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.”
47 CFR § 1.6100(b)(3) defines “eligible facilities request” as “Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment.”
47 CFR § 1.6100(b)(4) defines “eligible support structure” as “Any 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.”
47 CFR § 1.6100(b)(5) defines “existing” as “A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”
A.R.S. § 9-591 paragraph 13 provides: “Monopole” means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole.
47 U.S.C. § 332(c)(7)(C)(i) defines “personal wireless services” as “Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”
47 U.S.C. § 332(c)(7)(C)(ii) defines “personal wireless service facilities” as “Facilities for the provision of personal wireless services.”
A.R.S. § 9-591 paragraph 18 provides: “Right-of-way” means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider.
47 CFR § 1.6100(b)(6) defines “site” as “For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”
A.R.S. § 9-591 paragraph 19 provides: “Small wireless facility” means a wireless facility that meets both of the following qualifications: (a) All antennas are 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 the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. (b) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume, or fifty cubic feet in volume if the equipment was ground mounted before August 9, 2017. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision: (i) An electric meter. (ii) Concealment elements. (iii) A telecommunications demarcation box. (iv) Grounding equipment. (v) A power transfer switch. (vi) A cutoff switch. (vii) Vertical cable runs for the connection of power and other services.
47 CFR § 1.6100(b)(7) defines “substantial change” as follows:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv).
47 CFR § 1.6100(b)(9) defines “tower” as “Any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures 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.”
47 CFR § 1.6100(b)(8) defines “transmission equipment” as “Equipment that facilitates transmission for any Commission-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.”
A.R.S. § 9-591 paragraph 21 provides: “Utility pole” means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. Utility pole does not include a monopole.
A.R.S. § 9-591 paragraph 27 provides: “Wireless support structure”: (a) Means: (i) A freestanding structure, such as a monopole. (ii) A tower, either guyed or self-supporting. (iii) A sign or billboard. (iv) Any other existing or proposed structure designed to support or capable of supporting small wireless facilities. (b) Does not include a utility pole.
Ordinance 2022.006 revised chapter 17-18 by replacing all references to 47 CFR § 1.40001 with references to 47 CFR § 1.6100