(a) General use of terms.
(1) The terms, phrases, words, and their derivations used in this Chapter shall have the meanings given in this section.
(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(4) The words "shall" and "will" are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(b) Defined terms.
ABANDONED. Any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the City and receiving the City's approval.
AFFILIATE. When used in relation to any entity, means another entity that owns or controls, is owned or controlled by, or is under common ownership or control with, such entity.
AGENT. A person authorized to work on behalf of a public utility or operator, and who provides the City written evidence of such authorization.
ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
APPLICANT. Any person, including an entity, that submits an application to the City to site, install, construct, collocate, modify, and/or operate a small cell facility or wireless support structure in the right-of-way according to the requirements of this Chapter.
CABLE OPERATOR. Any person or group of persons:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
CABLE SERVICE.
(1) The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. 522 Section 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
CITY. The City of Mentor.
CITY MANAGER. The City Manager of the City of Mentor, or a designee thereof.
COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless small cell facilities on a wireless support structure.
DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
(1) Electric lighting;
(2) Specially designed informational or directional signage;
(3) Temporary holiday or special event attachments.
DESIGN GUIDELINES. Those detailed design guidelines, specifications and examples promulgated by the City Manager for the design and installation of small cell facilities and wireless support structures, which are effective insofar as they do not conflict with this Chapter or federal and state laws, rules, and regulations.
ELIGIBLE FACILITIES REQUEST. Has the same meaning as defined in 47 U.S.C. 1455 (a)(2).
FRANCHISE AUTHORITY. See CABLE FRANCHISE.
FCC. The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
HISTORIC DISTRICT. A building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;
(2) A registered historic district as defined in section 149.311 of the Revised Code.
OCCUPY OR USE. With respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
OPERATOR. A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. For the purpose of this Chapter, "operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
PERSON. Any natural person, corporation, partnership, company, association, or other entity, including but not limited to any governmental entity.
PUBLIC UTILITY or UTILITY. A facilities-based provider of wireless service to one or more end users in this state, or any company described in section 4905.03 of the Ohio Revised Code and as further defined in section 4905.02 of the Ohio Revised Code, including but not limited to the following types of companies: telephone, electric light, gas, natural gas, pipe-lines, water-works, and sewage disposal systems.
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 bikepath, 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. "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 permit or by administrative regulation.
RIGHT OF WAY PERMIT, SMALL CELL. Means a permit issued by the City for the collocation, construction, maintenance, operation, or replacement of small cell facility(ies) and/or wireless support structures in, along, across, upon and under the right-of-way.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna 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; and
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight 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 the connection of power and other services.
SUBSTANTIAL CHANGE: Has the same meaning as described in 47 C.F.R. 1.40001(b)(7).
TOLLING or TOLL PERIOD. The pausing or delaying of the running of a required time period.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles.
VIDEO SERVICE PROVIDER. A person granted a video service authorization under sections 1332.21 to 1332.34 of the Ohio Revised Code.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
(A) Equipment associated with wireless communications;
(B) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(2) The term includes small cell facilities.
(3) The term does not include any of the following:
(A) The structure or improvements on, under, or within which the equipment is collocated;
(B) Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined herein.
WIRELESS SUPPORT STRUCTURE. A pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(Ord. 18-O-062. Passed 7-3-18.)