(A) For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The words "shall," "will" and "must" are mandatory, and "may" is permissive. Words not otherwise defined herein shall have the meaning ascribed thereto under Fla. Stat. Ch. 202 or 337, as amended, or where none is ascribed shall be construed to mean the common and ordinary meaning.
ABANDONMENT means the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "abandonment" of a facility in the public rights-of-way.
AFFILIATE means each person, directly or indirectly, controlling, controlled by, or under common control with a communications services provider that is registered with the city; provided that AFFILIATE shall in no event mean any limited partner, member, or shareholder holding an interest of less than 15 percent in such communications services provider.
ANTENNA means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services or other communications services.
APPLICABLE CODES means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement this subsection. The term includes objective design standards adopted by ordinance which may require that a new utility pole replacing an existing utility pole be of substantially similar design, material, and color, or that ground-mounted equipment meet reasonable spacing requirements. The term includes objective design standards adopted by ordinance which may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements; however, the city may waive the design standards upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense. The waiver must be granted or denied within 45 days after the date of the waiver request.
APPLICANT means a person who submits an application and is a wireless provider.
APPLICATION means a request submitted by an applicant to the city for a permit to collocate small wireless facilities.
AS-BUILT SURVEYS means the final and complete drawings in hard copy signed and sealed by a professional surveyor and mapper (as defined in Fla. Stat. § 472.005) and the final and complete electronic overview map (in autocad, microstation, mapinfo or ESRI format) presented in computer input medium such as cd-rom, dvd or zip100/250. As-built surveys, in both the drawings and the electronic overview map, must show the present state of a communications services provider's facilities in the public rights-of-way, including, but not limited to, the horizontal and vertical location of facilities located at least every 100 feet and at any alignment change. Horizontal locations on all points of facilities shall be from street centerline, or section or quarter section lines or corners. Vertical locations on all points of facilities shall consist of elevations in either city datum or United States Geological Survey datum.
CABLE SERVICE means the one-way transmission to subscribers of video programming or any other programming service; and subscriber interaction, if any, that is required for the selection or use of such video programming or other programming service.
CABLE SERVICE PROVIDER means a person that provides cable service over a cable system.
CABLE SYSTEM means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community, but such term does not include: a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; a facility that serves subscribers without using any public right-of-way; a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the federal Communications Act of 1934 except such facility shall be considered a cable system other than for purposes of 47 U.S.C. Section 541(c) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; any facilities of any electric utility used solely for operating its electric utility systems; or an open video system that complies with 47 U.S.C. Section 573.
CHAPTER means the Palm Bay Communications Right-of-Way Utilization Ordinance, codified as Chapter 101 of the City Code pursuant to that ordinance enacted by City Council effective on July 1, 2017, as may be amended or supplemented from time to time.
CITY means the City of Palm Bay, Florida, a municipal corporation organized and existing under the laws of the State of Florida.
CITY CODE means the municipal code of ordinances of the City of Palm Bay, Florida.
CITY COUNCIL means the governing body for the city.
CITY UTILITY POLE means a utility pole owned by the city in the right-of-way.
COLLOCATE or COLLOCATION means the shared use of facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one user of the public rights-of-way in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. CO-LOCATION does not include interconnection of facilities or the sale or purchase of capacity (whether bundled or unbundled).
COMMUNICATIONS FACILITY, FACILITY or FACILITIES means any portion of a communications system located in the public rights-of-way.
COMMUNICATIONS SERVICES means the definition ascribed thereto in Fla. Stat. § 202.11(1), as may be amended, and also includes but is not limited to wireless services as defined herein.
COMMUNICATIONS SERVICES PROVIDER means (i) any person, municipality or county providing communications services through the use and operation of a communications system or communications facilities installed, placed and maintained in the public rights-of-way, regardless of whether such system or facilities are owned or leased by such person, municipality or county and regardless of whether such person, municipality or county has registered with the Florida Department of Revenue as a provider of communications services in Florida pursuant to Fla. Stat. Ch. 202, and (ii) any person, municipality or county who constructs, installs, places, maintains or operates communications facilities in the public rights-of-way but who does not provide communications services, including for example a company that places "dark fiber" or conduit in the public rights-of-way and leases or otherwise provides those facilities to another company that does provide communications services.
COMMUNICATIONS SYSTEM or SYSTEM means any permanent or temporary plant, equipment and property placed or maintained in the public rights-of-way that is occupied or used, or is capable of being occupied or used, by a communications services provider for the purpose of producing, conveying, routing, transmitting, receiving, amplifying, distributing, providing or offering communications services including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios and any associated poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other plant, equipment and pathway.
DEALER means any person, municipality or county providing communications services to an end user in Palm Bay through the use and operation of communications facilities installed, placed and maintained in the public rights-of-way, whether owned or leased, and who has registered with the Florida Department of Revenue as a provider of communications services pursuant to Fla. Stat. Ch. 202. This definition of "dealer" is intended to include any "reseller."
DEPARTMENT means the Florida Department of State.
DEVELOPMENT PERMIT means the permit required under § 179.096, Palm Bay Code (within the Right-of-Way and Easement Use Ordinance subchapter), prior to commencement of any placement or maintenance of facilities in the public rights-of-way.
EXCAVATION or other similar formulation of that term means the cutting, trenching or other disturbance to the public rights-of-way intended to change the grade or level of land or which causes any cavity, gap, depression, penetration or hole in the surface of the public rights-of-way.
FCC means the Federal Communications Commission.
FRANCHISE means an initial authorization or renewal of an authorization, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, to construct and operate a cable system or video service provider network facilities in the public right-of-way.
FRANCHISE AUTHORITY means any governmental entity empowered by federal, state, or local law to grant a franchise.
GOVERNMENT means the United States of America, the State of Florida, counties, municipalities, and any of their respective agencies, departments or bureaus.
IN THE PUBLIC RIGHTS-OF-WAY means in, along, on, over, under, across or through the public rights-of-way.
MICRO WIRELESS FACILITY means a small wireless facility having dimensions no larger than twenty-four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") inches in height and an exterior antenna, if any, no longer than eleven inches (11").
PASS-THROUGH FACILITIES means the facilities for a communication system that merely pass through the city from one point to another point and from which no revenues are directly attributable to subscribers or other carriers within the city.
PASS-THROUGH PROVIDER means any person, municipality or county that places or maintains a communications system or communications facilities in the public rights-of-way but who does not provide communications services, including for example a company that places "dark fiber" or conduit in the public rights-of-way and leases or otherwise provides those facilities to another company that does provide communications services to an end user. This definition of "pass-through provider" is intended to include any person that places or maintains "pass-through facilities" in the public rights-of-way, but does not provide communications services to an end user within the corporate limits of the city.
PERSON means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any affiliate, successor, assignee, transferee or personal representative thereof, and all other groups or combinations, and shall include the city to the extent that the city acts as a communications services provider.
PLACEMENT or MAINTENANCE or PLACING or MAINTAINING or other similar formulation of that term means the named actions interpreted broadly to encompass, among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement, replacement, extension, expansion, repair, removal, operation, occupation, location, relocation, grading, undergrounding, trenching or excavation. Any communications services provider that owns, leases or otherwise controls the use of a communications system or facility in the public rights-of-way, including the physical control to maintain and repair, is "placing or maintaining" a communications system or facility. A person providing service only through buying wholesale and then reselling is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "placing or maintaining" facilities in the public rights- of-way.
PUBLIC RIGHTS-OF-WAY means an interest in land granted, conveyed, dedicated, acquired for city purposes, or devoted to vehicular and/or pedestrian traffic; this shall include but not be limited to land in which the city owns fee simple title, or has established any type of ownership thereof or interest in any land utilized by the city for vehicular and/or pedestrian traffic or other purposes and includes the space above, at or below the surface of such right-of-way. PUBLIC RIGHTS-OF-WAY shall not include (a) county, state or federal rights-of-way, (b) property owned by any person other than the city, (c) service entrances or driveways leading from the road or street onto adjoining property or (d) except as described above, any real or personal property of the city, such as, but not limited to, city parks, buildings, fixtures, conduits, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.
PUBLIC SERVICE COMMISSION or PSC means the agency for the State of Florida charged with the powers and duties conferred upon it by Fla. Stat. Ch. 364.
RECORD DRAWINGS means a final and complete drawing accurately depicting the improvements as constructed. Record drawings are not required to be signed and sealed by a professional surveyor and mapper.
REGISTRATION or REGISTER other similar formulation of that term means the process described in § 101.04 herein whereby a communications services provider provides certain information to the city.
RESELLER means any person providing communications services within the city over a communications system, or portion thereof, for which a separate charge is made, where that person does not place or maintain, nor own or control, any of the underlying facilities in the public rights-of-way used for transmission. Instead such person purchases the service, usually at wholesale, from a communications services provider and then resells it at retail or such person uses the public rights-of-way by either interconnecting with the facilities of a communications services provider utilizing the public rights-of-way or by leasing excess capacity from a facility-based communications services provider.
SMALL WIRELESS FACILITY means a wireless facility that meets the following qualifications: (a) each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than 6 cubic feet in volume; and (b) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.
UTILITY POLE means a pole or similar structure used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights, but does not include any horizontal structures upon which are attached signal lights or other traffic control devices and does not include any pole or similar structure 15 feet in height or less unless the city grants a waiver for the pole.
VIDEO PROGRAMMING means programming provided by, or generally considered comparable to programming provided by, a television broadcast station as set forth in 47 U.S.C. s. 522(20).
VIDEO SERVICE means video programming services, including cable services, provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 U.S.C. s. 332 (d), video programming provided as part of and via a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet.
VIDEO SERVICE PROVIDER means an entity providing video service.
WIRELESS FACILITIES means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include (a) the structure or improvements on under within, or adjacent to the structure on which the equipment is collocated, or (b) wireline backhaul facilities, or (c) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER means a person who has been certificated to provide telecommunications service in the state, and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures, but is not a wireless services provider.
WIRELESS PROVIDER means a wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
WIRELESS SERVICES PROVIDER means a person who provides wireless services.
WIRELESS SUPPORT STRUCTURE means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.
(Ord. 2017-66, passed 10-3-17)