The terms used in this chapter shall have the following meanings:
A. APPLICATION: | A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit. |
B. APPLICANT: | A person filing an application for placement or modification of a wireless facility in the public rights-of-way. |
C. BASE STATION: | Shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision. |
D. DIRECTOR: | The City's Facilities and Community Services Department Director, or his or her designee. |
E. ELIGIBLE FACILITIES REQUEST: | Shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision. |
F. FCC: | The Federal Communications Commission or its lawful successor. |
G. MUNICIPAL INFRASTRUCTURE: | City-owned or controlled property, structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW. |
H. PERMITTEE: | Any person or entity granted a wireless encroachment permit pursuant to this chapter. |
I. PERSONAL WIRELESS SERVICES: | Shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i). |
J. PERSONAL WIRELESS SERVICES FACILITY: | A wireless facility used for the provision of personal wireless services. |
K. PUBLIC RIGHT-OF-WAY, OR ROW: | Shall have the same meaning as "Street" in Chapter 12 of this Code, and shall also include any portion of any road or public way which the City has the responsibility to maintain or manage. |
L. SMALL CELL FACILITY: | Shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below): |
(1) The facility - | |
(i) is mounted on a structure fifty feet (50') or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or | |
(ii) is mounted on a structure no more than ten percent (10%) taller than other adjacent structures, or | |
(iii) does not extend an existing structure on which it is located to a height of more than fifty feet (50') or by more than ten percent (10%), whichever is greater; | |
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three (3) cubic feet in volume; | |
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty eight (28) cubic feet in volume; | |
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; | |
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and | |
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b). | |
M. SUPPORT STRUCTURE: | Any structure capable of supporting a base station. |
N. TOWER: | Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless 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. This definition does not include utility poles. |
O. UNDERGROUND AREAS: | Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. |
P. UTILITY POLE: | A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole. |
Q. WIRELESS ENCROACHMENT PERMIT: | A permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached. |
R. WIRELESS FACILITY, OR FACILITY: | The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated towers, support structures, and base stations. |
S. WIRELESS INFRASTRUCTURE PROVIDER: | A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW. |
T. WIRELESS REGULATIONS: | Those regulations adopted pursuant to Section 5 and implementing the provisions of this chapter. |
U. WIRELESS SERVICE PROVIDER: | An entity that provides personal wireless services to end users. (Ord. 2894 §2, 2019) |