(A) For purposes of this chapter, the following words, terms and phrases shall be defined as follows:
ACT. Public Act 365 of 2018, as amended, Michigan's Small Wireless Communications Facilities Deployment Act.
APPLICANT. The wireless provider who has applied for or been issued a Permit as provided in this ordinance. Applicant does not include an investor-owned utility whose rates are regulated by the Michigan Public Service Commission.
CITY. The City of Saginaw.
CO-LOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. Co-location has a corresponding meaning. CO-LOCATE does not include make-ready work or the installation of a new utility pole or new wireless support structure.
DIRECTOR. The City's Director of Public Services or their designee.
PERMIT. A small cell wireless facility permit issued by the city pursuant to this chapter. The term permit shall have its common meaning.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
PUBLIC RIGHT-OF-WAY or ROW. The area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of-way does not include any of the following:
(a) A private right-of-way.
(b) A limited access highway.
(c) Land owned or controlled by a railroad as defined in section 109 of Public Act 354 of 1993, as amended, the Railroad Code of 1993.
(d) Railroad infrastructure.
SMALL CELL WIRELESS FACILITY. A wireless facility that meets both of the following requirements:
(a) 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 would fit within an imaginary enclosure of not more than six cubic feet.
(b) All other wireless equipment associated with the facility is cumulatively not more than 25 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, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
UTILITY POLE. A pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in Section 13(5) of the Act and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground.
WIRELESS FACILITY. Equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. WIRELESS FACILITY includes a small cell wireless facility. WIRELESS FACILITY does not include any of the following:
(a) The structure or improvements on, under, or within which the equipment is co-located.
(b) A wireline backhaul facility.
(c) Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications services in this state, but not including a wireless services provider that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application as required in this ordinance, provides written authorization to perform the work on behalf of a wireless services provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.
WIRELESS SERVICES PROVIDER. A person that provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support or capable of supporting small cell wireless facilities. Wireless support structure does not include a utility pole.
(B) All other terms and phrases used herein shall be defined consistent with the Act.
(Ord. O-213, passed 11-4-2019, effective 11-14-2019)