For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. A device or system of wires, poles, rods, dishes, or similar devices used to transmit and/or receive radio or electromagnetic waves.
ANTENNA ARRAY. Two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.
ANTENNA EQUIPMENT. Equipment, switches, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collated on a structure, is mounted, or installed at the same time as such antenna.
APARTMENT. A room or suite of two or more rooms in a multiple dwelling occupied or suitable for occupancy as a residence for one family.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
APPLICANT. Any person, firm, corporation, company, or other entity that applies for a building, planning, cannabis, telecom, or other similar development permit.
ARCHITECTURAL INTEGRATION. For telecom equipment, means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the underlying structure and surrounding built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique.
BASE STATION. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(1), which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower. 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. 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). 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 47 C.F.R. sections 1.40001(b)(l)(i) and (ii) that has been reviewed and approved under the applicable zoning district 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.
CABINET. A wireless communication facility equipment enclosure that is used exclusively to contain radio or other equipment necessary for the transmission and/or reception of wireless communication signals. Cabinets can be located on a rooftop, on pedestals on the ground, or underground depending on the location of the wireless antennas.
CAMOUFLAGE or CAMOUFLAGED FACILITY. A telecom facility in which the antenna, and sometimes the support equipment, are hidden from view, or effectively disguised as may reasonably be determined by the Planning Commission or other appropriate reviewing authority, in a false tree, monument, cupola, or other concealing structure which either mimics, or which also serves as, a natural or architectural feature. Concealing structures which are not such a natural or architectural feature to the average observer do not qualify within this definition.
COLOCATION. The same as defined by the Federal Communication Commission ("FCC") in 47 C.F.R. Section 1.40001(b)(2), which defines that term 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." As an illustration and not a limitation, the FCC's definition effectively means "to add" new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.
ELECTRIC TRANSMISSION FACILITIES. A facility for transmitting electricity, and includes any structures, equipment or other facilities used for that purpose.
ELIGIBLE FACILITIES REQUEST or EFR. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(3), which defines that term 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:
(1) Colocation of new transmission equipment;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b) (4), which defines that term 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 definition.
EXISTING. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's section 6409 regulations if it has been reviewed and approved under the applicable zoning ordinance 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.
FCC. The Federal Communications Commission or its successor agency.
OPERATOR or TELECOM OPERATOR. Any person, firm, corporation, company, or other entity that directly or indirectly owns, leases, runs, manages, or otherwise controls a telecom facility or facilities within the city.
OVER THE AIR RECEPTION DEVICES (OTARD). Any over-the-air reception device subject to 47 C.F.R. section 1.4000 et seq., and which includes satellite television dishes not greater than one meter in diameter.
PERSONAL WIRELESS SERVICE FACILITIES. The same as defined in 47 U.S.C. section 332(c)(7)(C)(i), which defines the term as facilities that provide personal wireless services.
PERSONAL WIRELESS SERVICES. The same as defined in 47 U.S.C. section 332(c)(7)(C)(i), which defines the term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
PSEUDO-NATURAL INTEGRATION. Concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural environment. Given that pseudo-natural integration mimics natural features, these manmade concealment techniques are more obvious to the average, untrained observer such that the observer may not need special knowledge to recognize the existence of a pseudo-naturally integrated telecom facility. Such concealment techniques include faux-trees and other faux-plants or faux-geologic features (monoshrubs, monorocks and other faux-natural features).
RADIO FREQUENCY OR RF. Radio frequency or electromagnetic waves generally between 20 kHz and 300 GHz in the electromagnetic spectrum range. This is the frequency range at which energy from an oscillating current can radiate off a conductor into space as radio waves.
REMOTE RADIO UNIT OR RRU. The electronic devices that are used to amplify radio signals so that there is increased performance (farther distance) of the outgoing radio signal from the antenna. It is generally installed in cell towers or monopoles and are controlled by a controller placed inside a closed shelter on the ground nearby the wireless facility.
SATELLITE DISH ANTENNA. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SECTION 6409. 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. section 1455(a).
SIGNIFICANT GAP. A gap in the service provider's own wireless telecom facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.
SITE. In general terms means any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE FOR TELECOM FACILITIES. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(6), which provides that "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."
SMALL CELL WIRELESS FACILITY or SCWF. A small wireless facility as defined by the FCC and that meets the requirements specified in § 154.147.
STEALTH FACILITY. Any telecom facility designed to blend into the surrounding environment and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees.
SUBSTANTIAL CHANGE. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(7), which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public ROW). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.
(1) For towers outside the public ROW, a substantial change occurs when:
(a) The proposed colocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or
(b) The proposed colocation or modification increases the width more than 20 feet from the edge of the tower or the width of the tower at the level of the appurtenance (whichever is greater); or
(c) The proposed colocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
(d) The proposed colocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the tower, including any access or utility easements currently related to the site.
(2) For towers in the public ROW and for all base stations, a substantial change occurs when:
(a) The proposed colocation or modification increases the overall height more than 10% or ten feet (whichever is greater); or
(b) The proposed colocation or modification increases the width more than six feet from the edge of the tower or base station; or
(c) The proposed colocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
(d) The proposed colocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or
(e) The proposed colocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
(3) For all towers and base stations wherever located, a substantial change occurs when:
(a) The proposed colocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the City Manager or designee; or
(b) The proposed colocation or modification violates a prior condition of approval; provided however, that the colocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this definition.
SUPPORT EQUIPMENT. The physical, electrical and/or electronic equipment included within a telecom facility used to house, power, and/or process signals from or to the facility's antenna or antennas.
TELECOMMUNICATION(S) FACILITY, TELECOM FACILITY, WIRELESS TELECOMMUNICATIONS FACILITY. Facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment (but does not include a small wireless facility, which is defined separately under SMALL CELL WIRELESS FACILITY) used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures that exceed 30 feet in height but do not include government-operated public safety networks.
TEMPORARY WIRELESS FACILITIES. Portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs"), interim telecom sites, or other similarly portable wireless facilities not permanently affixed to site on which it is located.
TOWER. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(9), which defines that term as 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 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. Examples include, but are not limited to, monopoles, monotrees, and lattice towers.
TRANSMISSION EQUIPMENT. The same as defined by the FCC in 47 C.F.R. section 1.40001(b)(8), which defines that term as equipment that facilitates transmission for any FCC-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.
WIRELESS. Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
WIRELESS TELECOMMUNICATION PERMIT or TELECOM PERMIT. An encroachment telecommunication permit, administrative telecommunication permit, a City Council telecommunication permit, or a temporary telecommunication permit. An encroachment telecom permit is functionally equivalent to a city encroachment permit, except that such telecom permit is applicable to a telecom facility.
(Ord. 2021-03, passed 12-7-2021)