The terms used in this chapter shall have the following meanings. In the event of any conflict between these definitions and applicable definitions in federal law, the applicable provisions of federal law shall control over these definitions.
APPLICATION: A formal request, including all required and requested documentation and information, submitted by an applicant to the city for a wireless encroachment permit.
APPLICANT means a person filing an application for placement or modification of a wireless facility in the ROW.
BASE STATION shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision.
DIRECTOR means the city’s Director of Public Works or designee.
ELIGIBLE FACILITIES REQUEST shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(3), or any successor provision.
FCC: means the Federal Communications Commission or its lawful successor.
HEARING OFFICER means a person designated by the City Council to conduct hearings.
MUNICIPAL INFRASTRUCTURE means 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 or other poles, lighting fixtures, or electroliers located within the ROW.
PERMITTEE means any person or entity granted a wireless encroachment permit pursuant to this chapter.
PERSONAL WIRELESS SERVICES shall have the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i).
PERSONAL WIRELESS SERVICES FACILITY means a wireless facility used for the provision of personal wireless services.
PUBLIC RIGHT OF WAY (ROW) means any public street, alley, sidewalk, street island, median or parkway that is owned or granted by easement, operated, or controlled by the city.
SMALL CELL FACILITY: means (and is intended to be consistent with and declaratory of the definition of “small wireless facility” in 47 C.F.R. § 1.6002(l), or any successor provision), a personal wireless services facility that meets any of the following conditions:
(1) The facility:
(a) Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d); or
(b) Is mounted on an existing or proposed structure no more than 10 percent taller than other adjacent structures; or
(c) Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, 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. § 1.1320(d)), is no more than three 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 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. § 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. § 1.1307(b).
STRUCTURE: means an apparatus located in the ROW which is in any way attached to, constructed on, or built into the ground, either directly or indirectly. This term includes, without limitation, street lights, traffic signals, and utility poles, but it does not include towers.
SUPPORT STRUCTURE: Any structure capable of supporting a base station.
TOWER: Any apparatus built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including those 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.
UNDERGROUND AREAS: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the ROW; 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.
UTILITY POLE: A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.
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.
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 tower(s), support structure(s), and base station(s).
WIRELESS SERVICE PROVIDER: An entity that provides personal wireless services to end users.
WIRELESS INFRASTRUCTURE PROVIDER: A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.
WIRELESS REGULATIONS: Those regulations adopted by the City Council or Director implementing the provisions of this chapter.
(Ord. 1282, passed 5-1-19)