163.03 DEFINITIONS.
As used in this Chapter the following terms shall have the meanings set forth below:
(a) ABANDONED. Any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the City and receiving the City's approval.
(b) AFFILIATE. When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
(c) AGENT. A person that has and provides the City written authorization to work on behalf of another person regulated under this Chapter.
(d) ANTENNA. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
(e) APPLICANT. Any person that submits an application to the City to site, construct, install, collocate, modify, operate, replace, and/or remove a small cell facility or wireless support structure in the right-of-way according to the requirements of this Chapter.
(f) CABLE OPERATOR. Any person or group of persons:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(g) CABLE SERVICE.
(1) The one-way transmission to subscribers of video programming or other programming service, and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(h) CABLE FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. 522 Section 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
(i) CLEAR ZONE. The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes, as defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.
(j) COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
(k) DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
(1) Electric lighting;
(2) Specially designed informational or directional signage; and/or
(3) Temporary holiday or special event attachments.
(l) DESIGN GUIDELINES. Means those detailed design guidelines, specifications, and examples promulgated by the Director of Planning for the design and installation of small cell facilities and wireless support structures, which are effective insofar as they do not conflict with federal or state law, or this Chapter.
(m) ELIGIBLE FACILITIES REQUEST. Means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended, which defines that term as "any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving: (1) collocation of new small cell facilities; (2) removal of small cell facilities; or (3) replacement of small cell facilities."
(n) FRANCHISE AUTHORITY. See CABLE FRANCHISE.
(o) FCC. The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
(p) GENERAL REQUIREMENTS. Means those requirements established in this Chapter for the design, construction, and installation of small cell facilities and wireless support structures in the right-of-way, which are supplemented by Design Guidelines, and which are effective insofar as they do not conflict with state or federal law, including, without limitation, any applicable FCC rules and regulations.
(q) HISTORIC DISTRICT. Means a building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C; or
(2) A registered historic district as defined in Section 149.311 of the Ohio Revised Code.
(r) MICRO WIRELESS FACILITY. A small cell facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.
(s) OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES or OMUTCD. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation.
(t) OCCUPY OR USE. With respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
(u) OPERATOR. A wireless service provider, or its designated agent, or cable operator, or its designated agent, or a video service provider, or its designated agent, that owns, leases, and/or operates a small cell facility and provides wireless service as defined in division (V) of section 4939.01 of the Revised Code. For the purpose of this Chapter, "operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
(v) ORNAMENTAL POLE. A pole, arch, or structure, other than a street light pole, placed in the public way and specifically designed with decorative elements such as scrolls, balls, caps, and arms, and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
(1) Electric lighting;
(2) Specially designed informational or directional signage;
(3) Temporary holiday or special event attachments; and/or
(4) Traffic signals.
(w) PERSON. Any natural person, corporation, or partnership and also includes any governmental entity.
(x) PUBLIC UTILITY or UTILITY. Shall mean a "public utility" as defined in Chapter 4905 of the Ohio Revised Code. Wireless service providers shall be considered public utilities.
(y) RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, road, boulevard, highway, parkway, lane, path, bike path, way, alley, court, sidewalk, tree lawn, driveway or apron, and similar property that is held and dedicated by the City for the public use, as recognized and determined by the City, in its sole determination. RIGHT-OF-WAY shall not include private property or easements, or public property, including, but not limited to, City owned or leased land, including, but not limited to, such land used as bike paths, walkways, parks, driveways, parking lots, and any other land or ways not dedicated as right-of-way by the City.
(z) RIGHT-OF-WAY PERMIT-GENERAL. Shall mean a "Public Property Permit" issued by the City pursuant to Chapter 153 of the Codified Ordinances.
(aa) RIGHT-OF-WAY PERMIT-SMALL CELL. Shall mean a permit issued by the City under the provisions of this Chapter.
(bb) SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) 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 could fit within an enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include 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.
(cc) SUBSTANTIAL CHANGE: Has the same meaning as described in 47 U.S.C. §1.40001(b)(7). A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) It increases the height of the structure by more than 10% or more than ten feet, whichever is greater (changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops, and in other circumstances, changes in height should be measured from the dimensions of the wireless support structure, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act);
(2) It involves adding an appurtenance to the body of the wireless support structure that would protrude from the edge of the structure by more than six feet;
(3) It involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).
(dd) TOLLING or TOLL PERIOD. The pausing or delaying of the running of a required time period.
(ee) UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative and ornamental poles.
(ff) VIDEO SERVICE PROVIDER. A person granted a video service authorization under Sections 1332.21 to 1332.34 of the Ohio Revised Code, including a Video Service Provider regulated pursuant to Section 153.08 of the Codified Ordinances.
(gg) WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
A. Equipment associated with wireless communications; and
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(2) The term includes small cell facilities.
(3) The term does not include either of the following:
A. The structure or improvements on, under, or within which the equipment is collocated; or
B. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
(hh) WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(ii) WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined herein.
(jj) WIRELESS SUPPORT STRUCTURE. A pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways.
(kk) WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(Ord. 18-56. Enacted 7-23-18.)