(a) General use of terms.
(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(4) The words "shall" and "will" are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(b) Defined terms.
(1) “Abandoned.” Small cell facilities or wireless support structures that are unused for a period of 365 days without the operator otherwise notifying the City and receiving the City's approval.
(2) “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.
(3) “Agent.” A person that provides the City written authorization to work on behalf of a public utility.
(4) “Antenna.” Any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals, or other communication signals.
(5) “Applicant.” Any person that submits an application to the City to site, install, construct, collocate, modify, and/or operate a small cell facility or wireless support structure in the right-of-way according to the requirements of this chapter.
(6) “Cable operator.” Any person or group of persons:
A. 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
B. Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(7) “Cable service.”
A. The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and
B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
(8) “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.
(9) “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.
(10) “Collocation or collocate.” To install, mount, maintain, modify, operate, or replace small cell facilities on an existing publicly-owned wireless support structure.
(11) “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:
A. Electric lighting;
B. Specially designed informational or directional signage;
C. Temporary holiday or special event attachments.
(12) “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:
A. Collocation of new small cell facilities;
B. Removal of small cell facilities; or
C. Replacement of small cell facilities.
(13) “Franchise authority.” See “cable franchise”.
(14) “FCC.” The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
(15) “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.
(16) “Ohio Manual of Uniform Traffic Control Devices or OMUTCD.” The uniform system of traffic control devices promulgated by the Ohio Department of Transportation.
(17) “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.
(18) “Person.” Any individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
(19) “Public utility or utility.” A facilities-based provider of wireless service to one or more end users in this State, or any company described in R.C. § 4905.03 and as further defined in R.C. § 4905.02, including but not limited to the following types of companies: telephone, electric light, gas, natural gas, pipe-lines, water-works, and sewage disposal systems.
(20) “Right-of-way occupancy fee.” A fee levied to recover the costs incurred by the City and associated with the occupancy or use of right-of-way.
(21) “Right-of-way.” The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bikepath, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the City which shall, within its proper use and meaning in the sole opinion of the Mayor, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. “Right-of-way” shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation.
(22) “Right-of-way permit, non-residential.” A permit issued by the City as required that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved, improved, or unimproved surface that is part of the right-of-way.
(23) “Right-of-way permit, small cell.” A small cell facility or wireless support structure right-of-way occupancy permit as further defined in Section 1335.04.
(24) “Small cell design guidelines.” Those detailed design guidelines, specifications and examples promulgated by the Mayor for the design and installation of small cell facilities and wireless support structures in the right-of-way, which are effective insofar as they do not conflict with Federal and State law, rule and regulations.
(25) “Small cell 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 could fit within an enclosure of not more than six cubic feet in volume.
B. 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.
(26) “Small cell facility operator or 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 operates a small cell facility and provides wireless service as defined herein. 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.
(27) “Substantial change or modification.” A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
A. It increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;
1. 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; 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.
B. 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;
C. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for wireless support structures in the public rights-of-way, 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 ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
D. It entails any excavation or deployment outside the current site;
E. It would defeat the concealment elements of the eligible support structure; or
F. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, 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 divisions A. through D. of this definition.
(28) “Tolling or toll period.” The pausing or delaying of the running of a required time period.
(29) “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 poles.
(30) “Video service provider.” A person granted a video service authorization under R.C. §§ 1332.21 to 1332.34.
(31) “Wireless facility.”
A. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
1. Equipment associated with wireless communications;
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
B. The term includes small cell facilities.
C. The term does not include any of the following:
1. The structure or improvements on, under, or within which the equipment is collocated;
2. 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.
(32) “Wireless service.” Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
(33) “Wireless service provider.” A person who provides wireless service as defined herein.
(34) “Wireless support structure.” A pole, street light 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, trams, streetcars, and trolleybuses.
(35) “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. 12-18. Passed 7-23-18.)