(a) Definitions. For the purposes of this section the following definitions shall apply:
(1) "Cable operator," "cable service," and "franchise" have the same meanings as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C.A. 522.
(2) "Public utility," means a wireless service provider as defined in division (A)(20) of section 4927.01 of the Ohio Revised Code or any company described in section 4905.03 of the Ohio Revised Code except in divisions (B) and (I) of that section, which company also is a public utility as defined in section 4905.02 of the Ohio Revised Code; and includes any electric supplier as defined in section 4933.81 of the Ohio Revised Code.
(3) "Small cell facility operator" or "operator" means 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 in division (V) of section 4939.01 of the Ohio 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.
(b) Underground Areas includes the following areas of the City of Springboro:
(1) All areas set forth in the map of the City attached here as Exhibit A;
(3) All areas designated in other sections of the Codified Ordinances of the City of Springboro; and
(4) All areas otherwise designated or required by the City of Springboro as authorized under Article XVIII, Section 3 and 8 of the Ohio Constitution and by its home rule powers set forth in Article III, Powers, of the City of Springboro.
(c) Within the Underground Areas described in (b), public utilities, cable operators, and operators are prohibited from installing structures and facilities in the rights-of-way. Public utilities, cable operators, and operators may seek a waiver of this prohibition for the placement of new structures or facilities if the public utility, cable operator, or operator is unable to achieve its service objective using a small cell facility under the following circumstances:
(1) From a location in the public way where the prohibition does not apply;
(2) In a utility easement the operator has the right to access; or
(3) In or on other suitable locations or structures made available by the municipal corporation at reasonable rates, fees, and terms.
(d) Notwithstanding the foregoing, this Section shall not apply to prohibit the replacement of wireless support structures or the collocation of small cell facilities on wireless support structures in the Underground Areas.
(e) Nothing herein shall prohibit:
(1) The temporary aboveground location of utility lines during construction or emergency conditions; or
(2) Renewal, re installation, relocation, replacement, repair or maintenance of above ground utilities existing as of the effective date of this Ordinance; and
(Ord. O-18-6. Passed 4-19-18.)