For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The purpose of these definitions is to promote consistency and precision in the interpretation of this Article. The meanings and construction of words as set forth shall apply throughout this Article, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.
ACTION or TO ACT. The City's grant of an application or issuance of a written decision denying an application.
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
APPLICABLE CODES. Any uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with federal or state law and to the extent such codes have been adopted by the City and are generally applicable in the City.
APPLICANT. Any person who submits an application and is a wireless provider.
APPLICATION. A written request submitted by an applicant to the City:
(1) For a permit to collocate small wireless facilities on an existing utility pole or support structure; or
(2) For a permit for approval for the installation, modification, or replacement of a utility pole or support structure to support the installation of a small wireless facility.
AUTHORIZATION. Any approval that the City must issue under this Article and applicable codes prior to the deployment of a small wireless facility, along with any associated antenna equipment and support structure, including, but not limited to, zoning approval, building permit, and permit under this Article.
CANTENNA. A cylindrical shaped antenna.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a support structure or utility pole. "Collocate" or "collocation" does not include the installation of a new utility pole or new support structure in the right-of-way.
COMMUNICATIONS FACILITY. Any set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.
COMMUNICATIONS NETWORK. A network used to provide communications service.
COMMUNICATIONS SERVICE. A cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, or a wireless service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service provider includes a wireless provider.
DECORATIVE POLE. A utility pole that is owned, managed, or operated by or on behalf of the City, and which is specially designed and placed for aesthetic purposes.
DEPLOYMENT. Placement, construction, or modification of a small wireless facility.
FCC. The Federal Communications Commission.
FEE. A one-time, nonrecurring charge, to be collected upon application.
HISTORIC DISTRICT. Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i) - (v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. Part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.
LAW. Any federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MAKE-READY WORK. All work, as reasonably determined by the City, required to accommodate a small wireless facility on a utility pole, and to comply with all the City's applicable codes. Such work includes, but is not limited to, modification or replacement of utility poles or lines, installation of guys and anchors, rearrangement of existing equipment, inspections, reasonable consultant fees or expenses, permitting work, design, planning, construction, materials, cost of removal (less any salvage value), tree trimming (other than tree trimming performed for normal maintenance purposes), facility construction, or conduit system clearing, but does not include ordinary maintenance.
MICROWIRELESS FACILITY. Any small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and with any exterior antenna no longer than eleven (11) inches.
ORDINARY MAINTENANCE AND REPAIR. Inspections, testings and/or repairs that maintain the functional capacity, aesthetic and structural integrity of a facility.
PERMIT. A written authorization, in electronic or hard copy format required by the City to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or an existing support structure, or to install, modify, or replace a utility pole or support structure to support installation of a small wireless facility.
PERMITTEE. An applicant that has received a permit under this Article, and its successors and assignees.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or any other entity or organization.
PUBLIC POWER SUPPLIER. A public power district or any other governmental entity providing electric service. Public power supplier includes a municipal electric utility or a rural public power supplier.
RATE. A recurring charge, collected on a regular basis such as annually.
REPLACE or REPLACEMENT. In connection with an existing utility pole or support structure, to replace (or the replacement of) the same with a new pole or structure in conformance with this Article and any other applicable codes, in order to address limitations of the existing pole or structure to structurally support collocation of a small wireless facility.
RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in §39-1302, the National System of Interstate and Defense Highways, or a private easement.
RURAL PUBLIC POWER SUPPLIER. A public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any City of the metropolitan class, City of the primary class, or City of the first class.
SHOT CLOCK. The period of time in which the City is required to act on an application.
SIGHT TRIANGLE ZONE. An area at a street intersection (or street and railroad) in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of thirty (30) inches and eight (8) feet above grade level within the triangular area formed by the intersection of the nearest edges of the street paving or surface as extended and a line connecting points along such street paving or surface which is a distance of seventy-five (75) feet from the intersection of said streets.
SMALL WIRELESS FACILITY. Any wireless facility that meets each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty (50) feet or less in height including the antennas; or
(b) Are mounted on structures no more than ten percent (10%) taller than other adjacent structures;
(2) Each antenna associated with the deployment is no more than three (3) cubic feet in volume;
(3) All other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than twenty-eight (28) cubic feet in volume;
(4) The facilities do not require antenna structure registration under 47 C.F.R. Part 17, as such regulation existed on January 1, 2019;
(5) The facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and
(6) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.
SUPPORT STRUCTURE. Any structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. "Support structure" does not include a utility pole.
TECHNICALLY FEASIBLE. By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility.
UTILITY POLE or POLE. A pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. "Utility pole" does not include:
(1) Support structures;
(2) Any transmission infrastructure owned or operated by a public power supplier or rural public power supplier; or
(3) Any distribution or communications infrastructure owned or operated by a rural public power supplier.
WIRELESS FACILITY. (1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(a) Equipment associated with wireless communications; and
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of technological configuration.
(2) "Wireless facility" includes small wireless facilities.
(3) "Wireless facility" does not include:
(a) The structure or improvements on, under, or within the equipment which is collocated;
(b) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna; or
(c) A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or support structures, but that is not a wireless services provider.
WIRELESS PROVIDER. A wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider.
WIRELESS SERVICES. Any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELINE BACKHAUL FACILITY. An above-ground or underground facility used to transport communications services from a wireless facility to a communications network. (Ord. No. 1067, 6/1/21)