For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. An entity that directly or indirectly controls, is controlled by, or is under common control with another party.
ANTENNA. Communications equipment that transmits or receives an electromagnetic radio frequency signal in the provision of wireless service.
ANTENNA EQUIPMENT. Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collocated on a structure is mounted or installed at the same time as the antenna. ANTENNA EQUIPMENT does not include:
(1) The structure or improvements on, under, or within which the equipment is collocated; or
(2) Wireline backhaul facilities, coaxial or fiber optic cable that is between structures, or coaxial or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
ANTENNA FACILITY. An antenna and associated antenna equipment.
APPLICABLE CODES. Uniform electrical reliability, building, fire, electrical, plumbing, or mechanical codes, as adopted by a recognized national code organization, or local amendments to the codes that are of general application, or local ordinances that are of general application, that address public health, safety, or welfare and are consistent with this chapter.
APPLICANT. A person who submits an application as or on behalf of a wireless provider.
APPLICATION. A request submitted by an applicant to an authority for a permit:
(1) To collocate small wireless facilities; or
(2) To install, modify, or replace a pole on which a small wireless facility is or will be collocated, in the right-of-way.
AUTHORITY. The city.
AUTHORITY POLE. A pole owned, managed, or operated by or on behalf of an authority.
COLLOCATE or COLLOCATE ON. The placement, mounting, replacement, or modification of a small wireless facility on, or of ground-mounted antenna equipment adjacent to, a structure. COLLOCATE or COLLOCATE ON includes collocated ground-mounted antenna equipment as a small wireless facility if it meets the requirements of A.C. § 23-17-503(25)(A)(iii)-(vi) and the associated facilities on the adjacent structure meet the requirements of A.C. § 23-17-503(25)(i)-(vi).
COLLOCATION. Placing an antenna on any existing structure, regardless of whether that structure already has wireless equipment on it, or whether it has been zoned for placing that equipment.
COMMUNICATIONS SERVICE.
(1) A cable service, as defined in 47 U.S.C. § 522(6), as it existed on January 1, 2019;
(2) A telecommunications service, as defined in 47 U.S.C. § 153(53), as it existed on January 1, 2019;
(3) An information service, as defined in 47 U.S.C. § 153(24), as it existed on January 1, 2019; or
(4) Wireless service.
COMMUNICATIONS SERVICE PROVIDER.
(1) A cable operator, as defined in 47 U.S.C. § 522(5), as it existed on January 1, 2019;
(2) A provider of information service, as defined in 47 U.S.C. § 153(24), as it existed on January 1, 2019;
(3) A telecommunications carrier, as defined in 47 U.S.C. § 153(51); or
(4) A wireless provider.
CONTROL. The direct or indirect:
(1) Ownership of at least 50% of the equity;
(2) Ability to direct at least 50% of voting power; or
(3) Ability otherwise to direct management policies.
CONTROLLED-ACCESS FACILITY. A highway or street described in A.C. § 27-68102.
DAY. Calendar day unless there is a time frame for the city to respond to a request and the last day to respond ends on a weekend, holiday, or time when all but city emergency services are closed due to weather or some unforeseen situation.
DECORATIVE POLE. An authority pole that is specifically designed and placed for aesthetic purposes and on which limited appurtenances or attachments, such as a small wireless facility, lighting, specially designed informational or directional signage, or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory city rules or codes.
FACILITY. An antenna facility or a structure that is used for the provision of wireless service.
FEE. A one-time, non-recurring charge.
HISTORIC DISTRICT. A group of buildings, properties, or sites that are either:
(1) Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register of Historic Places, according to § VI.D.l.a.i-v of the Nationwide Programmatic Agreement Regarding the § 106 National Historic Preservation Act Review Process, 47 C.F.R. Part 1, Appendix C, as it existed on January 1, 2019;
(2) A historic district designated under the Historic Districts Act, § 14-172-201 et seq.; or
(3) A historic district otherwise designated under a local ordinance as of January 1, 2019.
MICRO-WIRELESS FACILITY. A wireless facility that:
(1) Is not larger in dimension than 24 inches in length,15 inches in width, and 12 inches in height;
(2) Has an exterior antenna that is no longer than 11 inches; and
(3) Is not placed any farther than ten feet down the span as measured from the side of the pole.
PERMIT. An authorization, written or otherwise, required by an authority to perform an action or initiate, continue, or complete a project for the deployment of wireless service at a specified location.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, authority, or other entity or organization.
POLE. A pole in a right-of-way that may be used by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for collocation of small wireless facilities. POLE does not include a wireless support structure or an electric transmission structure.
RATE. A recurring charge.
RIGHT-OF-WAY. An area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley, or similar property. Such areas are formally owned by the city or used as prescriptive easements. RIGHT-OF-WAY does not include a federal interstate highway, controlled-access facility, or a public utility easement that does not authorize the deployment sought by the wireless provider.
SMALL WIRELESS FACILITY. A wireless facility that meets all of the following specifications:
(1) The facility:
(a) Is mounted on a structure 50 feet or less in height, including the antennas;
(b) Is mounted on a structure no more than 10% 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%, whichever is greater.
(2) Each antenna associated with the deployment, excluding associated antenna equipment, 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 preexisting 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, as it existed on January 1, 2019;
(5) The facility is not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as it existed on January 1, 2019; and
(6) The facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as it existed on January 1, 2019.
SMALL WIRELESS FACILITY. Does not include:
(1) The structure or improvements on, under, or within which the equipment is located or collocated or to which the equipment is attached; and
(2) Any wireline backhaul facility or 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.
STRUCTURE. A pole or wireless support structure, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service.
TECHNICALLY FEASIBLE. By virtue of engineering or spectrum usage the proposed placement for a small wireless facility, or its design, concealment measures, or site location, can be implemented without a material reduction in the functionality of the small wireless facility.
UTILITY POLE. A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control signage, or a similar function regardless of ownership. Such term shall not include structures supporting only wireless facilities.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communication network, including:
(1) Equipment associated with wireless communications;
(2) Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated, wireline backhaul facilities, coaxial or fiber optic cables that are between wireless support structures or utility poles or coaxial or fiber optic cables that are otherwise not immediately adjacent to, or directly associated with, an antenna.
WIRELESS INFRASTRUCTURE PROVIDER. A person or an affiliate thereof, including a person authorized to provide communications service in the state, that builds or installs facilities for the provision of wireless service, but that is not a wireless service provider.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.
WIRELESS SERVICE. Any service using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
WIRELESS SERVICE PROVIDER. A person who provides wireless service.
WIRELESS SUPPORT STRUCTURE.
(1) A structure, including:
(a) A monopole;
(b) A tower, either guyed or self-supporting;
(c) A billboard;
(d) A building; or
(e) Any other existing or proposed structure designed to support or that is capable of supporting small wireless facilities, other than a structure designed solely for the collocation of small wireless facilities.
(2) WIRELESS SUPPORT STRUCTURE does not include a pole.
WIRELINE BACKHAUL FACILITY. An aboveground or underground facility used to transport communications services from a wireless facility to a network.
(Ord. 2019-08-856, passed 8-20-19)