(a) For 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. 522.
(2) "Public utility" means a wireless service provider as defined in division (A)(20) of R.C. § 4927.01 or any company described in R.C. § 4905.03 except in divisions (B) and (I) of that section, which company also is a public utility as defined in R.C. § 4905.02; and includes any electric supplier as defined in R.C. § 4933.81.
(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 R.C. § 4939.01. 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.
(4) "Underground areas" includes the following areas of the Village of Yellow Springs:
A. All highlighted areas set forth in the map of the Village attached to Ordinance 2018-13 as Exhibit B:
B. All new development areas;
C. All rights-of-way created, established, or designated after enactment of this section;
D. All areas designated in other sections of the Codified Ordinances of Yellow Springs; and
E. All areas otherwise designated or required by the Village as authorized by its home rule powers Village set forth in Article I, Section 3 of the Village of Yellow Springs Charter.
(b) Within the underground areas, 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.
(c) Notwithstanding the foregoing, this section shall not apply to prohibit the replacement of wireless support structures or the collocation of small cell facilities o wireless support structures in the underground areas.
(Ord. 2018-13. Passed 4-2-18.)