Within this chapter words with specific defined meanings are as follows:
   (a)   "Abandoned" means any small cell facilities or wireless support structures that are unused for a period of 365 days without the operator otherwise notifying the municipality and receiving the municipality's approval.
   (b)   "Agent" means a person that provides the municipality written authorization to work on behalf of a public utility.
   (c)   "Antenna" means communications equipment that transmits or receives radio frequency signals in the provision of wireless service.
   (d)   "Applicant" means any person that submits an application to the municipality to site, construct, place, collocate, modify, operate, and/or remove a small cell facility or wireless support structure in the Village of Yellow Springs.
   (e)   "Collocation" or "collocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure or utility pole.
   (f)   "Cable operator," "cable service," or "franchise" have the same meanings as in the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C. 522.
   (g)   "Decorative pole" means a pole, arch, or structure other than a street light pole placed in the right-of-way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
      (1)   Electric lighting;
      (2)   Specially designed informational or directional signage;
      (3)   Temporary holiday or special event attachments.
   (h)   "Enclosure" means a cabinet for equipment intended to conceal its contents, prevent electrical shock to users, and protect the contents from the environment.
   (i)   "Equipment" means electrical and/or mechanical devices or components.
   (j)   "Historic district" means a building, property, or site, or group of buildings, properties, or sites that are either of the following:
      (1)   Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;
      (2)   A registered historic district as defined in R.C. § 149.311.
   (k)   "Municipal electric utility" has the same meaning as in R.C. § 4928.01.
   (l)   "Ohio Manual of Uniform Traffic Control Devices" or "OMUTCD" means the uniform system of traffic control devices promulgated by the Department of Transportation pursuant to R.C. § 4511.09.
   (m)   "Occupy" or "use" means with respect to a right-of-way, to place a tangible thing in a 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.
   (n)   "Permittee" means a person issued a permit.
   (o)   "Person" means any natural person, corporation, or partnership and also includes any governmental entity.
   (p)   "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.
   (q)   "Public way fee" means a fee levied to recover the costs incurred by the municipality and associated with the occupancy or use of a right-of-way.
   (r)   "Right-of-way" or "public way" means the surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by a municipal corporation. "Right-of- way" excludes a private easement.
   (s)   "Small cell facility" means a wireless facility that meets both of the following requirements:
      (1)   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.
      (2)   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.
   (t)   "Small cell facility operator" or "operator" means a wireless service provider, or its designated agent, or cable operator, or its designated agent, that operates a small cell facility and provides wireless service as defined in division (T) of R.C. § 4939.01. For the purpose of this chapter, "operator" includes a wireless service provider or cable operator 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.
   (u)   "Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001 (b)(7), as may be amended, and as applicable to facilities in the public right-of-way, which defines that term as a collocation or modification that:
      (1)   Increases the overall height more than ten percent or ten feet (whichever is greater);
      (2)   Increases the width more than six feet from the edge of the wireless support structure;
      (3)   Involves the placement of any new enclosures on the ground when there are no existing ground-mounted enclosures;
      (4)   Involves the placement of any new ground-mounted enclosures that are ten percent larger in height or volume than any existing ground-mounted enclosures;
      (5)   Involves excavation or deployment of equipment outside the area in proximity to the installation and other wireless communications equipment already deployed on the ground;
      (6)   Would defeat the existing concealment elements of the wireless support structure as determined by the Village Manager or designee; or
      (7)   Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, enclosures or excavation that is inconsistent with the thresholds for a substantial change.
      Note: For clarity, the definition in this chapter includes only the definition of a substantial change as it applies to installations in the public right-of- way. The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted wireless support structure without regard to any increases in size due to wireless facilities not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012.
   (v)   "Utility easement" means an easement dedicated for the use of a Public Utilities Commission of Ohio regulated utility.
   (w)   "Utility pole" means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric distribution or telecommunications service. The term excludes street signs and decorative poles.
   (x)   "Wireless facility" means 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.
      (3)   The term includes small cell facilities.
      (4)   The term does not include any of the following:
         A.   The structure or improvements on, under, or within which the equipment is collocated;
         B.   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.
   (y)   "Wireless service" means any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
   (z)   "Wireless service provider" means a person who provides wireless service as defined in division (A)(20) of R.C. § 4927.01.
   (aa)   "Wireless support structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen foot or taller sign pole, or utility pole capable of supporting wireless small cell facilities. As used in R.C. § 4939.031 and this chapter, "wireless support structure" excludes all of the following:
      (1)   A utility pole or other facility owned or operated by a municipal electric utility;
      (2)   A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
   (bb)   "Work permit" or "work permit" means a permit issued by the municipality that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the 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 or improved surface that is part of the right-of-way. Also, a permit issued by the municipality that must be obtained in order to occupy the municipality's right-of-way.
(Ord. 2018-25. Passed 7-2-18.)