Definitions.
The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning or unless otherwise
more specifically defined in another Section of this Ordinance or
a Use Agreement:
APPLICABLE LAW
Any or all federal, state or municipal statutes, ordinances,
rules, regulations, standards, and other laws, that are now existing
or hereafter adopted or amended from time to time, which apply to
a Grantee, its Facilities, operations, Services, or System.
APPLICATION
The process by which an Applicant submits a request and indicates
a desire to be granted a Use Agreement to utilize the Rights-of-Way
of all, or a part, of the Borough. An Application includes all written
documentation, statements and representations, in whatever form, made
by an Applicant to the Borough concerning: the construction of Facilities
in the Rights-of-Way; the area proposed to be served within the Borough
by an Applicant; the portion of the Rights-of-Way proposed to be used
by an Applicant; and any other matter pertaining to proposed Facilities,
including a description of its Communications System and service intended
to be made available to subscribers or others and schedule of construction
and availability of Services as may be required by the to determine
whether or not an Applicant meets the terms and conditions established
by this Ordinance.
BOROUGH
The Municipality of State College, Pennsylvania and where
necessary for the purposes of the administration and enforcement of
this Ordinance or a Use Agreement shall include the Borough's delegated
authorities or representatives authorized to perform as contemplated.
BOROUGH MANAGER
The Borough Manager for the Borough, his designee, or such
other or additional individuals that the Borough Council may designate
to perform all or any of the duties or responsibilities of that position.
CABLE SYSTEM
A system as defined in accordance with Cable System Regulatory
Ordinance 1906.
COMMUNICATIONS FACILITIES or FACILITIES
Wires, cables, fibers, equipment facilities, Wireless Communications
Facilities and other component parts utilized to provide Wireline
Communications Services or Wireless Communications Services, but does
not include a franchised Cable System.
COMMUNICATIONS SERVICES
Wireline Communications Services and Wireless Communications
Services; other than services made available from a Cable System granted
a franchise by Borough pursuant to Cable System Regulatory Ordinance
1906 available to subscribers through a Communications System that
enable the provision of voice, video and data services.
COMMUNICATIONS SYSTEM
Any Communications Facilities used to provide Communications
Services and installed in or connected with the Rights-of-Way within
the corporate limits of the Borough, as now or in the future may exist.
CONFIDENTIAL INFORMATION
Any written, non-verbal, information or communication for
which there is sound legal basis to assert that such information or
communication is confidential or proprietary in nature and which has
been clearly and conspicuously marked as such by the party asserting
its proprietary or confidential status. The consideration flowing
to either party under a Use Agreement is not considered to be confidential
information.
CONSTRUCT or CONSTRUCTION
The act of excavating for, repairing, rehabilitating, maintaining,
installing, or removing communications facilities.
GRANTEE
A Person who has obtained a Use Agreement in accordance with
this Ordinance.
GROSS REVENUES
Any revenue received by a provider or a provider's affiliates,
from its provision of telecommunications to customers within the Borough
and not exempted in whole or in part by reason of applicable law that
may be considered as a source of revenue subject to a gross revenue
fee payment that may be charged by a local unit of government for
the occupancy of its rights-of-way.
LINEAR FEET or LINEAR FOOT
The length in feet of cable, wire, fiber, conduit, or other
linear facilities physically connected, wrapped, or lashed as a single
cable, conduit, or bundle of cables or conduit.
PERSON
Any corporation, partnership, proprietorship, individual,
organization, governmental entity or any natural person.
PUBLIC BUILDING
Any building or part thereof owned or leased or for the greater
part occupied by the Borough or other governmental unit for government
administrative purposes, but shall not include buildings owned by
the Borough and leased to third parties or buildings such as storage
facilities at which government employees are not regularly stationed.
RENEWAL
A new Use Agreement granted pursuant to this Ordinance to
a provider having a prior existing authorization from the Borough.
RIGHTS-OF-WAY
The surface of and the space above and below any public street,
public road, public highway, public freeway, public lane, public path,
public way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or Rights-of-Way
now or hereafter held by the Borough which shall, within its proper
use and meaning, entitle Grantee to the use thereof for the purpose
of installing or transmitting over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, attachments
and other property as may be ordinarily necessary and pertinent to
a Cable System.
ROW ORDINANCE
The Rights-of-Way Construction and Administration Ordinance of the Borough, Chapter
XVI, Part
C of this code, and administrative rules promulgated in accordance therewith, as such ordinance, including its administrative rules, may be superseded or amended from time to time.
SERVICES
Any of the services contemplated by this Ordinance to be
made available by a Grantee.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 2162, 6/21/2021; amended by Ord. No.
2168, 11/8/2021]
(1)
The structure on which antenna facilities are mounted:
(a)
Is 50 feet or less in height; or
(b)
Is no more than 10% taller than other adjacent structures; or
(c)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the co-location
of new antenna facilities; and
(2)
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
(3)
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
(4)
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
(5)
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
(6)
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
SUPPORT STRUCTURE
A structure designed and constructed and is capable of supporting
an antenna array or micro facility and may include a utility pole
or a monopole.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
TELECOMMUNICATIONS SERVICE
The offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public.
USE AGREEMENT
A grant or authorization from the Borough to construct, operate
and maintain Facilities in the Rights-of-Way to provide voice, video,
or data service, wired or wireless relating to any of the Systems,
technologies or Services as defined in this section of this Ordinance
or other Sections of this Ordinance, to provide Services to subscribers
in accordance with the requirements in such Use Agreement as approved
by the Borough and this Ordinance.
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Amended by Ord. No. 2162, 6/21/2021; Ord. No. 2168, 11/8/2021]
WIRELESS COMMUNICATIONS SERVICES
Communications Services made available to subscribers through
Wireless Communications Facilities including any FCC licensed or unlicensed
radio communications services, whether used for transmission or reception
of voice, video or data, including, wireless fidelity ("WiFi") and
personal wireless services as defined by the Telecommunications Act
of 1996. The term does not include broadcast radio or television services.