[R.O. 2012 §655.010; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
This Chapter shall be known as the Cable and Wireless Communications
Code.
[R.O. 2012 §655.020; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
The Cable and Wireless Communications Code establishes the basic
local regulatory scheme for all operators within the City, whether
operating with or without a franchise. Notwithstanding the provisions
of this Chapter, the City reserves the right to manage public rights-of-way
in accordance with the Telecommunications Act of 1996, 47 U.S.C. Section
253, subject to applicable law and the terms of a franchise agreement.
[R.O. 2012 §655.030; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
For the purpose of the Cable and Wireless Communications Code,
the following terms, phrases, words and their derivations shall have
the following meanings. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number.
The words "shall" and "will" are mandatory and "may" is permissive. Words not
defined in the Cable and Wireless Communications Code shall be given
their common and ordinary meaning.
The Communications Act of 1934, as amended by the Cable Communications
Policy Act of 1984, Public Law Number 98-549, the Cable Television
Consumer Protection and Competition Act of 1992, Public Law Number
102-385, the Telecommunications Act of 1996, Public Law Number 104-104,
as the same may be amended from time to time.
Any service other than cable service provided over a cable
communications system by an operator directly or as a carrier for
any other person, which may include by way of example but is not limited
to, burglar alarm, data or other electronic intelligence transmission,
voice transmission, facsimile reproduction and interactive service.
When used in relation to an operator, means another person
which directly or indirectly owns or controls, is owned or controlled
by, or is under common ownership or common control with the operator,
or an operator's principal partners, shareholders, or owners of some
other ownership interest; and when used in relation to the City, means
any agency, board, authority, or political subdivision of the City.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Any tier of cable service which includes the retransmission
of local television broadcast signals, or such other definition as
may be adopted by Federal law.
This Chapter.
Any facility consisting of coaxial cable, optical fiber,
or other transmission lines or forms of transmission, and associated
equipment and devices, the primary function of which is to provide
cable service and/or additional service in the City to subscribers
by receiving, through any means, including, without limitation, coaxial
cable, optical fiber, antenna, or satellite or microwave transmission,
and distributing video, audio, voice, or data signals, whether originating
within the City or elsewhere.
The one-way transmission to subscribers of video programming
or other programming services, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming services.
A frequency band which is capable of carrying either one
(1) standard video signal, a number of audio, digital or other non-video
signals, or some combination of such signals.
The City of Excelsior Springs, Missouri, and all of the territory
within its present and future boundaries.
The City Council of the City, or any succeeding elected Governing
Board of the City.
To install, mount, maintain, modify, operate, or replace
small wireless facilities on or immediately adjacent to a wireless
support structure or utility pole, provided that the small wireless
facility antenna is located on the wireless support structure or utility
pole.
The set of equipment and network components, including wires,
cables, and associated facilities used by a cable operator, as defined
in 47 U.S.C. Section 522(5); a telecommunications carrier, as defined
in 47 U.S.C. Section 153(51); a provider of information service, as
defined in 47 U.S.C. Section 153(24); or a wireless services provider;
to provide communications services, including cable service, as defined
in 4 7 U.S.C. Section 522(6); telecommunications service, as defined
in 47 U.S.C. Section 153(53); an information service, as defined in
47 U.S.C. Section 153(24); wireless communications service; or other
one-way or two-way communications service.
A cable operator, as defined in 47 U.S.C. Section 522(5);
a provider of information service, as defined in 47 U.S.C. Section
153(24); a telecommunications carrier, as defined in 47 U.S.C. Section
153(51); or a wireless provider.
The cable that connects the antenna terminal on a subscriber's
radio or television set, computer terminal, or other terminal to the
nearest feeder cable of the cable communications system.
The Federal Communications Commission or any successor Federal
Government agency.
The rights and obligations extended by the City to an operator
to own, construct, maintain and operate its system within the public
property and boundaries of the City to serve subscribers.
The City Manager of the City or a designee who shall receive
inquiries from an operator's subscribers and the general public concerning
an operator's performance, coordinate the resolution of disputes between
an operator, its subscribers and the general public, and act as the
City contact for an operator regarding cable and wireless communications
service matters within the City.
The contract between the City and an operator under which
the City grants a franchise to that operator.
All amounts received by or on behalf of an operator from,
or in connection with or related to its use of any public property
including but not limited to the operation of its system, including,
but not limited to, basic service fees, tier service fees, premium
service fees, additional service fees, payments received from programmers
or other entities for carriage of programming or other services to
subscribers, advertising revenues as described below, and all other
income derived from or by reason of the operation and/or use of the
system in the public property. For purposes of this definition, an
operator shall include affiliates. "Gross revenues" do not include: Receipts from any other business endeavor for which
an operator is paying an occupational license fee or charge and which
business in no way uses the system or the public property; studio
rental; production equipment rental; personal fees; penalties charged
for late payment; sales taxes or franchise fees collected; the revenue
of any person other than operator, including, without limitation,
a supplier of programming to an operator to the extent the revenue
is also included in gross revenue of the operator; or revenue for
any goods or services which are not provided over the system even
if such goods and services are advertised and/or ordered using the
system. In the event an operator receives any revenue from disseminating
advertisements or carrying programming or other services on the system
outside the City, "gross revenues" shall include
an amount derived by multiplying the revenue with respect to such
advertisements, programming or other services by a fraction, the numerator
of which is the number of subscribers in the City reached by the advertisement,
programming or other service and the denominator of which is the total
number of subscribers reached by the advertisement, programming or
other service.
A small wireless facility that meets the following qualifications:
Any person operating a cable communications system, a telecommunication
carrier, a provider of information services, or a wireless provider.
Any individual, corporation, partnership, proprietorship,
organization, group or other entity.
Any cable service delivered on a per-channel or per-program
basis.
Any real property, easement, right-of-way, or other interest
in real estate, including a street, now or hereafter owned or controlled
by the City.
Any individual residing in the City.
Each home, house, building, or other structure that normally
accommodates the living quarters of one (1) family, and each apartment,
condominium, or co-operative unit that normally accommodates the living
quarters of one (1) family in any multiple-unit building or complex
of multiple-unit buildings; provided however, that if an operator
has not obtained, pursuant to a reasonable standard access agreement
utilized by an operator that does not require the operator to pay
any owner or association of owners for access, the permission or authority
required by any owner or association of owners to extend its facilities
to individual apartments, condominiums, and co-operative units within
the interior of such multiple-unit buildings or complexes of multiple-unit
buildings, then any such multiple-unit building or complex of multiple-unit
buildings shall be considered a single residential dwelling unit.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an enclosure
of no more than six (6) cubic feet in volume; and
All other equipment associated with the wireless facility, whether
ground or pole mounted, is cumulatively no more than twenty-eight
(28) cubic feet in volume, provided that no single piece of equipment
on the utility pole shall exceed nine (9) cubic feet in volume; and
no single piece of ground mounted equipment shall exceed fifteen (15)
cubic feet in volume, exclusive of equipment required by an electric
utility or municipal electric utility to power the small wireless
facility.
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The following types of associated ancillary equipment shall
not be included in the calculation of equipment volume: electric meter,
concealment elements, telecommunications demarcation box, grounding
equipment, power transfer switch, cutoff switch, and vertical cable
runs and related conduit for the connection of power and other services.
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The surface of, and the space above and below, any public
street, road, highway, freeway, lane, path, public way, alley, court,
sidewalk, boulevard, parkway, drive, avenue, or bridge now or hereafter
owned or controlled by the City.
Any person who subscribes to a service provided by an operator,
by means of or in connection with its system, and pays a fee unless
such fee is lawfully waived.
The communications facility operated by an operator in the
City.
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.
Any tier of cable service delivered over a cable communications
system to subscribers other than basic service or premium service.
A pole or similar structure that is or may be used in whole
or in part by or for wireline communications, electric distribution,
lighting, traffic control, signage, or a similar function, or for
the collocation of small wireless facilities; provided, however, such
term shall not include wireless support structures, electric transmission
structures, or breakaway poles owned by the State Highways and Transportation
Commission.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment
associated with wireless communications and radio transceivers, antennas,
coaxial or fiber-optic cable, 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;
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
Coaxial or fiber-optic cable not directly associated with a
particular small wireless facility; or
A wireline backhaul facility.
Any person, including a person authorized to provide telecommunications
service in the State, that builds or installs wireless communication
transmission equipment or wireless facilities but that is not a wireless
services provider.
A wireless infrastructure provider or a wireless services
provider.
Any services using licensed or unlicensed spectrum, including
the use of wifi, whether at a fixed location or mobile, provided to
the public using wireless facilities.
A person who provides wireless services.
An existing structure, such as a monopole or tower, whether
guyed or self-supporting, designed to support or capable of supporting
wireless facilities; an existing or proposed billboard; an existing
or proposed building; or other existing or proposed structure capable
of supporting wireless facilities, other than a structure designed
solely for the collocation of small wireless facilities. Such term
shall not include a utility pole.
A physical transmission path, all or part of which is within
the right-of-way, used for the transport of communication data by
wire from a wireless facility to a network.
