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For the purposes of this article, the following terms shall
have the following meanings:
ANTENNA
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
APPLICABLE CODES
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes, including the National Electrical Safety
Code.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
A request submitted by an applicant to the Village for a
permit to co-locate small wireless facilities, and a request that
includes the installation of a new utility pole for such co-location,
as well as any applicable fee for the review of such application.
CO-LOCATE or CO-LOCATION
To install, mount, maintain, modify, operate, or replace
wireless facilities on or adjacent to a wireless support structure
or utility pole.
COMMUNICATIONS SERVICE
Cable service, as defined in 47 U.S.C. § 522(6),
as amended; information service, as defined in 47 U.S.C. § 153(24),
as amended; telecommunications service, as defined in 47 U.S.C. § 153(53),
as amended; mobile service, as defined in 47 U.S.C. § 153(53),
as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. § 522(5),
as amended; a provider of information service, as defined in 47 U.S.C.
§ 153(24), as amended; a telecommunications carrier, as
defined in 47 U.S.C. § 153(51), as amended; or a wireless
provider.
FCC
The Federal Communications Commission of the United States.
HISTORIC DISTRICT or HISTORIC LANDMARK
A building, property, or site, or group of buildings, properties,
or sites, that is either:
A.
Listed on 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 through Section
VI.D.1.a.v. of the Nationwide Programmatic Agreement codified at 47
CFR Part 1, Appendix C; or
B.
Designated as a locally landmarked building, property, site,
or historic district by an ordinance adopted by the Village pursuant
to a preservation program that meets the requirements of the Certified
Local Government Program of the Illinois State Historic Preservation
Office or where such certification of the preservation program by
the Illinois State Historic Preservation Office is pending.
LAW
A federal or state statute, common law, code, rule, regulation,
order, or local ordinance or resolution.
MICRO WIRELESS FACILITY
A small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and that has an exterior antenna, if any, no longer than 11 inches.
PERMIT
A written authorization required by the Village to perform
an action or initiate, continue, or complete a project.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization.
PUBLIC SAFETY AGENCY
The functional division of the federal government, the state,
a unit of local government, or a special-purpose district located
in whole or in part within this state, that provides or has authority
to provide firefighting, police, ambulance, medical, or other emergency
services to respond to and manage emergency incidents.
RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or utility easement dedicated for compatible
use. Right-of-way does not include Village-owned aerial lines.
SMALL WIRELESS FACILITY
A.
A wireless facility that meets both of the following qualifications:
1.
Each antenna is located inside an enclosure of no 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 imaginary enclosure of no more than six cubic feet; and
2.
All other wireless equipment attached directly to a utility
pole associated with the facility is cumulatively no more than 25
cubic feet in volume.
B.
The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cutoff switch, and vertical
cable runs for the connection of power and other services.
UTILITY POLE
A pole or similar structure that is used in whole or in part
by a communications service provider or for electric distribution,
lighting, traffic control, or a similar function.
WIRELESS FACILITY
A.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including:
1.
Equipment associated with wireless communications; and
2.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
B.
Wireless facility includes small wireless facilities.
C.
Wireless facility does not include:
1.
The structure or improvements on, under, or within which the
equipment is co-located; or
2.
Wireline backhaul facilities, coaxial or fiber-optic cable that
is between wireless support structures or utility poles, or coaxial
or fiber-optic cable that is otherwise not immediately adjacent to
or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER
Any person authorized to provide telecommunications service
in the state that builds or installs wireless communications transmission
equipment, wireless facilities, wireless support structures, or utility
poles and that is not a wireless services provider but is acting as
an agent or a contractor for a wireless services provider for the
application submitted to the Village.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services provided to the general public, including a
particular class of customers, and made available on a nondiscriminatory
basis using licensed or unlicensed spectrum, whether at a fixed location
or mobile, provided using wireless facilities.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a monopole; tower, either
guyed or self-supporting; billboard, or other existing or proposed
structure designed to support or capable of supporting wireless facilities.
Wireless support structure does not include a utility pole.
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The Circuit Court of Cook County shall have exclusive jurisdiction
to resolve all disputes arising under the Small Wireless Facilities
Deployment Act. Pending resolution of a dispute concerning rates for co-location
of small wireless facilities on municipal utility poles within the
right-of-way, the Village shall allow the co-locating person to co-locate
on its poles at annual rates of no more than $200 per year per municipal
utility pole, with rates to be determined upon final resolution of
the dispute.
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A wireless provider shall indemnify and hold the Village harmless
against any and all liability or loss from personal injury or property
damage resulting from or arising out of, in whole or in part, the
use or occupancy of the Village improvements or right-of-way associated
with such improvements by the wireless provider or its employees,
agents, or contractors arising out of the rights and privileges granted
under this article and the Act. A wireless provider has no obligation
to indemnify or hold harmless against any liabilities and losses as
may be due to or caused by the sole negligence of the Village or its
employees or agents. A wireless provider shall further waive any claims
that they may have against the Village with respect to consequential,
incidental, or special damages, however caused, based on the theory
of liability.