[Adopted 1-7-2019 by Ord.
No. 2018-17]
For the purpose of this article, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
CO-LOCATION
To install, mount, maintain, modify, operate, or replace
wireless facilities on a pole, including an Authority pole, or on
a building, water tower or other structure, including an Authority
structure.
EXISTING STRUCTURE
Any structure within a public way that is installed or approved
for installation at the time a wireless services provider or wireless
infrastructure provider provides notice to the Town of an agreement
with the owner of the structure to co-locate equipment on that structure.
"Existing structure" includes any structure within a public way that
is currently supporting, designed to support, or capable of supporting
the attachment of wireless facilities, including towers, buildings,
utility poles, light poles, flagpoles, signs, and water towers.
MAINTENANCE
Any effort or expenditure taken or made to preserve, repair,
or improve existing wireless facilities or infrastructure in accordance
with generally accepted industry standards.
MICRO-WIRELESS FACILITY
A small cell 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, not longer than 11 inches.
OVERHEAD FACILITIES
Utility poles, public utility facilities and wireless facilities
located above the surface of the ground, including the underground
supports and foundations for such facilities.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including an
authority.
PUBLIC STREET
The surface of and the space above and below any public street,
road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other
public right-of-way, including nonpaved surfaces, now or hereafter
held by the Town for the purpose of public travel, communications,
alarm, streetlighting, power distribution, water or sewer easements
or similar public use.
PUBLIC WAY
Includes all public streets now or hereafter held or controlled
by the Town, but only to the extent of the Town's right, title,
interest or authority to grant a license to occupy and use such streets
and easements for communications facilities.
REPLACEMENT UTILITY POLE
A new utility pole installed by an agreement between a grantee
and the owner of an existing utility pole pursuant to which the grantee
removes the existing pole and replaces it with the new pole in substantially
the same location, with the ownership of the new pole vesting in the
owner of the existing pole.
SMALL CELL FACILITY
A wireless facility with an antenna of no more than six cubic
feet in volume and associated equipment with a cumulative volume no
larger than 28 cubic feet. The following types of associated equipment
may be located outside the primary enclosure and are not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, backup
power system, grounding equipment, power transfer switch, cut-off
switch, and cable and conduit run for the connection of power and
other services. Equipment that is concealed from public view within
or behind an existing structure or concealment is not included in
the volume calculations.
STATE
The State of Rhode Island.
TOWN FACILITIES
Town-owned existing structures located within the public
way. Town facilities may include, by means of example, Town-owned
light poles and Town-owned traffic signal poles and structures.
TOWN PROPERTY
Includes all real property owned by the Town, other than
public streets and utility easements, as those terms are defined herein,
and all property held in a proprietary capacity by the Town, which
is not subject to right-of-way franchising as provided by law. Town
property includes, but is not limited to, Town facilities.
UNDERGROUND FACILITIES
Utility or wireless facilities located under the surface
of the ground, excluding the underground foundations or supports for
overhead facilities.
UTILITY POLE
A structure owned, operated, or owned and operated by a public
utility, local government, or the state, that is designed specifically
for and used to carry lines, cables, or wires for communications,
cable television, or electricity.
WIRELESS FACILITIES FRANCHISE
Any nonexclusive, revocable license granted to a person to
use the public ways of the Town for the purposes of constructing,
installing, using, maintaining testing, inspecting, operating, repairing,
and removing wireless facilities.
WIRELESS FACILITY OR FACILITIES
A.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including, but
not limited to:
(1)
Equipment associated with wireless services such as private,
broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul; and
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
B.
The term "wireless facilities" includes small wireless facilities
but does not include the structure or improvements on, under or within
which the equipment is co-located; wireline backhaul facilities; coaxial
or fiber-optic cable that is between wireless support structures or
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, including a person authorized to provide communications
service in the state, that builds or installs transmission equipment,
wireless facilities, or wireless support structures, but that is not
a wireless services provider.
WIRELESS SERVICES
A.
"Personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i);
B.
"Personal wireless service facilities" as defined in 47 U.S.C.
§ 332(c)(7)(C)(ii), including commercial mobile services
as defined in 47 U.S.C. § 332(d), provided to personal mobile
communication devices through wireless facilities; and
C.
Any other fixed or mobile wireless service, using licensed or
unlicensed spectrum, provided using wireless facilities.
WIRELESS SERVICES PROVIDER
A person who provides wireless service as well as a person
who builds, installs, or maintains wireless communications transmission
equipment, wireless facilities or wireless support structures.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a pole, monopole, tower,
either guyed or self-supporting, or suitable existing structure or
alternative structure designed to support or capable of supporting
wireless facilities. "Wireless support structure" does not include
any telephone or electrical utility pole or any tower used for the
distribution or transmission of electrical service.