Definitions And Usage — General. For the purposes of this Chapter,
the following terms, phrases, words, and abbreviations shall have
the meanings given herein, unless otherwise expressly stated. When
not inconsistent with the context, words used in the present tense
include the future tense and vice versa, words in the plural number
include the singular number and vice versa, and masculine gender includes
the feminine gender and vice versa. The words "shall" and "will" are
mandatory, and "may" is permissive. Unless otherwise expressly stated
or contrary to the context, terms, phrases, words, and abbreviations
not defined herein shall be given the meaning set forth in Sections 67.5110
to 67.5121, RSMo., and if not defined therein, the City Code, and,
if not defined therein, their common and ordinary meaning. For further
convenience, the first letter of terms, phrases, words, and abbreviations
defined in this Chapter have been capitalized, but an inadvertent
failure to capitalize such letter shall not affect its meaning, nor
shall the inadvertent capitalization of the first letter of a term,
phrase, word, or abbreviation not defined herein affect the meaning
thereof.
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 such codes enacted to prevent physical property damage
or reasonably foreseeable injury to persons.
APPLICABLE LAW
State and Federal law and regulation applicable to the construction,
installation, deployment, or Collocation of Wireless Facilities and
Utility Poles, including those laws and regulations of general applicability
that do not apply exclusively to Wireless Facilities or Wireless Providers
such as local ordinances and State law relating to use of Right-of-Way.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
A request submitted by an applicant to the City for a permit
to collocate small wireless facilities on a utility pole or wireless
support structure, or to approve the installation, modification, or
replacement of a utility pole.
CITY UTILITY POLE
A utility pole, as defined below, owned, managed, or operated
by or on behalf of the City; except municipal electric utility distribution
poles or facilities.
COLLOCATE or COLLOCATION
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.
DECORATIVE POLE
A City Utility Pole that is specially designed and placed
for aesthetic purposes.
FEE
A one-time, non-recurring charge
HISTORIC DISTRICT
A group of buildings, properties, or sites that are either
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, or are otherwise
located in a district made subject to special designs standards adopted
by a local ordinance or under State law as of January 1, 2018, or
subsequently enacted for new developments.
MICRO WIRELESS FACILITY
A small wireless facility that meets the following qualifications:
1.
Is not larger in dimension than twenty-four (24) inches in length,
fifteen (15) inches in width, and twelve (12) inches in height; and,
2.
Any exterior antenna no longer than eleven (11) inches.
RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, or similar property used for public travel, but not
including a Federal interstate highway, railroad right-of-way, or
private easement.
SMALL WIRELESS FACILITY
A wireless facility that meets both of the following qualifications:
1.
Each wireless provider's antenna could fit within an enclose
of no more than six (6) cubic feet in volume; and
2.
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.
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, cut-off switch, and vertical cable
runs and related conduit for the connection of power and other services.
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SMALL WIRELESS FACILITY PERMIT
A written authorization from a designated City official required
by the City to collocate Small Wireless Facilities in or outside the
Right-of-Way, or to install, replace, maintain or operate a Utility
Pole inside the Right-of-Way for any purpose. [see note]
TECHNICALLY FEASIBLE
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.
UTILITY POLE
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 collection of small wireless facilities.
WIRELESS FACILITY
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:
1.
The structure or improvements on, under, or within which the
equipment is collocated;
2.
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
3.
Coaxial or fiber-optic cable not directly associated with a
particular small wireless facility; or
4.
A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER
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
service provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services using licensed or unlicensed spectrum, including
the use of Wi-Fi, whether at a fixed location or mobile, provided
to the public using wireless facilities.
WIRELESS SUPPORT STRUCTURE
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.
WIRELINE BACKHAUL FACILITY
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.