[Adopted 11-18-2019 by Ord. No. 6451]
For purposes of this article, the following words and phrases
shall have the following meanings:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure, including, but not
limited to, utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
ALLEY
A dedicated right-of-way, other than a street, that affords
a secondary means of access to abutting property.
ANTENNA
Communications equipment that transmits or receives radio
electromagnetic signals in the provision of wireless service.
APPLICATION
A request submitted to the City for:
A.
The construction of a new wireless support structure or new
wireless facility;
B.
The substantial modification of a wireless support structure
or wireless facility; or
C.
Co-location of a wireless facility or replacement of a wireless
facility.
CANTENNA
A structural, weatherproof enclosure that protects an antenna.
The cantenna is constructed of material that minimally attenuates
the electromagnetic signal transmitted or received by the antenna.
Cantennas protect antenna surfaces from weather and/or conceal antenna
accessory equipment from public view.
CITY
The City of Parsons, Kansas.
CO-LOCATION; CO-LOCATE
The mounting or installation of wireless facilities on a
building, structure, wireless support structure, tower, utility pole,
base station or existing structure for the purposes of transmitting
or receiving radio frequency signals for communication purposes.
ENCLOSURE
A cabinet, box, or shroud for antennas or accessory equipment,
intended to conceal its contents, prevent electrical shock to users,
and protect the contents from the environment.
FACILITY or FACILITIES
Any portion or component of the network located in, along,
over, upon, under, or through the public right-of-way.
NETWORK
A wireless service provider's wireless facilities or
small cell facilities, including the antenna, poles, accessory equipment,
enclosures, wireless support structures, underground and aboveground
fiber-optic cable, wires, lines, fiber enclosures, fiber repeaters
and related equipment and appurtenances, and similar facilities and
appurtenances, designed, constructed or occupied for the purpose of
producing, receiving, amplifying or distributing wireless services
to or from locations within the City.
RIGHT-OF-WAY
Only the area of real property in which the City has a dedicated
or acquired right-of-way interest in the real property. It shall include
the area on, below or above the present and future streets, alleys,
avenues, roads, highways, parkways or boulevards dedicated or acquired
as right-of-way. The term does not include any state, federal or interstate
highway right-of-way, which generally includes the area that runs
contiguous to, parallel with, and is generally equidistant from the
center of that portion of the highway improved, designed or ordinarily
used for public travel.
SMALL CELL FACILITY
A wireless facility that meets both of the following qualifications:
A.
Each antenna is located inside an enclosure of not 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 not more than six cubic feet; and
B.
Primary equipment enclosures that are no larger than 17 cubic
feet in volume, or facilities comprised of such higher limits as the
Federal Communications Commission has excluded from review pursuant
to 54 U.S.C. § 306108. Associated equipment may be located
outside the primary equipment, and if so located, is not to be included
in the calculation of equipment volume. Associated equipment includes,
but is not limited to, any electric meter, concealment, telecommunications
demarcation box, ground-based enclosures, backup power systems, grounding
equipment, power transfer switch, cut-off switch and vertical cable
runs for the connection of power and other services.
SMALL CELL NETWORK
A collection of interrelated small cell facilities designed
to deliver wireless service.
STREET
A public thoroughfare used, or intended to be used, for passage
or travel by motor vehicles.
SUBSTANTIAL MODIFICATION
A proposed modification to an existing wireless support structure
that will substantially change the physical dimensions of the wireless
support structure under the objective standard for substantial change
established by the FCC in 47 C.F.R. 1.40001(b)(7).
UTILITY POLE
A structure owned or operated by a public utility as defined
in K.S.A. § 66-104, and amendments thereto, a municipality
as defined in K.S.A. § 75-6102, and amendments thereto,
or an electric cooperative as defined in K.S.A. 2019 Supp. 17-4652,
and amendments thereto, that is designed specifically for and used
to carry lines, cables or wires for telecommunications, cable, electricity
or to provide lighting.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including, but
not limited to:
A.
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
B.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies and comparable equipment, regardless
of technological configuration.
WIRELESS INFRASTRUCTURE PROVIDER
Any person that builds or installs transmission equipment,
wireless facilities or wireless support structures but that is not
a wireless services provider.
WIRELESS SERVICES
"Personal wireless services" and "personal wireless service
facilities" as defined in 47 U.S.C. § 332(c)(7)(C), including
commercial mobile services defined in 47 U.S.C. § 332(d),
provided to personal mobile communication devices through wireless
facilities or any fixed or mobile wireless services provided using
wireless facilities.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a monopole, guyed or self-supporting
tower or other suitable existing or alternative structure designed
to support or capable of supporting wireless facilities. "Wireless
support structure" shall not include any telephone or electrical utility
pole or any tower used for the distribution or transmission of electrical
service.
This article applies to the placement of small cell facilities
in the right-of-way by any wireless service provider or wireless infrastructure
provider, whether authorized by a small cell deployment agreement
or a master license agreement, permit or ordinance.