Definitions. As used in this chapter, the following terms shall have the meanings indicated below. This chapter also incorporates by reference the definitions as set forth in §
461-24.4B, Definitions.
AGREEMENT
Any contract entered into hereunder for the use of City property
in connection with the operation of a wireless network.
APPLICABLE LAWS
Any statutes, constitutions, ordinances, resolutions, regulations,
judicial decisions, rules, tariffs, franchises, administrative orders,
certificates, orders, or other requirements of the City or other governmental
or judicial authority having the force and effect of law that determines
the legal standing of a matter relating to the parties and/or this
chapter and any agreements hereunder.
CITY
The City of Clifton, New Jersey.
EQUIPMENT
Small wireless facilities that are specifically identified,
described, and approved by the City as set forth in each supplemental
site license (as defined below) and includes, but is not limited to,
nodes, antennas, fiber optic cable, coaxial cable, wires, frequencies,
technology, conduits and pipes, a pole, and associated and appurtenant
equipment on the pole or on the ground at a wireless site, consistent
with the definition of "small wireless facilities" and deemed by a
provider necessary to, operate the wireless site and uses intended
thereto.
FACILITIES
Poles, streetlight poles, traffic poles, structures, infrastructure,
and fixtures located within the ROW.
FCC
The Federal Communications Commission.
HAZARDOUS SUBSTANCE
Any substance, chemical or waste that is identified as hazardous
or toxic in any applicable federal, state or local law or regulation,
including but not limited to petroleum products and asbestos.
INTERFERENCE
Physical interference and radio frequency interference.
LAWS
Any and all applicable federal, state, and local laws, statutes,
constitutions, code, ordinances, resolutions, regulations, judicial
decisions, rules, permits, approvals or other applicable requirements
of the City or other governmental entity, agency or judicial authority
having the force and effect of law that determines the legal standing
of a matter relating to the parties and/or this chapter and any agreement
hereunder.
MUNICIPAL FACILITY/FACILITIES
Those City-owned poles and fixtures located within the ROW
including, without limitation, streetlight poles and utility roles,
that are designated or approved by City as being suitable for placement
of equipment. Municipal facilities shall not include buildings.
NETWORK
Or collectively "networks," means one or more of the wireless
communications facilities operated by a provider to serve its wireless
carrier customers in the City.
OWNER
Person with a legal or equitable interest in ownership of
real Or personal property.
PERMIT
A permit issued and described in accordance with laws, which
is used to regulate, monitor, and control the improvement, construction,
or excavation activities, or other work or activity, occurring upon
or otherwise affecting City's ROW, including ROW use, building, and
electrical permits.
PERSON
Any corporation, limited liability company, partnership,
proprietorship, individual, or organization, governmental organization,
or any natural person.
PHYSICAL INTERFERENCE
Where equipment, vegetation, or a structure causes reduced
use of another's prior mounted equipment, or an obstruction in a necessary
line-of-sight path.
PROVIDER
A person which owns and/or controls, maintains, and operates
a wireless and fiber communications network serving provider's customers
[collectively, the "network" as more fully described in Section 1.1(i)
below], which is authorized to conduct business in the State of New
Jersey and which wishes to locate, place, attach, install, operate,
control, and maintain antennas and other related wireless communication
equipment consistent with small wireless technology ("equipment")
in the public rights-of-way (ROW) (as defined below).
RADIO FREQUENCY INTERFERENCE
The emission or conduction of radio frequency energy (or
electronic noise) produced by electrical and electronic devices at
levels that interfere with the operation of adjacent or nearby equipment.
RIGHTS-OF-WAY or ROW
The areas devoted to passing under, over, on or through lands
with public utility facilities.
SMALL WIRELESS FACILITY or SMALL CELL FACILITY
That (i) each antenna associated with the deployment, excluding
associated antenna equipment, is no more than three cubic feet in
volume, and (ii) all other wireless equipment associated with the
structure, including the wireless equipment associated with the antenna
and any preexisting associated equipment on the structure, is no more
than 28 cubic feet in volume.
SUPPLEMENTAL SITE LICENSE
The form of the license granted by an agreement for each individual site, described in §
369-3B below, and shown on Exhibit A of the agreement.
TERM
The period that an agreement hereunder is in effect as described
in the agreement.
WIRELESS COMMUNICATIONS FACILITY
(Also WCF) A facility used to provide personal wireless services
as defined at 47 U.S.C. § 332(c)(7)(C); or wireless information
services provided to the public or to such classes of risers as to
be effectively available directly to the public via licensed or unlicensed
frequencies; or wireless utility monitoring and control services.
A WCF does not include a facility entirely enclosed within a permitted
building where the installation does not require a modification of
the exterior of the building; nor does it include a device attached
to a building, used for serving that building only and that is otherwise
permitted under other provisions of the Code. A WCF includes an antenna
or antennas, base stations, support equipment, alternative tower structures,
small cell facilities, and towers. The term does not include mobile
transmitting devices used by wireless service subscribers, such as
vehicle or hand-held radios/telephones and their associated transmitting
antennas, nor does it include other facilities specifically excluded
from the coverage of this chapter.
WIRELESS SITE
A location on ROW selected for a provider's deployment of
its equipment, and includes small wireless facilities.