The following definitions shall apply within this Part:
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
APPLICABLE CODES
All applicable uniform building, fire, electrical, plumbing
or mechanical codes adopted by a recognized national code organization
or local amendments to those codes enacted solely to address imminent
threats of destruction of property or injury to persons.
BOROUGH
Pottstown Borough, Montgomery, Pennsylvania.
CO-LOCATE
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
COMMUNICATIONS FACILITY
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide a communications service.
COMMUNICATIONS SERVICE PROVIDER
Any 1) cable operator as defined in Section 602(4) of the
Cable Communications Policy Act of 1984 [P.L. No. 98-549, 47 U.S.C.
§ 522(5)]; 2) provider of information service as defined
in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064,
47 U.S.C. § 153(24)]; 3) telecommunications carrier as defined
in Section 3(44) of the Communications Act of 1934 [47 U.S.C. § 153(51)];
or 4) wireless provider.
EMERGENCY
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or caused or is likely
to cause facilities in the right-of-way to be unusable and result
in loss of the services provided.
FCC
The Federal Communications Commission of the United States.
HISTORIC DISTRICTS OR BUILDINGS
A building, property, or site, or collection thereof 1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register; 2) determined to be eligible for listing by the Keeper of the National Register of Historic Places who has been delegated the authority by a federal agency to list properties and determine their eligibility for the National Register of Historic Places in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement for Review Regarding the Section 106 National Historic Preservation Act Review Process as specified under 47 CFR Pt.
1, App. C (relating to Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process); 3) marked as an historical site by the Pennsylvania Historical and Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical and museums); or 4) within an historical district created pursuant to the Historic District Act, 53 P.S. § 8001 et seq.
LAW
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
A small wireless facility that: 1) does not exceed two cubic
feet in volume and 2) has an exterior antenna no longer than 11 inches.
MODIFICATION or MODIFY
An improvement, upgrade or replacement of a small wireless
facility or an existing utility pole that does not substantially change,
as defined in 47 CFR § 1.6100(b)(7) (relating to wireless
facility modifications), the physical dimension of the small wireless
facility or utility pole.
PERMIT
A written authorization of general applicability required
by the Borough 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, including the
Borough.
RIGHT-OF-WAY or ROW
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Borough.
SMALL WIRELESS FACILITY
A wireless facility used by a wireless provider that meets
the following qualifications: 1) each antenna associated with the
deployment is no more than three cubic feet in volume; 2) the volume
of all other equipment associated with the wireless facility, whether
ground-mounted or pole-mounted, is cumulatively no more than 28 cubic
feet. Any equipment used solely for the concealment of the small wireless
facility shall not be included in the calculation of equipment volume
under this definition.
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 material reduction in the functionality
of the small wireless facility.
UTILITY POLE
A pole or similar structure used or that may be used, in
whole or in part, by or for telecommunications, electric distribution,
lighting, traffic control, signage or a similar function or co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
WIRELESS FACILITY
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.
The term includes small wireless facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is co-located or the coaxial or fiber optic cables that are not immediately
adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services
provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services, whether at a fixed location or mobile, provided
to the public using wireless facilities.
WIRELESS SUPPORT STRUCTURE
The definition contained the Act of October 24, 2012 (P.L.
§ 1501, No. 191), known as the Wireless Broadband Collocation
Act, is hereby adopted by reference.