As used in this Part, the following terms shall have the meanings
indicated:
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services.
APPLICABLE CODES
A.
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; and
B.
Local zoning, land use, streets and sidewalks, rights-of-way
and permitting ordinances that comply with this act.
APPLICANT
A communications service provider that submits an application.
APPLICATION
A request submitted by an applicant to a municipality:
A.
For a permit to co-locate small wireless facilities; or
B.
To approve the installation, modification or replacement of
a utility pole with small wireless facilities attached.
BOROUGH
Borough of Emmaus, Lehigh County, Pennsylvania.
CO-LOCATE
To install, mount, maintain, modify or replace small wireless
facilities on an existing utility pole or other wireless support structure.
CODE
The Code of Ordinances of the Borough of Emmaus.
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
A.
A cable operator as defined in § 602(4) of the Cable
Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)];
B.
A provider of information service as defined in § 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)];
C.
A telecommunications carrier as defined in § 3(44)
of the Communications Act of 1934 [47 U.S.C. § 153(51)];
or
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has 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.
FEE
A one-time charge or recurring charge.
LAW
Federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITY
A small wireless facility that:
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
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.
RIGHTS-OF-WAY or ROW
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Borough.
SMALL WIRELESS FACILITY
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
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.
UTILITY POLE
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for 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
Shall have the same meaning given to it in the Act of October
24, 2012 (P.L. 1501, No. 191), known as the Wireless Broadband Co-location
Act.