When used in this article, the following terms, as well as their singulars, plurals and possessives, shall have the following definitions and meanings, unless the context of the sentence in which they are used indicates otherwise. Terms defined in section 1.01.004 shall have the meaning assigned in section 1.01.004 unless defined otherwise by this section.
means a unit of measurement representing:
Each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer’s premises within the city that allows the delivery of local exchange telephone services within the city, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale;
Each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality; or
Each switched transmission path within a public right-of-way used to provide central office-based PBX-type services for systems of any number of stations within the city, and in that instance, one path shall be counted for every ten stations served.
An access line may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer’s premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service. |
means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
means “cable service” as defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. section 532 et seq. (2017).
means the Code of Ordinances of the city, as amended.
means the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the Federal Bureau of Labor Statistics.
means any wireless facility that is covered, blended, painted, disguised, camouflaged, or otherwise concealed such that the wireless facility blends into the surrounding environment and is visually unobtrusive. Concealment includes but is not limited to covering with a facade, designs that blend with the surrounding character of an area, paint that matches surrounding poles, disguising with landscaping, or locating underground.
means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to this code.
means an area that is zoned, or otherwise designated by this code, and for which the city maintains and enforces unique design and aesthetic standards.
means the design requirements in effect at the time of a construction permit application, or the commencement of work not required to obtain a permit, for specific types of facilities, including any adopted design manuals, the city’s unified development code, adopted construction codes and any other city requirements, as amended from time to time.
means all ordinances, laws, rules, resolutions, and regulations of the city that are now in force or may hereafter be passed and adopted.
means any and all of the network nodes, transport facilities, equipment cabinets, node support poles, duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures, plants, and appurtenances and all transmission media used for the provision of wireless service or telecommunication service.
means the federal administrative agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
means an area that is zoned or otherwise designated as a historic area under municipal, state, or federal law.
means the right-of-way adjacent to a state or federal highway.
means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
means a monthly fee to be applied to each access line for the calculation of the total amount to be paid to the city as a rights-of-way fee.
means a guyed or self-supported pole or monopole greater than the lesser of (i) 55 feet, or (ii) ten feet higher than the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way and that supports or is capable of supporting antennas.
means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches.
means a utility pole owned or operated by a municipally owned utility, as defined by V.T.C.A., Utilities Code section 11.003, and located in a public right-of-way.
means any property dedicated or used as a park or for public park purposes or that may be dedicated or used as a park or for public park purposes within the city.
means the public works director or designee of the public works director.
means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation;
and does not include (i) an electric generator, (ii) a pole, or (iii) a macro tower. |
means a new installation, including any extension or replacement of an existing pole where the replacement is not excepted from permit requirements under this article.
means a pole installed by a wireless network provider for the primary purpose of supporting a network node.
means a written authorization for the use of the public right-of-way, including collocation on a service pole, required from the city before a user may perform an action under this article.
means any person that has been issued a permit pursuant to the terms of this article.
means a wireless network provider or telecommunications service provider.
means a service pole, municipally owned utility pole, node support pole, or utility pole.
means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (i) a private easement, or (ii) the airwaves above a public right-of-way with regard to wireless telecommunications. This includes but is not limited to all present and future public streets, avenues, highways, alleys, sidewalks, boulevards, drives, tunnels, easements, bridges, and other such similar passageways, thoroughfares, and public ways within the city.
means a public utility as that term is used in the Public Utility Regulatory Act, V.T.C.A., Utilities Code section 11.004, including municipally owned and/or operated utilities.
means the total amount paid to the city for the use and occupancy of the rights-of-way. This fee shall be paid on a quarterly basis for access lines and on an annual basis for other structures and facilities. For wireless network providers, this is the rental charge paid in accordance with V.T.C.A., Local Government Code chapter 284.
means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: a pole that supports traffic-control functions; a structure for signage; a pole that supports lighting, other than a decorative pole; and a pole or similar structure owned or operated by a municipality and supporting only network nodes.
means the portion of the public right-of-way, including a highway, designed or used for vehicular traffic, including that part of the street marked or platted as a bicycle or public transit lane. Street width shall be the widest of the following measurements:
includes the following: (i) a replacement or upgrade that does not include replacement of an existing node support pole nor defeat existing concealment elements of a node support pole; and (ii) a new or upgraded network node, including the antenna or other equipment element, will not be more than ten percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by design manual; and the new or upgraded pole will not be more than ten percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by the design manual.
means any “local exchange telephone service,” as defined by V.T.C.A., Utilities Code section 51.002, or voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. section 332(d).
means any “certificated telecommunications provider” as the term is defined by V.T.C.A., Local Government Code section 283.002.
means any and all of the cables, fibers, wires or other physical devices owned, maintained or placed by a user to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes.
means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
means acquisition, installation, construction, reconstruction, maintenance, repair, control, or operation of any facilities within the rights-of-way for any purpose whatsoever.
means any person that applies for a permit under this article, or any person that owns, controls, constructs, installs, repairs, maintains, upgrades or removes a structure in the right-of-way, including any contractor or subcontractor of a person who owns or controls a structure in the right-of-way.
means a pole that provides: electric distribution with a voltage rating of not more than 34.5 kilovolts; or services of a wireless network provider, as defined by V.T.C.A., Local Government Code, chapter 284.
means any service, using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
means a person that provides wireless service to the public; or a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a person that provides wireless service to the public: network nodes, node support poles, or any other structure that supports or is capable of supporting a network node.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-1; Ordinance adopting 2022 Code)