Antenna.Communications equipment that transmits, receives or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
Array.One or more antennas mounted at approximately the same level above ground on a tower or base station.
Base station.A structure or equipment at a fixed location that enables licensed or authorized wireless communications between user equipment and a communications network. The term does not include a tower. The term includes, but is not limited to, a building, clock tower, bell steeple, sign, utility pole, water storage tank, silo and other similar mounting structures that may be used for the purpose of supporting and obscuring the presence of antennae.
Collocation.The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
Deemed approved.Refers to an eligible facilities modification application that has been deemed approved upon the city's failure to act, and has become effective, as provided pursuant to the FCC eligible facilities request rules.
Eligible facilities request.The term means the same as defined by the FCC in 47 C.F.R. section
1.40001(b)(3), as may be amended, which defines that term as: "Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) Collocation of new transmission equipment; (2) Removal of transmission equipment; or (3) Replacement of transmission equipment."
Eligible support structure.A tower or base station as defined in this section, provided it is existing at the time the application is filed with the local government, which is eligible for collocation.
Engineered fall zone.The area in which a support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.
Existing.The term has the same meaning as provided in 47 C.F.R. section
1.40001(b)(4), as may be amended, which provides that "a constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."
Federal Communications Commission (FCC).An independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.
Height, structure.Telecommunications support structure height shall be measured from ground level (finished grade) to the top of the structure. Measurement of tower structure height for the purpose of determining compliance with the requirements of this article shall include the structure, foundation, and any facilities attached thereto which extend above the top of the structure.
Personal wireless service.As used in this division, shall be defined in the same manner as in title
47, United States Code, section 332(c)(7)(c), as it may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications, services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless service facilities.
Section 6409(a).Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. section
1455(a), as may be amended.
Section 6409(a) modification.Any eligible facilities request that does not cause a substantial change and submitted for approval pursuant to section 6409(a) and the FCC's regulations at 47 C.F.R. section
1.40001 et seq.
Site.The current boundaries and any access or utility easements of the leased or owned property surrounding the tower.
Spectrum Act.Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act, 47 U.S.C. section
1455(a) (providing, in part, "...a state or local government may not deny, and shall approve, any eligible facilities request for a modification of any existing wireless tower or base station that does not substantially change the physical dimensions of such tower of base station.")
Stealth technology or stealth facility.As used in this division, the term shall mean design technology that blends the WTF into the surrounding environment, so it is unrecognizable as a telecommunications facility; examples of stealth facilities include but are not limited to architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements such as church spires or window wall, and antenna structured designed to resemble light poles or flagpoles.
Substantial change.A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For existing towers not in the public rights-of-way:
(A) An increase in the height of the tower by more than 10% or by the height of one additional antenna array with the separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;
(B) The addition of any appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower at the level of the appurtenance, whichever is greater;
(C) Any excavation or deployment outside the current site;
(D) It would defeat the concealment elements of the structure; or
(E) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, however, this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in the Code of Federal Regulations, CFR 47, chapter
1, subchapter A, part 1, 1.40001(b)(7)(i) through (iv).
(2) For base stations not in the public rights-of-way:
(A) An increase in the height of the structure by more than 10% or more than ten (10) feet, whichever is greater;
(B) The addition of any appurtenance that would protrude from the edge of the structure by more than six (6) feet;
(C) The installation of more than four (4) new equipment cabinets;
(D) Any excavation or deployment outside the current site; or
(E) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, however, this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in the Code of Federal Regulations, CFR 47, chapter
1, subchapter A, part 1, 1.40001(b)(7)(i) through (iv).
Tower.Any structure built for the sole or primary purpose of supporting any authorized antennas and their associated facilities, including structures that are constructed for wireless communication services, including but not limited to private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Transmission equipment.Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.
Wireless.Any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
Wireless telecommunications facilities (WTFs).Towers, base stations and other structures utilized to house or support antennae and related equipment for radio, television, microwave, cellular phone, digital phone, wireless internet, and other wireless communications services. Noncommercial television or internet antennae and amateur radio antennae are not governed by this division.
(Ordinance 146, sec. 7.02, adopted 3/7/2022)