Definitions.
For the purpose of this section, the definitions
found in the city design manual for the installation of network nodes
and node support poles (the “design manual”) are hereby
incorporated into this section and shall apply unless the context
clearly indicates or requires a different meaning. The following definitions
as found in the design manual are specifically applicable to this
section:
Applicable codes.
(1)
The city uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization; and
(2)
Local amendments to those codes to the extent not inconsistent
with chapter 284.
City.
The City of River Oaks, Texas or its lawful successor.
City council.
The municipal governing body of the City of River Oaks, Texas.
Code.
The Texas Local Government Code.
Collocate and collocation.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
Decorative pole.
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 nondiscriminatory city codes and ordinances.
Design district.
An area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
Easement.
Includes any public easement or other compatible use created
by dedication, or by other means, to the city for public utility purposes
or any other purpose whatsoever.
Law.
Common law or a federal, state, or local law, statute, code,
rule, regulation, order, or ordinance.
Local.
Within the geographical boundaries of the city.
Location.
The city-approved and lawfully permitted location for the
network node.
Micro network node.
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.
Municipal park.
An area that is zoned or otherwise designated by the city
as a public park for the purpose of recreational activity.
Network node.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(1)
Includes:
(A)
Equipment associated with wireless communications;
(B)
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
(C)
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and
Network provider.
(1)
A wireless service provider; or
(2)
A person that does not provide wireless services and that is
not an electric utility but builds or installs on behalf of a wireless
service provider:
(B)
Node support poles or any other structure that supports or is
capable of supporting a network node.
Node support pole.
A pole installed by a network provider for the primary purpose
of supporting a network node.
Permit.
A written authorization for the use of the public right-of-way
or collocation on a service pole required from the city before a network
provider may perform an action or initiate, continue, or complete
a project over which the municipality has police power authority.
Pole.
A service pole, city-owned utility pole, node support pole,
or utility pole.
Private easement.
An easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
Provider.
Has the same meaning as “network provider.”
Public right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
city has an interest. The term does not include:
(2)
The airwaves above a public right-of-way with regard to wireless
telecommunications.
Service pole.
A pole, other than a city-owned utility pole, owned or operated
by the city and located in a public right-of-way, including:
(1)
A pole that supports traffic-control functions;
(3)
A pole that supports lighting, other than a decorative pole;
and
(4)
A pole or similar structure owned or operated by a municipality
and supporting only network nodes.
Street.
Only the paved portion of the right-of-way used for vehicular
travel, being the area between the inside of the curb to the inside
of the opposite curb, or the area between the two parallel edges of
the paved roadway for vehicular travel where there is no curb. A “street”
is generally part of, but smaller in width than the width of the entire
right-of-way, while a right-of-way may include sidewalks and utility
easements. A “street” does not include the curb or the
sidewalk, if either are present at the time of a permit application
or if added later.
Traffic signal.
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
Transport facility.
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.
User.
A person or organization which conducts a business over facilities
occupying the whole or a part of a public street or right-of-way,
depending on the context.
Utility pole.
A pole that provides:
(1)
Electric distribution with a voltage rating of not more than
34.5 kilovolts; or
(2)
Services of a telecommunications provider, as defined by chapter
284, [sic] section 51.002, Utilities Code.
Wireless service.
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.
Wireless facilities.
“Micro network nodes,” “network nodes,”
and “node support poles” as defined in Texas Local Government
Code, chapter 284.