The terms used in this chapter shall have the following meanings:
"Application"
means a formal request, including all required and requested
documentation and information, submitted by an applicant to the City
for a wireless encroachment permit.
"Applicant"
means a person filing an application for placement or modification
of a wireless facility in the public right-of-way.
"FCC"
means the Federal Communications Commission or its lawful
successor.
"Municipal infrastructure"
means City-owned or controlled property structures, objects,
and equipment in the ROW, including, but not limited to, street lights,
traffic control structures, banners, street furniture, bus stops,
bill-boards, or other poles, lighting fixtures, or electroliers located
within the ROW.
"Permittee"
means any person or entity granted a wireless encroachment
permit pursuant to this chapter.
"Public right-of-way" or "ROW"
means the same as "right-of-way" in Section
13-04.020, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage.
"Small cell facility"
means the same as "small wireless facility" as
defined in 47 C.F.R. 1.6002(l), or any successor provision (which
is a personal wireless services facility that meets the following
conditions that, solely for convenience, have been set forth below):
(1)
The facility:
(a)
Is mounted on a structure 50 feet or less in height, including
antennas, as defined in 47 C.F.R. Section 1.1320(d),
(b)
Is mounted on a structure no more than 10 percent taller than
other adjacent structures, or
(c)
Does not extend an existing structure on which it is located
to a height of more than 50 feet or by more than 10 percent, whichever
is greater;
(2)
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in the definition of antenna in 47 C.F.R.
Section 1.1320(d)), is no more than three cubic feet in volume;
(3)
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
(4)
The facility does not require antenna structure registration
under 47 C.F.R. Part 17;
(5)
The facility is not located on Tribal lands, as defined under
36 C.F.R. Section 800.16(x); and
(6)
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 C.F.R. Section 1.1307(b).
"Underground areas"
means those areas where there are no electrical facilities
or facilities of the incumbent local exchange carrier in the right
of way; or where the wires associated with the same are or are required
to be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution
facilities owned by an electric utility and do not include transmission
facilities used or intended to be used to transmit electricity at
nominal voltages in excess of 35,000 volts.
"Utility pole"
means a structure in the ROW designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
"Wireless encroachment permit"
means the permit issued pursuant to this chapter authorizing
the placement or modification of a wireless facility of a design specified
in the permit at a particular location within the ROW; and the modification
of any existing support structure to which the wireless facility is
proposed to be attached.
"Wireless facility" or "facility"
means the transmitters, antenna structures and other types
of installations used for the provision of wireless services at a
fixed location, including, without limitation, any associated tower(s),
support structure(s), and base station(s).
(Ord. 2021-006 § 2)
The City, as a matter of policy, will negotiate agreements for
use of municipal infrastructure. The placement of wireless facilities
on those structures shall be subject to the agreement. The agreement
shall specify the compensation to the City for use of the structures.
The person seeking the agreement shall additionally reimburse the
City for all costs the City incurs in connection with its review of,
and action upon the person's request for, an agreement.
(Ord. 2021-006 § 2)
In establishing the rights, obligations and conditions set forth
in this chapter, it is the intent of the City to treat each applicant
or public right-of-way user in a competitively neutral and non-discriminatory
manner, to the extent required by law, and with considerations that
may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the public rights-of-way.
(Ord. 2021-006 § 2)