"Antenna"means the same as defined in 47 C.F.R. Section
1.6002(b), as may be amended or superseded. The term includes an apparatus designed for the purpose of emitting radio frequencies (RF) to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part
15.
"Antenna equipment"means the same as defined 47 C.F.R. Section
1.6002(c), as may be amended or superseded, which defines the term to mean equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
"Antenna facility"means the same as defined in 47 C.F.R. Section
1.6002(d), as may be amended or superseded, which defines the term to mean an antenna and associated antenna equipment.
"Applicable codes"means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or State or local amendments to those codes that are of general application and consistent with State and Federal law.
"Applicant"means any person who submits an application as or on behalf of a wireless provider.
"Application"means requests submitted by an applicant: (1) for permission to collocate small wireless facilities; or (2) to approve the installation, modification or replacement of a structure on which to collocate a small wireless facility in the rights-of-way, where required.
"City structure"means a structure located in the rights-of-way within the City's jurisdictional boundaries that is owned, managed or operated by the City or any subdivision or instrumentality thereof, including municipal electric utilities. Including, but not limited to, streetlights, traffic signals, utility poles, building.
"Collocate"means the same as defined in 47 C.F.R. Section
1.6002(g), as may be amended or superseded, which defines that term to mean: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. "Collocation" has a corresponding meaning.
"Day"means calendar day. For purposes of the FCC shot clock, a terminal day that falls on a holiday or weekend shall be deemed to be the next immediate business day.
"Decorative pole"means a city structure that is specially designed and placed for aesthetic purposes.
"Historic district"means a group of buildings, properties, or sites that are either: (1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register in accordance with Section VI.D.1a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part
1, Appendix C; or (2) a locally designated historic district as of the effective date of this chapter or in a locally designated historic district existing when an application is submitted.
"Person"means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
"Pole"means a type of structure in the rights-of-way that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for collocation of small wireless facilities; provided, such term does not include a tower, building or electric transmission structures.
"Rights-of-way" or "ROW"means and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
"Routine maintenance"means inspections, testing, repair, and modifications subject to Section 6409(a) that maintain functional capacity, aesthetic and structural integrity of a small wireless facility and/or the associated pole or structure.
"Small wireless facility"means a facility that meets each of the following conditions per 47 C.F.R Section 1.6002(l), as may be amended or superseded:
(1) The facilities: (a) are mounted on structures 50 feet or less in height including the antennas, or (b) are mounted on structures no more than 10% taller than other adjacent structures, or (c) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater; and
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
(4) The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. Section
1.1307(b).
"Structure"means the same as defined in 47 C.F.R. Section
1.6002(m), as may be amended or superseded, which defines that term as a pole, tower, or base station, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of service).
"Wireless infrastructure provider"means any person, including a person authorized to provide communications service in the State, that builds or installs wireless communication transmission equipment, wireless facilities, but that is not a wireless services provider.
(Ord. 531 §1, 2021)