The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means:
The transmission media within the rights-of-way extended to
the end-user customer's premises network interface within the city
that allows delivery of telecommunications service within the city;
and
Each termination point of a nonswitched telephone circuit consisting
of transmission media connecting specific locations identified by,
and provided to, the end user for the delivery of nonswitched telecommunications
service within the city.
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Interoffice-transport and other transmission media that do not
terminate at an end-user customer's network interface device are not
access lines that would be separately identified and counted for the
purposes of assessing the monthly line fee.
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means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless
services.
means the term as defined in the Cable Communications Policy
Act of 1984, as amended, 47 USC 532 et seq.
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 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 the annual revised consumer price index for all urban
consumers for the state, as published by the Federal Bureau of Labor
Statistics.
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 city code.
means an area that is zoned, or otherwise designated by city
code, and for which the city maintains and enforces unique design
and aesthetic standards.
means the design requirements for specific types of facilities,
including any adopted design manuals, the city's unified development
code, adopted constructed codes and any other city requirements.
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 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. The term "easement" shall include
a private easement used for the provision of utilities.
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, plant, and appurtenances and all transmission media used
for the provision of wireless service or telecommunications service.
means the federal administrative agency, or lawful successor,
authorized to oversee cable television and other multi-channel regulation
on a national level.
means the right-of-way adjacent to a state or federal highway.
means an area that is zoned or otherwise designated as a
historic area under municipal, state, or federal law.
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 the city-approved and lawfully permitted location for
the network node.
means a guyed or self-supported pole or monopole greater
than the lesser of 55 feet, or 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 the mayor or designee of the mayor.
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 § 11.003,
and located in a public right-of-way.
means equipment at a fixed location that enables wireless
communications between user equipment and a communications network.
The term "network node" or "node" 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.
means a wireless service provider; or 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: network
nodes; or node support poles or any other structure that supports
or is capable of supporting a network node.
means a new installation, including any extension or replacement of an existing pole where the replacement is not excepted from permit requirements under section 45-52.
means a pole installed by a network provider for the primary
purpose of supporting a network node.
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 a written authorization for the use of the public right-of-way,
including collocation on a service pole, required from the city before
a provider may perform an action under this chapter.
means any person that has applied for or been issued a permit
pursuant to the terms of this chapter.
means a natural person (an individual), corporation, company,
association, partnership, firm, limited liability company, joint venture,
joint stock company or association, and other such entity.
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 a network provider or telecommunication service provider.
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: a private
easement; or 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 § 11.004,
including municipally owned and/or operated utilities.
means the total amount paid to the city on a quarterly basis
for access lines and on an annual basis for other facilities for the
use and occupancy of the rights-of-way. For network providers, this
is the rental charge paid in accordance with V.T.C.A., Local Government
Code ch. 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:
means and includes the following:
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
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 the city's 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 city's design manual.
means the transmittal of voice, data, image, graphics and
other communications between or among points by wire, fiber optics,
or other similar facilities, as well as the rental, lease, or furnishing
of the facilities to accomplish such transmittal, but does not include
transmissions for long distance purposes (interLATA and intraLATA)
or any "wireless service" as defined by law.
means any person that supplies telecommunications service
to others within the corporate limits of the city in exchange for
money or other value.
means the term "telecommunications utility" as used in the
Public Utility Regulatory Act, V.T.C.A., Utilities Code § 51.002(11).
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 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
provider, as defined by V.T.C.A., Utilities Code § 51.002.
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.
(Ordinance of adopted 8/24/2017, § II(49-1))
