Definitions in this section may contain quotations and/or citations to Title
47 of the Code of Federal Regulations Section 1.40001 et seq. In the event that any referenced section is amended, creating a conflict between the quoted definition and the amended language of the referenced section, the definition in the referenced section, as amended, shall control.
"Base station"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(1), as may be amended, which defines that term as follows:
1. | A structure or equipment at a fixed location that enables [FCC]-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in [47 C.F.R. Section 1.40001(b)(9)] or any equipment associated with a tower. |
| a. | The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. |
| b. | The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). |
| c. | The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in paragraphs (b) and (c) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. |
| d. | The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in paragraphs (a) and(b) of this section. |
Note: As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station. |
"City"means the city of Brentwood, California.
"City council"means the city council of the city of Brentwood, California.
"Code"means the city of Brentwood Municipal Code, as may be amended.
"Collocation"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(2), as may be amended, which defines that term as "[t]he 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." As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless facility installed at a single site.
"Director"means the director of community development of the city of Brentwood, California, or designee.
"Distributed antenna system" or "DAS"means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.
"Eligible facilities request"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 "[a]ny 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: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."
"Eligible support structure"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."
"Existing"means the same as defined by the FCC 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 for purposes of [the FCC's Section 6409(a) regulations] 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."
"FAA"means the Federal Aviation Administration or its duly appointed successor agency.
"FCC"means the Federal Communications Commission or its duly appointed successor agency.
"RF"means "radio frequency" or electromagnetic waves between thirty kHz and three hundred GHz in the electromagnetic spectrum range.
"Section 6409(a)"means 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.
"Site"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground."
"Substantial change"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this chapter organizes the FCC's criteria and thresholds for a substantial change according to the facility type and location.
A. For towers outside the public rights-of-way, a substantial change occurs when:
1. The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or
2. The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level. of the appurtenance (whichever is greater); or
3. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
4. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
B. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
1. The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or
2. The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or
3. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
4. The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent larger in height or volume than any existing ground-mounted equipment cabinets; or
5. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
C. In addition, for all towers and base stations wherever located, a substantial change occurs when:
1. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the director; or
2. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.
Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a). |
"Tower"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications 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." Examples include, but are not limited to, monopoles, mono-trees and lattice towers.
"Transmission equipment"means the same as defined by the FCC in 47 C.F.R. Section
1.40001(b)(8), as may be amended, which defines that term as "[e]quipment 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. The term includes equipment associated with wireless communications 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."
"Wireless"means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.
(Ord. 972 § 2, 2016)