a.
"Accessory equipment"
"Administrative approval"
"Administrative review"
"Affiliate"
"Antenna"
"Base station"
"Cable service"
"Cable system," or "cable communications system" or "cable television
system,"
(i)
(ii)
(iii)
(iv)
(v)
"Cable system operator"
"Camouflage"
"Carrier on wheels" or "cell on wheels (COW)"
"_____ CFR § _______"
"City"
"Communications Act"
"Concealment elements"
(i)
(ii)
(iii)
(iv)
(v)
(vi)
"CPUC"
"Director"
"Distributed antenna system (DAS)"
"Eligible support structure"
"EMF"
"Existing height"
"FCC" or "Federal Communications Commission"
"Franchise"
"Franchise fee"
(i)
(ii)
(iii)
(iv)
"Franchise service area" or "service area"
"Grantee"
"Gross annual cable service revenues"
"Gross annual telecommunications service revenues"
"Interference"
"Laws"
"Multichannel video programming distributor" or "video programming
distributor"
"Municipal infrastructure"
"Noticing"
"Open video system"
"Open video system operator"
"Person"
"Public, educational or government access facilities" or "PEG
access facilities,"
"Public right-of-way (PROW)"
"Routine maintenance"
"Site"
"Small cell facility"
(i)
(A)
(B)
(C)
(ii)
(iii)
(iv)
(v)
(vi)
"Street" or "public way"
"Subscriber" or "customer" or "consumer"
"Substantial change"
(i)
(ii)
(iii)
(iv)
(v)
(vi)
"Support structure"
"Telecommunications"
"Telecommunications equipment"
"Telecommunications service"
"Telecommunications service provider"
"Tower"
"_______ U.S.C. § _______"
"Utility pole"
"Video programming provider"
"Video provider"
"WCF PROW permit"
"Wireless communications facility (WCF)" or "wireless facility"
"Wireless regulations"
For
the purposes of this chapter, the words, terms, phrases, and their
derivations set forth in this Part 5 have the meanings set forth below.
Words used in the present tense include the future tense, and words
in the singular include the plural number.
means any equipment serving or being used in conjunction
with a WCF. This equipment includes, but is not limited to, utility
or transmission equipment, power supplies, batteries, cables, cabinets,
vaults, or equipment structures.
means approval granted by designated staff members authorized
to grant approval after administrative review.
means evaluation of an application by designated staff.
means, when used in relation to any person, another person
who owns or controls, is owned or controlled by, or is under common
ownership or control with, such person. For purposes of this definition,
the term "own" means to own an equity interest, or its equivalent,
of ten percent or more.
means a device used to transmit and/or receive radio or electromagnetic
waves for the provision of services, including, but not limited to,
cellular, paging, personal communications services (PCS) and microwave
communications. Such devices include, but are not limited to, directional
antennas; such as panel antenna, microwave dishes, and satellite dishes;
omnidirectional antennas; wireless access points (Wi-Fi); and strand
mounted wireless access points. This definition does not include broadcast
antennas, antennas designed for amateur radio use, or over-the-air
reception devices as defined in 47 C.F.R 1.4000 such as satellite
dishes designed for residential or household purposes.
shall have the meaning as set forth in 47 C.F.R. Section
1.40001(b)(1), or any successor provision.
means the one-way transmission to subscribers of video programming,
or other programming services, and subscriber interaction, if any,
that is required for the selection or use of that video programming
or other programming service. For the purposes of this definition,
"video programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station;
and "other programming service" means information that a cable system
operator makes available to all subscribers generally.
means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community. The
term "cable system" does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
right-of-way;
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Telecommunications Act
of 1996, except that such facility will be considered a cable system
(other than for purposes specified in Section 621(c) of the 1984 Cable
Act) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use
is solely to provide interactive on-demand services:
An open video system that complies with Section 653 of Title
VI of the Telecommunications Act of 1996; or
Any facilities of an electric utility that are used solely for
operating its electric utility system.
means any person or group of persons:
means the means and methods by which a WCF is designed to
be concealed and blend the installation with the surrounding environment.
This is accomplished by requiring the use of one or more concealment
elements.
means a portable self-contained WCF that can be moved to
a location and set up to provide wireless services on a temporary
or emergency basis. A COW is normally vehicle-mounted and contains
a telescoping boom as the antenna support structure.
means the Code of Federal Regulations. Thus, the citation
of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code
of Federal Regulations.
means the City of West Hollywood as represented by its City
Council or by any delegate acting within the scope of its delegated
authority.
means the Communications Act of 1934 (48 Stat. 1064, enacted
June 19, 1934), as amended by the Cable Communications Policy Act
of 1984 (Public Law No. 98-549, enacted October 30, 1984), the Cable
Television Consumer Protection and Competition Act of 1992 (Public
Law No. 102-385, enacted October 5, 1992), and the Telecommunications
Act of 1996 (Public Law No. 104-104, enacted February 8, 1996). The
Communications Act is codified at 47 U.S.C. §§ 151-613.
means:
Radio frequency transparent screening;
Approved, specific colors;
Minimizing the size of the site;
Integrating the installation into existing utility infrastructure;
Installing new infrastructure that replaces and matches existing
infrastructure in the area surrounding the proposed site;
Installing in a less visually obtrusive way.
means the California Public Utilities Commission.
means the city's Director of Public Works or designee.
means a network of one or more antenna and fiber optic nodes
connecting to a common base station or "hub."
means any tower or base station provided that is it is existing
(as defined in 47 C.F.R. Section 1.40001(b)(5), or any successor provision,
at the time the relevant application is filed with the city.
means electromagnetic frequency.
means the height of the tower or base station as originally
approved or as of the most recent modification that received regulatory
approval prior to the passage of the Spectrum Act. Height shall be
measured from natural grade to the top of all appurtenances.
means the federal administrative agency, or any lawful successor,
that is authorized to regulate telecommunications services and telecommunications
service providers on a national level.
means an initial authorization, or the renewal of an initial
authorization, issued by the City Council, whether such authorization
is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, that authorizes the construction
or operation of a cable system.
means any fee or assessment of any kind that is authorized
by state or federal law to be imposed by the city on a grantee as
compensation in the nature of rent for the grantee's use of the public
rights-of-way. The term "franchise fee" does not include:
Any tax, fee, or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and cable
operators or their services);
Capital costs that are required by the franchise to be incurred
by grantee for public, educational, or governmental access facilities;
Costs or charges that are incidental to the award or enforcement
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties, or liquidated damages;
or
Any fee imposed under Title 17, United States Code.
means the entire geographic area of the city as it is now
constituted, or may in the future be constituted, unless otherwise
specified in the ordinance or resolution granting a franchise, or
in a franchise agreement.
means any person that is awarded a franchise in accordance
with this chapter, and that person's lawful successor, transferee,
or assignee.
means the annual gross revenues received by a grantee from
all operations of its cable television system within the city, excluding
uncollected bad debt, refundable deposits, rebates or credits, and
further excluding any sales, excise, or other taxes or charges that
are required to be collected for direct pass-through to the local,
state or federal government. Revenues identified and collected from
subscribers as franchise fees may not be excluded from a grantee's
gross annual cable service revenues.
means the annual revenues received by a grantee from the
operation of a cable system to provide telecommunications services
other than video programming services.
means physically or electronically affecting the operation,
views, signals or functions of city equipment or third-party equipment.
means any and all applicable federal, state and local ordinances,
resolutions, regulations, administrative orders, or other legal requirements.
means a person such as, but not limited to, a cable system
operator, a multichannel multipoint distribution service, a direct
broadcast satellite service, or a television receive-only satellite
program distributor, who makes available multiple channels of video
programming for purchase by subscribers or customers.
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,
billboards, or other poles, lighting fixtures, or electroliers located
within the PROW.
means the process of sending a city-approved letter of notification
describing the work to be performed. The letter must be sent to all
businesses, owners and residents within a three-hundred-foot radius
of the site.
means a facility consisting of a set of transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service, including video programming,
and that is provided to multiple subscribers within the city, provided
that the FCC has certified that such system complies with 47 CFR § 1500 et seq., entitled "Open Video Systems."
means any person or group of persons who provides cable service
over an open video system and directly or through one or more affiliates
owns a significant interest in that open video system, or otherwise
controls or is responsible for the management and operation of that
open video system.
means an individual, partnership, association, joint stock
company, trust, corporation, or governmental entity.
means the total of the following:
means any public street, alley, sidewalk, or parkway that
is owned or granted by easement, operated, or controlled by the city.
means ensuring that a WCF and structure is kept in good operating
condition. Routine maintenance includes, but is not limited to: inspections,
testing and repairs that do not trigger the requirement for an eligible
facilities request or small cell facility application. Other permits
such as an excavation permit and traffic control plans may still be
required depending on the scope and type of work required.
means the WCF area occupied by the structure supporting the
antenna, the accessory equipment and the area in proximity to the
structure and to other transmission equipment already deployed on
the ground.
shall have the same meaning as "small wireless facilities"
in 47 C.F.R. 1.6002(l) (which is a wireless facility that meets the
following conditions that, for convenience, have been set forth below),
or any successor provision:
The facility:
Is mounted on a structure fifty feet or less in height, including
antennas, as defined in 47 C.F.R. Section 1.1320(d), or
Is mounted on a structure no more than ten percent taller than
other adjacent structures, or
Does not extend existing structures on which they are located
to a height of more than fifty feet or by more than ten percent, whichever
is greater;
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;
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
twenty-eight cubic feet in volume;
The facility does not require antenna structure registration
under 47 C.F.R. Part 17;
The facility is not located on Tribal lands, as defined under
36 C.F.R. Section 800.16(x); and
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).
means each of the following that has been dedicated to the
public and maintained under public authority or by others and is located
within the city limits: streets, roadways, highways, avenues, lanes,
alleys, sidewalks, easements, rights-of-way, and similar public property
that the city from time to time authorizes to be included within the
definition of a street.
means any person who, for any purpose, subscribes to the
services provided by a multichannel video programming distributor
and who pays the charges for those services.
means a change to the physical dimensions of an eligible
support structure if it meets any of the following criteria:
The modification proposed would increase the structure's existing
height by more than ten percent or ten feet, whichever is greater.
The modification proposed would protrude from the edge of the
structure by more than six feet or would encroach on private property
unless the applicant has a letter of authorization from the land owner
where the encroachment occurs.
The modification proposed involves the installation of more
than the standard number of new equipment cabinets for the technology
involved, but not to exceed four cabinets, or more than one new equipment
shelter.
The modification proposed would entail any excavation or deployment
outside the current site.
The modification would defeat the existing concealment elements
of the WCF installation.
The modification does not comply with conditions associated
with the prior approval of the WCF unless the noncompliance is due
to an increase in existing height, width, addition of cabinets, or
new excavation that does not exceed the corresponding substantial
change thresholds.
means any structure capable of supporting a base station.
means the transmission, between or among points specified
by the user, of information of the user's choosing, without change
in the form or content of the information as sent and received.
means equipment, other than customer premises equipment,
used by a telecommunications service provider to provide telecommunications
service, including software that is integral to that equipment.
means the offering of telecommunications directly to the
public for a fee, or to such classes of users as to be effectively
available directly to the public, regardless of the equipment or facilities
that are used.
means any provider of telecommunications service.
means any 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 personal
wireless 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. This definition does not include utility poles.
means the United States Code. Thus, the citation of "47 U.S.C.
§ 153" refers to Title 47, section 153, of the United States
Code.
means a structure in the PROW designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
means any person or group of persons who has the right under
the federal copyright laws to select and to contract for the carriage
of specific video programming on an open video system.
means any person, company, or service that provides one or
more channels of video programming to a residence, including a home,
condominium, apartment, or mobilehome, where some fee is paid for
that service, whether directly or as included in dues or rental charges,
and whether or not public rights-of-way are used in the delivery of
that video programming. A "video provider" includes, without limitation,
providers of cable television service, master antenna television,
satellite master antenna television, direct broadcast satellite, multipoint
distribution services, and other providers of video programming, whatever
their technology.
is a permit authorized under this chapter for a WCF installation
in the PROW.
means any fixed facility established for the purpose of providing
wireless transmission of voice, data, images or other information
including, but not limited to, personal wireless services. A WCF can
consist of one or more antennas, accessory equipment and a support
structure.
means those regulations adopted by the City Council or Director
implementing the provisions of this chapter.
b.
Unless
otherwise expressly stated, words, terms, and phrases not defined
in this Part 5 will be given their meaning as used in Title 47 of
the United States Code, as now existing or hereafter amended, and,
if not defined in that code, their meaning as used in Title 47 of
the Code of Federal Regulations.
(Prior code § 61040; Ord. 98-519 § 1, 1998; Ord. 18-1053 § 3, 2019)
