As used in this chapter, the following terms shall have the meanings indicated:
ANTENNAAn apparatus designed for the purpose of emitting radiofrequency (RF) signals, to be operated or operating from a fixed location for the provision of personal wireless service and any commingled information services.
APPLICABLE CODESUniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, or local amendments to those codes, enacted solely to address imminent threats of destruction of property or injury to persons, to the extent not inconsistent with this chapter.
APPLICANTA person or entity that submits a siting application, and the agents, employees, and contractors of such person or entity.
APPLICATIONA request submitted by an applicant (i) for a permit to install or collocate small wireless facilities; or (ii) to approve the installation or modification of a utility pole associated with a collocated small wireless facility.
CODEThe Municipality of Kingston Code.
COLLOCATEThe mounting or installing of an antenna facility on a preexisting structure, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
COMMUNICATIONS SERVICE PROVIDERA cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.
EMERGENCYA condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the services provided.
FCCThe Federal Communications Commission of the United States.
LAWFederal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MICRO WIRELESS FACILITYA wireless facility that meets the following qualifications: (i) is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and, (ii) any exterior antenna is no longer than 11 inches.
MUNICIPALITY POLEA utility pole owned, managed, or operated by or on behalf of the Municipality.
PERMITA written authorization required by an authority to perform an action or Initiate, continue, or complete a project.
PERSONAn individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Municipality.
RIGHTS-OF-WAY or ROWThe area on, below, or above a roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway, in the Municipality.
SMALL WIRELESS FACILITYA facility that meets each of the following conditions:
A. The structure on which antenna facilities are mounted:
(1) Is 50 feet or less in height, or
(2) Is no more than 10% taller than other adjacent structures, or
(3) Is not extended to a height of more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and
B. Each antenna (excluding associated antenna equipment) are cumulatively no more than three cubic feet in volume; and
C. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and
D. The facility does not require antenna structure registration under 47 CFR Part 17;
E. The facility is not located on Tribal lands, as defined under 36 CFR § 800.16(x); and
F. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b).
UTILITY POLEA pole or similar structure that is used in whole or in part for the purpose of carrying or providing lateral support to electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting. Such term shall not include structures supporting only wireless facilities.
WIRELESS FACILITYEquipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated.
WIRELESS INFRASTRUCTURE PROVIDERAny person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.
WIRELESS SERVICESAny services, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.