Section 67.5111

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 67

Effective - 01 Jan 2019, see footnote   

  143.091.  Meaning of terms. — As used in sections 67.5110 to 67.5121, the following terms shall mean:

  (1)  "Antenna", communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;

  (2)  "Applicable codes", uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes enacted to prevent physical property damage or reasonably foreseeable injury to persons to the extent not inconsistent with sections 67.5110 to 67.5121;

  (3)  "Applicant", any person who submits an application and is a wireless provider;

  (4)  "Application", a request submitted by an applicant to an authority for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole;

  (5)  "Authority", the state or any agency, county, municipality, district, or subdivision thereof or any instrumentality of the same.  The term shall not include municipal electric utilities or state courts having jurisdiction over an authority;

  (6)  "Authority pole", a utility pole owned, managed, or operated by or on behalf of an authority, but such term shall not include municipal electric utility distribution poles or facilities;

  (7)  "Authority wireless support structure", a wireless support structure owned, managed, or operated by or on behalf of an authority;

  (8)  "Collocate" or "collocation", to install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole;

  (9)  "Communications facility", the set of equipment and network components, including wires, cables, and associated facilities used by a cable operator, as defined in 47 U.S.C. Section 522(5); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); a provider of information service, as defined in 47 U.S.C. Section 153(24); or a wireless services provider; to provide communications services, including cable service, as defined in 47 U.S.C. Section 522(6); telecommunications service, as defined in 47 U.S.C. Section 153(53); an information service, as defined in 47 U.S.C. Section 153(24); wireless communications service; or other one-way or two-way communications service;

  (10)  "Communications service provider", a cable operator, as defined in 47 U.S.C. Section 522(5); a provider of information service, as defined in 47 U.S.C. Section 153(24); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); or a wireless provider;

  (11)  "Decorative pole", an authority pole that is specially designed and placed for aesthetic purposes;

  (12)  "Fee", a one-time, nonrecurring charge;

  (13)  "Historic district", a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under state law as of January 1, 2018, or subsequently enacted for new developments;

  (14)  "Micro wireless facility", a small wireless facility that meets the following qualifications:

  (a)  Is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height; and

  (b)  Any exterior antenna no longer than eleven inches;

  (15)  "Permit", a written authorization required by an authority to perform an action or initiate, continue, or complete a project;

  (16)  "Person", an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority;

  (17)  "Rate", a recurring charge;

  (18)  "Right-of-way", the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a federal interstate highway, railroad right-of-way, or private easement;

  (19)  "Small wireless facility", a wireless facility that meets both of the following qualifications:

  (a)  Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and

  (b)  All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine cubic feet in volume; and no single piece of ground-mounted equipment shall exceed fifteen cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility.

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The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services;

  (20)  "Technically feasible", by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility;

  (21)  "Utility pole", a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include wireless support structures, electric transmission structures, or breakaway poles owned by the state highways and transportation commission;

  (22)  "Wireless facility", equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and 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:

  (a)  The structure or improvements on, under, or within which the equipment is collocated;

  (b)  Coaxial or fiber-optic cable between wireless support structures or utility poles;

  (c)  Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

  (d)  A wireline backhaul facility;

  (23)  "Wireless infrastructure provider", any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider;

  (24)  "Wireless provider", a wireless infrastructure provider or a wireless services provider;

  (25)  "Wireless services", any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities;

  (26)  "Wireless services provider", a person who provides wireless services;

  (27)  "Wireless support structure", an existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole;

  (28)  "Wireline backhaul facility", a physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.

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(L. 2018 H.B. 1991)

Effective 1-01-19

Expires 12-31-29