§ 21-151. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon and its derivatives mean the facilities have been left in an unused or non-functioning condition for more than 90 consecutive days.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes mean the most current building, electrical, mechanical, plumbing and fire codes codified in chapter 7 of the city's development code and amended therein.

Cable service is defined in 47 U.S.C. § 522(6).

Cable service provider means a person who provides cable service and has been issued a state-issued certificate of franchise authority from the Public Utility Commission of Texas or its successor under V.T.C.A., Utilities Code ch. 66.

Certificated telecommunications provider has the meaning as set forth in V.T.C.A., Local Government Code § 283.002(2), for which the PUC has issued a certificate of operating authority or service provider certificate of operating authority to provide local exchange telephone service or voice service.

City-owned utility pole means a utility pole owned or operated by a city-owned utility, as defined in V.T.C.A. Utilities Code § 11.003, and located in a public right-of-way.

Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.

Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than temporary holiday or special event attachments, have been placed or are permitted to be placed pursuant to this article.

Design district means and includes that property which is the arts, cultural and entertainment (ACE) zoning district.

Design manual means the design manual for siting and criteria for the installation of wireless micro network nodes, network nodes, node support poles and related ground equipment pursuant to V.T.C.A., Local Government Code ch. 284.

Director means the director of engineering.

Electric cooperative has the meaning assigned by V.T.C.A., Utilities Code § 11.003.

Electric utility has the meaning assigned by V.T.C.A., Utilities Code § 31.002.

Facilities means a pole, conduit, pipeline, line, wire, equipment, antenna, structure, or facility of any kind whatsoever, and includes utility poles, transport facilities, micro network nodes, network nodes, node support poles, and related ground equipment.

Historic district means an area that is zoned or otherwise designated as a historic district under city ordinance or state or federal law.

Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.

Macro tower means a guyed or self-supported pole or monopole that supports or is capable of supporting antennas and greater than the height parameters prescribed by V.T.C.A., Local Government Code § 284.103 and that supports or is capable of supporting antennas.

Micro network node 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.

Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes:

(1)

Equipment associated with wireless communications;

(2)

A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and

(3)

Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation.

The term does not include an electric generator, a pole or a macro tower.

Network provider means:

(1)

A wireless service provider; or

(2)

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:

a.

Network notes; or

b.

Node support poles or any other structure that supports or is capable of supporting a network node.

Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node.

Park means an area that is designated by the city as a public park for the purpose of recreational activity.

Permit means a written authorization for the use of the public right-of-way or collocation on a service pole (as to network providers) before a user of the public right-of-way may perform an action or initiate, continue or complete a project in the right-of-way. A "permit" includes all permits required by this article and applicable codes adopted by the city.

Pole means a service pole, city-owned utility pole, node support pole, or utility pole.

Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.

Public right-of-way or right-of-way means the area on, below, or above a public roadway, street, highway, alley, sidewalk, waterway, or utility easement in which the city 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.

Public property means public rights-of-way, bridges, tunnels, and similar property in which the city holds any property interest or exercises any rights of management or control.

Public right-of-way rate means the annual rental charge paid by a network provider to the city related to the construction, maintenance, or operation of network nodes within the public right-of-way, as provided in section 2-595(6) of this Code.

Public utility commission or PUC means the state public utility commission.

Service pole means a pole owned or operated by the city and located in the public right-of-way, including:

(1)

A pole that supports traffic control functions;

(2)

A structure for signage;

(3)

A pole that supports lighting, other than a decorative pole; and

(4)

A pole or similar structure owned or operated by the city and supporting only network nodes.

Sidewalk means that portion of a public right-of-way improved and designated for and ordinarily used for pedestrian travel or pedestrian and bicycle travel.

Street means that portion of a public right-of-way improved and designated for or ordinarily used for vehicular traffic.

Substantially similar means that:

(1)

The new or upgraded network node, including the antenna or other equipment element, will not be more than ten percent larger than the existing network node, provided that the increase may not result in the network node exceeding the size limitation provided in the design manual adopted and thereafter amended pursuant to section 21-160; and

(2)

The new or upgraded pole will not be more than ten percent higher than the existing pole, provided that the provided that the increase may not result in the pole exceeding the height limitations provided in the design manual adopted and thereafter amended pursuant to section 21-160.

The determination of whether a replacement or upgrade is substantially similar under [subsections] (1) and (2) is made by measuring from the dimensions of the network node or node support pole, as provided in the design manual.

Telecommunications provider has the meaning assigned by V.T.C.A., Utilities Code § 51.002.

Telephone cooperative has the meaning assigned by V.T.C.A., Utilities Code § 162.003.

Transport facility 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.

Utility pole means a pole that provides:

(1)

Electric distribution with a voltage rating of not more than 34.5 kilovolts; or

(2)

Services of a telecommunications provider, as defined by V.T.C.A., Utilities Code § 51.002.

Video service has the meaning as set forth in V.T.C.A., Utilities Code § 66.002(10).

Video service provider has the meaning as set forth in V.T.C.A., Utilities Code § 66.002(11), for which the PUC has issued a state-issued certificate of franchise authority to provide video service.

Voice service has the meaning as set forth in V.T.C.A., Utilities Code § 283.002.

Wireless service 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.

Wireless service provider means a person that provides wireless service to the public.

( Ord. No. 13,558 , § 3, 8-24-17)