Sec. 13-226.  Definitions.

As used in this article, the following terms have the meanings set forth below, except to the extent that such definitions conflict with, or are otherwise inconsistent with, the defined terms provided in the Act, in which case the statutory definitions of the Act shall control. Undefined terms used in this article that are defined terms under the Act shall have the meanings provided for in the Act.
            Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.


Applicable codes means uniform building, fire, safety, electrical, plumbing or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Act and to the extent such codes have been adopted by the city and are generally applicable in the city.


Applicant means any person who submits an application and is a wireless provider.


Application means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility.


City pole means a utility pole owned, managed, or operated by or on behalf of the city.


Collocation or Collocate means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Collocation or collocate does not include the installation of a new utility pole or new wireless support structure in the right-of-way.


Communications service provider means a cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service provider includes a wireless provider.


Decorative pole means a City pole that is specially designed and placed for aesthetic purposes.


FAA means the Federal Aviation Administration.


FCC means the Federal Communications Commission.


Fee means a one-time, nonrecurring charge.


Historic district means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.


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


Macro cell means an antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to the surrounding area, excluding small wireless facilities.


Microwireless facility means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches.


Permit means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility.


Person means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority.


Public power supplier means a public power district or any other governmental entity providing electric service.  Public power supplier includes a municipal electric utility or a rural public power supplier.  Except as otherwise provided in the Act, the Act does not apply to utility poles owned, operated, or managed by a public power supplier including, without limitation, collocation of wireless facilities on such public power supplier poles.


Rate means a recurring charge.


Right-of-way means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway, the National System of Interstate and Defense Highways, or a private easement.


Small Wireless Facility means a wireless facility that meets each of the following conditions: (1) the facilities are (a) mounted on a structure 50 feet or less in height, including the antennas, or (b) are mounted on structures no more than 10 percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; (3) all other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than twenty-eight cubic feet in volume; (4) the facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.


Street light means, for purposes of this article, poles used or to be used for the City’s lighting in the right-of-way. The term street lights includes non-standard street lights; however, the term does not include traffic signal poles, electric transmission and distribution poles, or light poles for sports fields or arenas, stadium lighting or other lighting of any kind.


Technically Feasible means that 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.


Traffic signal means a set of automatically operated colored lights, typically red, amber, and green, for controlling traffic at road intersections and crosswalks.  Traffic control signals are devices placed along, beside, or above a roadway to guide, warn, and regulate the flow of traffic, which includes motor vehicles, motorcycles, bicycles, pedestrians and other road users.


Utility pole means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way.  Utility pole does not include (1) wireless support structures, (2) any transmission infrastructure owned or operated by a public power supplier or rural public power supplier, and (3) any distribution or communications infrastructure owned or operated by a rural public power supplier.


Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of technological configuration. Wireless facility includes small wireless facilities.  Wireless facility does not include (a) the structure or improvements on, under, or within the equipment which is collocated, (b) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna, or (c) a wireline backhaul facility.


Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.


Wireless provider means a wireless services provider or a wireless infrastructure provider when acting as a co-applicant for a wireless services provider.


Wireless services mean any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.


Wireless services provider means a person who provides wireless services.


Wireless support structure means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Wireless support structure does not include a utility pole.


Wireline backhaul facility means an above-ground or underground facility used to transport communications services from a wireless facility to a communications network.


Source:  Ord. No. 5678, § 1, 09-08-2020;