§ 82-125. Definitions.

For the purposes of this article, 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. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The terms "shall" and "will" are mandatory, and the term "may" is permissive. Words not otherwise defined in this section or in any permit that may be granted pursuant to this Ordinance shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. 151 et seq., as amended, (collectively the "Communications Act"); if not defined in the Communications Act, as amended, as defined by Federal Communications Commission Orders, if not defined by Federal Communications Commission Orders, shall be defined by Florida statutes; and if not defined by Florida statutes, as amended, shall be defined by relevant case law, and if not defined by relevant case law, shall be construed to mean the common and ordinary meaning.

Aerial facility means a facility used to provide communications services or electric services that is attached onto a utility pole within the city's rights-of-way.

Abandonment means the permanent cessation of all uses of a communications facility, utility pole or wireless support structure provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used.

Antenna for purposes of this Ordinance, means communications equipment that transmits or receives electromagnetic radio frequency signals used in provider wireless services.

Applicable codes means this Ordinance, the Florida Building Code and fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to the aforementioned codes enacted solely to address threats of destruction of property or injury to persons.

Applicant means a person who submits an application to the city and is a cable services provider, video services provider, certificate holder, communications services provider, wireless provider, pass-through provider or wireless infrastructure provider.

Application means a request submitted by an applicant to the city for a permit to place communications facilities or collocate small wireless facilities onto a utility pole or installation of a utility pole or wireless support structure in the public rights-of-way.

Attach or attachment(s) means the physical attachment(s) of a communications facility or small wireless facility to a legally maintained utility pole or wireless support structure consisting of cables, wires, and supporting hardware required to support the provision of communications services or wireless services as defined by the City Code.

Cable service(s) means: (1) The one-way transmission to subscribers of video programming or any other programming service. (2) Subscriber interaction, if any, that is required for the selection or use of such video programming or other programming service.

Cable service provider means a person that provides cable service over a cable system.

Cable system 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, but such term does not include:

(1)

A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2)

A facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way;

(3)

A facility that serves subscribers without using any public right-of-way;

(4)

A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act of 1934, except that such facility shall be considered a cable system other than for purposes of 47 U.S.C. 541(c) 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;

(5)

Any facilities of any electric utility used solely for operating its electric utility systems; or

(6)

An open video system that complies with 47 U.S.C. 573.

Camouflaged or stealth facility means a communications facility and/or accompanying equipment that is attached onto an existing, new or replaced utility pole or wireless support structure designed to blend into the surrounding environment, disguised, hidden, part of an existing or proposed pole or structure, or placed within an existing or proposed pole or structure in a manner that makes it not readily identifiable as a communications facility, wireless support structure or accompanying equipment.

Certificate holder means a cable or video service provider that has been issued and holds a certificate of franchise authority from the Department of State.

City utility pole means a utility pole owned by the city in the public rights-of-way. The term does not include a utility pole owned by a municipal electric utility, a utility pole used to support municipally owned or operated electric distribution facilities, or a utility pole located in the right-of-way within:

(1)

A retirement community that (i) Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b); (ii) Has more than 5,000 residents; and (iii) Has underground utilities for electric transmission or distribution.

Collocate or collocation means, for the purposes of this article, to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.

Communications facility or facility or system means any permanent or temporary plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, fiber optics, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the city and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. The term includes any permanent or temporary small wireless facility or micro wireless facility.

Communications services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, the term does not include services used to remotely facilitate, monitor or control the distribution or transmission of electricity on electric utility infrastructure, information services, installation or maintenance of wiring or equipment on a customer's premises, the sale or rental of tangible personal property, the sale of advertising, including, but not limited to, directory advertising, bad check charges, late payment charges, billing and collection services, or internet access service, electronic mail service, electronic bulletin board service, or similar online computer services.

Communications services provider means any person making available or providing communications services through the placement or maintenance of a communications facility in public rights-of-way, including, but not limited to, cable service and video service providers, certificate holders and wireless providers.

Equipment facility means an unmanned enclosure, room, cabinet, shelter, pedestal, build-out of an existing structure, building, or similar structure used to house ancillary equipment for the provision of communications services. Each such cabinet, shelter, or building shall be considered a separate equipment facility.

FCC means the Federal Communications Commission or any successor governmental entity thereto.

Make-ready work means a process by which existing attachments on a utility pole must be rearranged so that the utility pole can be made ready to accommodate new attachments, which may include pole replacement.

Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

Overlash or overlashing means to place cables, wires, fiber optics, strands, antennas or other facilities onto existing cables, wires, fiber optics, antennas or other facilities attached to or between utility poles or wireless support structures by a registrant or communications services provider.

Pass-through provider means any person who places or maintains a communications facility, utility pole or wireless support structure in the roads or rights-of-way of the city who does not remit taxes imposed by the city pursuant to F.S. ch. 202.

Person includes any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, but shall not include the city to the extent permitted by applicable law.

Place or maintain or placement or maintenance or placing or maintaining means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate, under, over, or within any rights-of-way. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, constitutes "placing or maintaining" the facilities as defined herein. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing or maintaining facilities in the public rights-of-way.

Public rights-of-way means a public right-of-way, public utility easement, highway, street, sidewalk, alley, bridge, tunnel, pier, waterway, dock, wharf, court, lane, or path, or any other property for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the city holds a property interest therein. The term "public rights-of-way" shall not include private property or county and state rights-of-way where the city does not have control through any delegation of authority or otherwise. The term "public rights-of-way" shall not include any real or personal city property.

Registrant or facility owner means a communications services provider, cable or video service provider, wireless provider, wireless infrastructure provider, or pass-through provider or other person that has registered with the city in accordance with the provisions of this Ordinance.

Registration and register means the process described in this Ordinance whereby a communications services provider, wireless provider, certificate holder, cable or video service provider, wireless infrastructure provider or pass-through provider provides certain information to the city.

Small wireless facility means a wireless facility that meets the following qualifications:

(1)

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Telecommunications information packet means a packet provided by the city that is included in a permit application, which contains questions regarding an applicant's proposed siting and installation of communications facilities, small wireless facilities, micro wireless facilities, utility poles, wireless support structures and accompanying equipment facilities in the city.

Utility pole means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless the city grants a waiver for such pole.

Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station as set forth in 47 U.S.C. 522(20).

Video service means video programming services, including cable services, provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 U.S.C. 332(d), video programming provided as part of, and via a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet.

Video service provider means an entity providing video service.

Wireless facility means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

(1)

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

(2)

Wireline backhaul facilities; or

(3)

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.

Wireless infrastructure provider means a person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services mean any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider means a person who provides wireless services.

Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure that is less than 55 feet in height designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(Ord. No. 2018-028, § 3, 4-24-2018)