§ 34-302. Definitions.

For the purpose of this article, the definitions found in the City Design Manual for the Installation of Network Nodes and Node Support Poles ("the design manual") are hereby incorporated into this article and shall apply unless the context clearly indicates or requires a different meaning. The following definitions as found in the design manual are specifically applicable to this article:

Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by provider in an unused or non-functioning condition for more than 90 consecutive calendar days unless, after notice to provider, provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use.

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

Applicable codes means:

(1)

Adopted building codes detailed in chapter 6, article I of the City of Shavano Park Code of Ordinances; and

(2)

Local amendments to those codes to the extent not inconsistent with chapter 284.

City means the City of Shavano Park, Texas or its lawful successor.

Chapter 284 means Tex. Local Government Code ch. 284.

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 specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes.

Distributed antenna system or DAS shall be included as a type of "network node."

Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities.

Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by [Tex. 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.

Municipal park means an area that is zoned M-U or otherwise designated by municipal code or deed restriction as a public space for the purpose of recreational or community activity.

Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by section 11.003, Utilities Code, and located in a public right-of-way.

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

(1)

Includes:

a.

Equipment associated with wireless communications;

b.

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

c.

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

(2)

Does not include:

a.

An electric generator;

b.

A pole; or

c.

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 nodes; 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.

Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.

Pole means a service pole, municipally 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.

Provider has the same meaning as "network provider."

Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include:

(1)

A private easement; or

(2)

The airwaves above a public right-of-way with regard to wireless telecommunications.

SCADA or supervisory control and data acquisition systems means a category of software application programs and hardware used by the City for process control and gathering of data in real time from remote locations in order to monitor equipment and conditions of the City public water and wastewater utility facilities. These systems may utilize both cable and wireless communications.

Service pole means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a 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 a municipality and supporting only network nodes.

Small cell shall be included as a type of "network node."

Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "street" is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a "street" does not. A "street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.

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.

User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, or under depending on the context.

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 Tex. Local Government Code ch. 284 and section 51.002 of the Utilities Code.

Wireless facilities mean "micro network nodes," "network nodes," and "node support poles" as defined in Tex. Local Government Code ch. 284.

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. O-2018-002 , § I, 3-26-2018)