§ 2-28-21. Definitions.

For purposes of article II of chapter 2-28, the following words and terms shall have the following meanings:

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

Applicant means any person, firm, partnership or corporation who has submitted an application to the county for a right-of-way use permit, but has yet to be granted said permit.

Collocate or collocation means 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 services means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including video services, 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. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. The term does not include:

(a)

Information services;

(b)

Installation or maintenance of wiring or equipment on a customer's premises;

(c)

The sale or rental of tangible personal property;

(d)

The sale of advertising, including, but not limited to, directory advertising;

(e)

Bad check charges;

(f)

Late payment charges;

(g)

Billing and collection services; or

(h)

Internet access service, electronic mail service, electronic bulletin board service, or similar online computer services.

County utility pole means a utility pole owned by the county in the right-of-way. The term does not include a utility pole owned by a county electric utility, a utility pole used to support county owned or operated electric distribution facilities or a utility pole located in the right-of-way within a retirement community that (1) is deed restricted as housing for older persons as defined in Section 760.29(4)(b), Florida Statutes, (2) has more than five thousand (5,000) residents; and (3) has underground utilities for electric transmission or distribution.

Dealer means a person registered with the department as a provider of communications services in this state.

Distributed antenna system (DAS) means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

Eligible wireless support structure means any tower or base station as defined herein which is existing at the time the relevant application is filed with the county.

Emergency repairs means work which is necessary to immediately preserve life or property of inhabitants of the county. The term shall also describe work which is needed to prevent the imminent loss of any service or to restore any service provided by a utility company.

Erosion control means the practices used to minimize soil loss and the discharge of turbid runoff in the manner set forth in the National Pollution Discharge Elimination System (NPDES) standards.

Facility means any electric transmission, telephone, telegraph, or other communications service lines; pole lines; poles; railways; ditches; sewers; water, heat or gas mains; pipelines; fences; gasoline tanks or pumps; or other structures referred to in Sections 337.401, 337.402, 337.403 and 337.404, Florida Statutes.

Licensee means a person, firm, partnership or corporation who has been granted a right-of-way permit by the County regardless of whether that permit is still valid.

Manual on uniform traffic control devices (MUTCD) means the Federal Highway Administration Manual on Uniform Traffic Control Devices, as incorporated by reference under Florida Department of Transportation rules.

Micro wireless facility means a small wireless facility having dimensions no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and an exterior antenna, if any, no longer than eleven (11) inches.

Permittee means any person, firm, partnership or corporation who holds a currently valid right-of-way use permit, said permit having been granted by the County.

Right-of-way means land in which the state, the department, a County, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility.

Right-of-way manager means the staff person designated by the county administrator or his or her designee to administer this article.

Road means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

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

(a)

Each antenna associated with the facility is located inside an enclosure of no more than six (6) 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 (6) cubic feet in volume; and

(b)

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (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.

Substantial change means a modification that changes the physical dimensions of an eligible wireless support structure in the right-of-way in any of the following ways:

(a)

It increases the height of the structure by more than ten (10) per cent or more than ten (10) feet, whichever is greater;

(b)

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(c)

It involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

(d)

It entails any excavation or deployment outside the current site;

(e)

It would defeat the concealment elements of the eligible wireless support structure; or

(f)

It does not comply with conditions associated with prior approval of the construction or modification of the eligible wireless support structure or equipment, unless the non-compliance does not exceed the thresholds identified in (a) through (e) of this definition.

Tower means any structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, such services to include but not be limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Transmission equipment means any equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communication service, such services to include, but not be limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. Transmission equipment includes equipment associated with wireless communications services, such services to include, but not be limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Utility company means any electric, natural gas, telecommunications, water or wastewater company or entity regulated by the Florida Public Service Commission or any cable or satellite television company or entity regulated by the Federal Communications Commission.

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 fifteen (15) feet in height or less unless the county grants a waiver for such pole.

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 does not include:

(a)

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

(b)

Wireline backhaul facilities; or

(c)

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 certified 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 means 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 designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

(Ord. No. 17-21 , § 3, 3-7-17; Ord. No. 17-48 , § 3, 11-7-17)