§ 94-321. Definitions.

(a)

Definitions. To the extent that the following definitions conflict with any definition contained in section 94-611, the following definitions shall control:

Abandoned. Any tower without any mounted transmitting and/or receiving antennas in continued use for a period of 180 consecutive days.

Abandonment. The cessation of all uses of a wireless communications facility; 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. By way of example, and not limitation, cessation of all use of an antenna mounted on a streetlight, where the streetlight continues to be used, shall not be "abandonment" of a facility in public rights-of-way.

Alternative structure. A structure that is not primarily constructed for the purpose of supporting antennas but on which one or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, light stanchions, pole signs, billboards, church steeples and high voltage electric power transmission towers. Concealed towers are not alternative structures.

Amateur radio tower. Any tower used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio facilities.

Ancillary structure. Equipment, devises and structures associated with a wireless communications facility, including but not limited to: concrete slabs on grade, guy anchors, generators, feed lines, mounting hardware, pedestals, and transmission cable supports; however, specifically excluding equipment cabinets, towers, alternative structures and antenna elements.

Anti-climbing device. A piece or pieces of equipment, which are either attached to an antenna support structure, or which are freestanding and are designed to prevent people from climbing the structure. These devices may include, but are not limited to, fine mesh wrap around structure legs, the removal or absence of climbing pegs, "squirrel-cones," or other approved devices, but excluding the use of barbed or razor wire.

Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including but not limited to: telephonic, radio or television communications. Types of antenna include, but are not limited to: omni-directional (whip) antennas, sectionalized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas, and in the case of AM broadcast facilities the actual tower structure.

Antenna array. A group of antennas and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or common mounting support structure for a unified purpose of transmitting or receiving electromagnetic waves for a single wireless services provider, or if combined antennas, for the combined providers.

Antenna element. Any antenna or antenna array.

ASR. The antenna structure registration number as required by the FAA and FCC.

Antenna support structure. See "Tower"

Attached antenna. An antenna element attached to an alternative structure.

Base station. The electronic equipment at a fixed location utilized by the wireless communication provider(s) for the transmission and reception of radio signals, including DAS and small cells. The term does not include a tower.

Breakpoint technology. The engineering design of a monopole wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

Broadcast facilities. Towers, antennas, and/or antenna arrays for FM/TV/ broadcasting transmission facilities, and tower(s) utilized as antennas for an AM broadcast station that are licensed by the FCC.

Broadcast tower. A tower built primarily for broadcast facilities, but which may also be used for collocation of other wireless communications facilities.

Collocation. The practice of installing and operating multiple antenna elements, which are owned or controlled by multiple wireless service providers, and/or radio common carrier licensees on the same tower, antenna support structure, or alternative structure using different and separate antenna, feed lines, equipment cabinets, generators and other radio frequency generating equipment.

Combined antenna. An antenna or an antenna array designed and utilized to provide wireless communications services for more than one wireless provider, or a single wireless provider utilizing more than one frequency band or spectrum, for the same or similar type of services.

Concealed. A tower, pole, antenna element or ancillary structure, or equipment compound that is not readily identifiable as such, and is camouflaged and designed to be aesthetically compatible with the area and the existing and proposed building(s) and uses on a site so as to reduce or mitigate the facility's potential adverse visual impacts on the surrounding areas. There are two types of concealed facilities: 1) antenna attachments and 2) freestanding antenna support structures. A concealed attached antenna includes a structure which is not primarily constructed for the purpose of holding attachment antennas but on which one or more antennas may be mounted. Examples of concealed attached facility include, but are not limited to the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Freestanding concealed antenna support structures usually have a secondary, obvious function which may be, but is not limited to the following: church steeple, windmill, bell tower, clock tower, light standard, flagpole with or without a flag, or tree.

DAS — Distributed antenna system. A DAS system consists of: (1) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas. A DAS installation shall be considered a non-concealed attached antenna for purposes of these regulations

DAS hub. Ancillary equipment usually contained in a shelter or other enclosure which does not have any wireless transmission or receive equipment contained therein but is utilized in the deployment and operation of wireless DAS receive/transmit infrastructure that is located elsewhere.

Development area. The area occupied by a wireless communications facility including areas inside or under the following: an antenna-support structure's framework, equipment cabinets, ancillary structures and access ways.

Downtown action committee. The legal entity established and authorized by section 94-31(f) of this Code to oversee the development of the area governed by the downtown master plan.

Equipment cabinet. Any structure, including: cabinets, shelters, pedestals, and other similar structures that are used exclusively or in combination with ancillary facilities, to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

Equipment compound. The fenced area surrounding the ground-based wireless communication facility that includes the following: the tower or antenna support structure's framework and ancillary structures such as equipment necessary to operate the antenna, cabinets, shelters, pedestals, and other similar structures.

FAA. The Federal Aviation Administration. FCC - The Federal Communications Commission.

Feed lines. Cables used as the interconnecting media between the equipment cabinet and the antenna. Also known as "transmission lines."

Flush-mounted. Any antenna or antenna array attached directly to the face of the tower or alternative structure such that no portion of the antenna extends above the height of the tower or alternative structure. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the tower or alternative structure to the inside edge of the antenna.

Guyed tower. A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

Geographic search ring. An area designated by a wireless provider or operator for a new base station and antenna elements, produced in accordance with generally accepted principles of wireless engineering.

Handoff candidate. A wireless communication facility that receives call transference from another wireless facility, usually located in an adjacent first "tier" surrounding the initial wireless facility.

Lattice tower. A tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed diagonal strips or rods to support antennas.

Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirement, as amended, now in effect or subsequently enacted or issued, including, but not limited to, the Communications Act of 1934, 47 USC 151 et seq., as amended by the Telecommunications Act of 1996, PL 104-104 § 101(a), 110 Stat. 70, and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto.

Master plan. The Wireless Telecommunications Master Plan developed and adopted by the city commission, as amended from time to time.

Mitigation. A modification of an existing antenna support structure to increase its height or to improve its integrity, by replacing or removing one or several antenna support structures located in proximity to a proposed new antenna support structure in order to encourage compliance with this article or improve aesthetics or functionality of the overall wireless network. Mitigation may also include replacement of an existing tower or antenna support structure with a new tower or antenna support structure which mitigates the impacts of its predecessor.

Monopole tower. A style of free-standing tower consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof.

Non-concealed. A wireless communication facility that is readily identifiable as such and can be either freestanding or attached.

OTARD. Pursuant to sec. 207 of the Telecommunications Act of 1996, the FCC adopted the Over-the-Air Reception Device ("OTARD") rule concerning governmental and non-governmental restrictions on viewer's ability to receive video programming signals from direct broadcast satellites, broadband radio service providers and television broadcast stations.

Personal wireless service. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Pass-through provider. Any person who, upon registering with the city, places or maintains a wireless communications facility in the city's rights-of-way and that does not remit communications service taxes as imposed by the city pursuant to F.S. ch. 202 and F.S. § 337.401.

Place or maintain or placement or maintenance or placing or maintaining. To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider or pass-through provider that owns or exercises physical control over wireless communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. 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.

Private property. Real property owned by an individual or entity other than the city or other governmental entity or agency.

Provider's designed service. The configuration and manner of deployment of wireless communications services the wireless services provider has designed for an area as part of its network.

Public rights-of-way. A public right-of-way, public utility easement, highway, street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other property for which a government entity 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 government holds aproperty interest therein. "Public rights-of-way" shall not include private property. "Public rights-of-way" shall not include any real or personal government property except as described above and shall not include government buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Public safety communications equipment. All communications equipment utilized by a public entity for the purpose of ensuring the safety of the public and operating within the frequency range of 150 MHz, 450 MHz, 700 MHz, 800 MHz, 1,000 MHz, 6GHz and any future spectrum allocations at the direction of the FCC.

Replacement. The removal of an existing tower for purposes of erecting a new tower of nearly equal dimensions usually for the purposes of improvement structural integrity.

Satellite earth station. A single or group of parabolic (or dish) antennas mounted to a support device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment cabinets necessary for the transmission or reception of wireless communications signals with satellites.

Small cell. A low-powered wireless base station that functions like cells in a mobile wireless network, typically covering localized outdoor areas.

Structure. Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs.

Tower. A vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Towers do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. Types of towers include the following: guyed, lattice and monopole structures.

Tower base. The above ground portion of the foundation, usually concrete, on which the tower is situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular line from the geometric center of the tower.

Tower height. The vertical distance measured from the grade line to the highest point of the tower, including any antenna, lighting, lightning protection or other equipment affixed thereto.

Tower site. The land area that contains, or will contain, a proposed tower, support structures and other related buildings, equipment and/or improvements.

Transmission. The development of a radio signal from an antenna device for the purpose of communications or communication of data.

Transmission line. See "Feedline" definition above.

Wireless communications facility. Any staffed or unstaffed location for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or antenna array, transmission cables, equipment cabinets, a tower, cabling, antenna brackets, and other such equipment. The following shall be deemed a wireless communications facility: new, mitigated, or existing towers, government-owned towers, replacement towers, collocation on existing towers, attached wireless communications facilities, DAS, small cell, concealed wireless communication facilities, and non-concealed wireless communication facilities.

(Ord. No. 4549-15, § 2(94-331), 6-8-2015)