Part 5 — Definitions

• a. For the purposes of this chapter, the words, terms, phrases, and their derivations set forth in this Part 5 have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number.

"Accessory equipment" means any equipment serving or being used in conjunction with a WCF. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, batteries, cables, cabinets, vaults, or equipment structures.

"Administrative approval" means approval granted by designated staff members authorized to grant approval after administrative review.

"Administrative review" means evaluation of an application by designated staff.

"Affiliate" means, when used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. For purposes of this definition, the term "own" means to own an equity interest, or its equivalent, of ten percent or more.

"Antenna" means a device used to transmit and/or receive radio or electromagnetic waves for the provision of services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to, directional antennas; such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand mounted wireless access points. This definition does not include broadcast antennas, antennas designed for amateur radio use, or over-the-air reception devices as defined in 47 C.F.R 1.4000 such as satellite dishes designed for residential or household purposes.

"Base station" shall have the meaning as set forth in 47 C.F.R. Section 1.40001(b)(1), or any successor provision.

"Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.

"Cable system," or "cable communications system" or "cable television 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. The term "cable system" does not include:

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

• (ii) A facility that serves subscribers without using any public right-of-way;

• (iii) A facility of a common carrier that is subject, in whole or in part, to the provisions

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of Title II of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) 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:

• (iv) An open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or

• (v) Any facilities of an electric utility that are used solely for operating its electric utility system.

"Cable system operator" means any person or group of persons:

• (i) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

• (ii) Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.

"Camouflage" means the means and methods by which a WCF is designed to be concealed and blend the installation with the surrounding environment. This is accomplished by requiring the use of one or more concealment elements.

"Carrier on wheels" or "cell on wheels (COW)" means a portable self-contained WCF that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

"_____ CFR § _______" means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations.

"City" means the City of West Hollywood as represented by its City Council or by any delegate acting within the scope of its delegated authority.

"Communications Act" means the Communications Act of 1934 (48 Stat. 1064, enacted June 19, 1934), as amended by the Cable Communications Policy Act of 1984 (Public Law No. 98-549, enacted October 30, 1984), the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385, enacted October 5, 1992), and the Telecommunications Act of 1996 (Public Law No. 104-104, enacted February 8, 1996). The Communications Act is codified at 47 U.S.C. §§ 151-613.

"Concealment elements" means:

• (i) Radio frequency transparent screening;

• (ii) Approved, specific colors;

• (iii) Minimizing the size of the site;

• (iv) Integrating the installation into existing utility infrastructure;

• (v) Installing new infrastructure that replaces and matches existing infrastructure in the area surrounding the proposed site;

• (vi) Installing in a less visually obtrusive way.

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"CPUC" means the California Public Utilities Commission.

"Director" means the city's Director of Public Works or designee.

"Distributed antenna system (DAS)" means a network of one or more antenna and fiber optic nodes connecting to a common base station or "hub."

"Eligible support structure" means any tower or base station provided that is it is existing (as defined in 47 C.F.R. Section 1.40001(b)(5), or any successor provision, at the time the relevant application is filed with the city.

"EMF" means electromagnetic frequency.

"Existing height" means the height of the tower or base station as originally approved or as of the most recent modification that received regulatory approval prior to the passage of the Spectrum Act. Height shall be measured from natural grade to the top of all appurtenances.

"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level.

"Franchise" means an initial authorization, or the renewal of an initial authorization, issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system.

"Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the city on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:

• (i) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services);

• (ii) Capital costs that are required by the franchise to be incurred by grantee for public, educational, or governmental access facilities;

• (iii) Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

• (iv)

• Any fee imposed under Title 17, United States Code.

"Franchise service area" or "service area" means the entire geographic area of the city as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement.

"Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee.

"Gross annual cable service revenues" means the annual gross revenues received by a grantee from all operations of its cable television system within the city, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct passthrough to the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a grantee's gross annual cable service revenues.

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"Gross annual telecommunications service revenues" means the annual revenues received by a grantee from the operation of a cable system to provide telecommunications services other than video programming services.

"Interference" means physically or electronically affecting the operation, views, signals or functions of city equipment or third-party equipment.

"Laws" means any and all applicable federal, state and local ordinances, resolutions, regulations, administrative orders, or other legal requirements.

"Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers.

"Municipal infrastructure" means city-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the PROW.

"Noticing" means the process of sending a city-approved letter of notification describing the work to be performed. The letter must be sent to all businesses, owners and residents within a three-hundred-foot radius of the site.

"Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the city, provided that the FCC has certified that such system complies with 47 CFR § 1500 et seq. , entitled "Open Video Systems."

"Open video system operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.

"Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

"Public, educational or government access facilities" or "PEG access facilities," means the total of the following:

• (i) Channel capacity designated for noncommercial public, educational, or government use; and

• (ii) Facilities and equipment for the use of that channel capacity.

"Public right-of-way (PROW)" means any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated, or controlled by the city.

"Routine maintenance" means ensuring that a WCF and structure is kept in good operating condition. Routine maintenance includes, but is not limited to: inspections, testing and repairs that do not trigger the requirement for an eligible facilities request or small cell facility application. Other permits such as an excavation permit and traffic control plans may still be required depending on the scope and type of work required.

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"Site" means the WCF area occupied by the structure supporting the antenna, the accessory equipment and the area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Small cell facility" shall have the same meaning as "small wireless facilities" in 47 C.F.R. 1.6002(l) (which is a wireless facility that meets the following conditions that, for convenience, have been set forth below), or any successor provision:

• (i)

  • The facility:

  • (A) Is mounted on a structure fifty feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or

  • (B) Is mounted on a structure no more than ten percent taller than other adjacent structures, or

  • (C) Does not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent, whichever is greater;

• (ii) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;

• (iii) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

• (iv)

  • The facility does not require antenna structure registration under 47 C.F.R. Part 17;

• (v) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and

• (vi) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

"Street" or "public way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the city from time to time authorizes to be included within the definition of a street.

"Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.

"Substantial change" means a change to the physical dimensions of an eligible support structure if it meets any of the following criteria:

• (i) The modification proposed would increase the structure's existing height by more than ten percent or ten feet, whichever is greater.

• (ii) The modification proposed would protrude from the edge of the structure by more than six feet or would encroach on private property unless the applicant has a letter of authorization from the land owner where the encroachment occurs.

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• (iii) The modification proposed involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, or more than one new equipment shelter.

• (iv) The modification proposed would entail any excavation or deployment outside the current site.

• (v) The modification would defeat the existing concealment elements of the WCF installation.

• (vi) The modification does not comply with conditions associated with the prior approval of the WCF unless the noncompliance is due to an increase in existing height, width, addition of cabinets, or new excavation that does not exceed the corresponding substantial change thresholds.

"Support structure" means any structure capable of supporting a base station.

"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment.

"Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used.

"Telecommunications service provider" means any provider of telecommunications service.

"Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not 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. This definition does not include utility poles.

"_______ U.S.C. § _______" means the United States Code. Thus, the citation of "47 U.S.C. § 153" refers to Title 47, section 153, of the United States Code.

"Utility pole" means a structure in the PROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.

"Video programming provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on an open video system.

"Video provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, condominium, apartment, or mobilehome, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "video provider" includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of

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video programming, whatever their technology.

"WCF PROW permit" is a permit authorized under this chapter for a WCF installation in the PROW.

"Wireless communications facility (WCF)" or "wireless facility" means any fixed facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, personal wireless services. A WCF can consist of one or more antennas, accessory equipment and a support structure.

"Wireless regulations" means those regulations adopted by the City Council or Director implementing the provisions of this chapter.

• b. Unless otherwise expressly stated, words, terms, and phrases not defined in this Part 5 will be given their meaning as used in Title 47 of the United States Code, as now existing or hereafter amended, and, if not defined in that code, their meaning as used in Title 47 of the Code of Federal Regulations.

(Prior code § 61040; Ord. 98-519 § 1, 1998; Ord. 18-1053 § 3, 2019)

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