Definitions.

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As used in this part 4, unless the context otherwise requires:

(1) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service.

(1.5) "Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service.

(2) "Broadband service" has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and for the purposes of this section includes:

  1. "Cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014;

  2. "Telecommunications service", as defined in 47 U.S.C. sec. 153 as of August 6,

2014; and

  1. "Wireless service", which means data and telecommunications services, includingcommercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as all of these terms are defined by federal law and regulations.

(3) "Collocation" means the mounting or installation of broadband service equipment on a tower, building, or structure with existing broadband service equipment for the purpose of transmitting or receiving radio frequency signals for communications purposes.

(3.5) "Micro wireless facility" means a small wireless facility that is no larger in dimensions than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length.

(4) (a) "Small cell facility" means either:

  1. A personal wireless service facility as defined by the federal "Telecommunications

Act of 1996", as amended as of August 6, 2014; or

  1. A wireless service facility that meets both of the following qualifications:

  1. Each antenna is located inside an enclosure of no more than three cubic feet involume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

  2. Primary equipment enclosures are no larger than seventeen cubic feet in volume.The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

(b) "Small cell facility" includes a micro wireless facility.

  1. "Small cell network" means a collection of interrelated small cell facilities designedto deliver wireless service.

  2. "Structure" means any facility, tower, pole, building, or other structure constructedfor the sole or primary purpose of supporting broadband facilities or wireless service facilities.

(6.5) "Tower" means any structure built for the sole or primary purpose of supporting antennas licensed or authorized by the federal communications commission and the antennas' associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services; unlicensed wireless services; fixed wireless services such as backhaul; and the associated site.

(7) "Wireless service facility" means a facility for the provision of wireless services; except that "wireless service facility" does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular antenna.

Source: L. 2014: Entire part added, (HB 14-1327), ch. 149, p. 505, § 2, effective August

6. L. 2017: (1), (4), and (7) amended and (1.5), (3.5), and (6.5) added, (HB 17-1193), ch. 143, p. 474, § 2, effective July 1.


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