§ 74.209. Definitions.

In this article:

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

Applicable codes means the uniform building, fire, electrical, plumbing, and mechanical codes adopted by the city and adopted by a recognized national code organization and any local amendments to those codes.

Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a right-of-way on or adjacent to a pole.

Design district means an area that is zoned, or otherwise designated by the code, and for which the city maintains and enforces unique design and aesthetic standards.

Designated area means an area of the city designated as a historic district or a design district where the city may require reasonable design or concealment measures for new network nodes or new node support poles.

Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.

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.

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

Municipal park means an area that is zoned or otherwise designated by the code as a public park for the purpose of recreational activity.

Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes: 1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; 2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and 3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: 1) an electric generator; 2) a pole; or 3) a macro tower as defined by V.T.C.A., Local Government Code § 284.002.

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.

Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.

Right-of-way means property that is publicly owned or upon which a governmental entity has an express or implied property interest held for a public purpose. Examples of such public purpose include, by way of example and not limitation highways, streets, sidewalks, drainage facilities, sewerage and water facilities.

Service pole means a pole, other than a municipally owned utility pole, owned or operated by the city and located in a 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.

Utility pole means a pole that provides: 1) electric distribution with a voltage rating of not more than 34.5 kolovolts; or 2) services of a telecommunications provider as defined in Section 51.002 of the Texas Utilities Code.

Wireless facilities means network nodes, node support poles, and related equipment.

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. 2017-56 , § 1, 11-8-17)