13.24.003 – Definitions

As used in this chapter, the following terms shall have the following meanings:

“Act" means the Small Wireless Facilities Deployment Act ( Public Act 100- 585).

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

“Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.

“Applicant" means any person who submits an application and is a wireless provider.

“Application" means a request submitted by an applicant to the City for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.

“Authority" means the City or other unit of local government that has jurisdiction and control for use of public rights-of-way as provided by the Illinois Highway Code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way.

“City" means the City of St. Charles, DuPage and Kane Counties, Illinois.

“City utility pole" means a utility pole owned or operated by the City in public rights-of-way.

“Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole, whether existing or new.

“Communications service" means cable service, as defined in 47 U. S.C. 522(6), as amended; information service, as defined in 47 U. S.C. 153( 24), as amended; telecommunications service, as defined in 47 U. S.C. 153( 53), as amended; mobile service, as defined in 47 U. S. C. 153( 33), as amended; or wireless service other than mobile service.

“Communications service provider" means a cable operator, as defined in 47 U. S.C. 522( 5), as amended; a provider of information service, as defined in 47 U. S.C. 153( 24), as amended; a telecommunications carrier, as defined in 47 U. S. C. 153( 51), as amended; or a wireless provider.

“FCC" means the Federal Communications Commission of the United States.

“Fee" means a one-time charge.

“Historic district" or " historic landmark" means a building, property, or site, or group of buildings, properties, or sites that are either ( i) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI. D. 1. a. i through Section VI. D. 1. a. v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C; or ( ii) designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the City pursuant to a preservation program that meets the requirements of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.

“Law" means a federal or State statute, common law, code, rule, regulation, order, or local ordinance or resolution.

“Micro wireless facility" means a small wireless facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, no longer than eleven (11) inches.

“Permit" means a written authorization required by the City or other permitting authority to perform an action or initiate, continue, or complete a project. Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

“Public safety agency" means the functional division of the federal government, the State, a unit of local government, or a special purpose district located in whole or in part within this State, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.

“Public Utility" shall have the same meaning as set forth in Section 3- 105 of the Public Utilities Act, 220 ILCS 5/ 3- 105.

“Rate" means a recurring charge.

“Right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. "Right-of-way" does not include authority-owned aerial lines.

“Small wireless facility" means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume 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 six ( 6) cubic feet; and ( ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty-five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

“Structural Engineer" means a person licensed under the laws of the State of Illinois to practice structural engineering.

“Utility pole" means a pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.

“Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. ' Wireless facility" includes small wireless facilities. “Wireless facility" does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.

“Wireless infrastructure provider" means any person authorized to provide telecommunications service in the State that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the City.

“Wireless provider" means a wireless infrastructure provider and/ or a wireless services provider. This does not include, and expressly excludes, any person who is providing service to or for a private niche market.

“Wireless services" means any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.

“Wireless services provider" means a person who provides wireless services.

“Wireless support structure" means a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. “Wireless support structure" does not include a utility pole.

 

(2018-M-28: § 2)