15.10.030 - Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meaning given herein, unless more specifically defined within a specific article or paragraph of this chapter. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meanings.
"Abandon" and its derivatives means, with regard to wireless facilities and transport facilities, and all supporting equipment installed in the public right-of-way (including by way of example but not limited to: poles, wires, conduits, manholes, handholes, cuts, network nodes, node support poles, ground equipment, or any portion thereof) that have been left by a provider in an unused or non-functioning condition for more than one hundred eighty consecutive days unless, after notice to provider, provider has established to the reasonable satisfaction of city that the applicable facility, or portion thereof, is still in active use.
"Affiliate" means each person or entity that falls into one or more of the following categories: (a) a person or entity having, directly or indirectly, a controlling interest in a provider; (b) a person or entity in which provider has, directly or indirectly, a controlling interest; or (c) a person or entity that directly or indirectly is controlled by a third party that also directly or indirectly controls a provider.
"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
"Applicable codes" means: (i) all applicable City Code provisions, policies, and guidelines; (ii) all applicable engineering and safety standards governing the installation, maintenance and operation of facilities and the performance of all work in or around public right-of-way and includes the most current versions of the National Electric Safety Code ("NESC"), the National Electrical Code ("NEC"), the Texas Health and Safety Code, Chapter 752, the rules and regulations of the Occupational Safety and Health Act ("OSHA"); and (iii) any applicable lawful rules, requirements or orders now in effect or hereafter issued by city or other authority having jurisdiction.
"Chapter 284" means Texas Local Government Code, Chapter 284.
"Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
"Concealment" or "camouflage" means any wireless facility or pole that is covered, blended, painted, disguised, camouflaged, or otherwise concealed such that it blends into the surrounding environment and is visually unobtrusive. A concealed or camouflaged wireless facility or pole includes any wireless facility or pole approved by the city as conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to, a wireless facility or pole that is hidden beneath a facade blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches.
"Days" means calendar days unless otherwise specified.
"Decorative pole" means any streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory city ordinances.
"Design district" means an area that is zoned or otherwise designated by the city, and for which the city maintains and enforces unique design and aesthetic standards on a reasonable, uniform and nondiscriminatory basis. Design districts within the city are: Union Plaza, Rim Neighborhood Conservation Overlay, Smart Code Zoned properties, the Downtown District. Additional areas may be designated as design districts by the city at any time.
"Disaster emergency," or "disaster," or "emergency" means an imminent, impending, or actual natural or human-induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to, any declaration of emergency by city, state, or federal governmental authorities.
"Distributed antenna system" or "DAS" means a type of network node.
"Easement" means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes, or any other purpose whatsoever. Easement shall include a private easement used for the provision of utilities.
"Excavation permit" means a permit required under Chapter 13.08, El Paso Code of Ordinances, for cuts or excavations in the public right-of-way and/or any construction activities in the public right-of-way.
"Ground equipment" means any part of a wireless facility or associated equipment that is located on the surface of the ground and, if included in an approved permit application or otherwise approved by the city in writing, an incidental structure to support the wireless facility.
"Highway right-of-way" means right-of-way adjacent to a state or federal highway.
"Historic district" means "historic district" as defined in Section 20.20.020 of the City Code, now or hereafter in effect and areas designated as historic under state or federal law. Historic districts within the city are Austin Terrace, Chihuahuita, Downtown, Magoffin, Manhattan Heights, Mission Trail, Old San Francisco, Sunset Heights, Ysleta, and the several National Register Districts Rio Grande National Register District and the Montana Avenue National Register District. Additional areas may be designated as historic districts by the city at any time.
"Historic landmark" means "historic landmark" as defined in Section 20.20.020 of the City Code, now or hereafter in effect.
"Location" means the city-approved and lawfully permitted location for the network node or node support pole.
"Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter 284 and that supports or is capable of supporting antennas.
"Micro network node" means a network node that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height, and that has an exterior antenna, if any, not longer than eleven inches.
"Modification" or "modify" means any work in the public right-of-way, or alteration of a wireless facility that is not substantially similar in size or is a change in the wireless facility's location in the public right-of-way or its physical position on the pole, except those alterations or changes set forth in Section 15.10.330 that are excepted from requiring a permit under Chapter 284, which do not constitute modifications hereunder.
"Municipal park" means an area that is zoned or otherwise designated by city ordinance or has been dedicated to the city for use as a public park for the purpose of recreational activity.
"Municipally-owned utility pole" means a utility pole owned or operated by a municipally-owned electric utility, as defined by Texas Utilities Code, § 11.003, and located in a public right-of-way.
"Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term:
A. Includes:
1. Equipment associated with wireless communications;
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; and
B. Does not include:
1. An electric generator;
2. A pole; or
3. A macro tower.
"Network provider" means:
A. A wireless service provider; or
B. 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:
1. Network nodes; or
2. 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.
"Permit" means the city's written authorization for the use of public right-of-way or collocation on a service pole for a network provider to perform an action or initiate, continue, or complete a project pursuant to the requirements of this chapter. A permit shall not include an excavation permit.
"Pole" means a service pole, municipally-owned utility pole, node support pole, or utility pole.
"Pre-permit survey" means all work or operations required by applicable codes or the city to determine whether the proposed location of a network node has the structural and spatial ability to accommodate network nodes and related equipment. Such work includes, but is not limited to, field inspection, loading calculations, and administrative processing. The pre-permit survey shall be coordinated with city and include the provider's professional engineer.
"Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
"Provider" has the same meaning as "network provider."
"Public right-of-way" or "right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include:
A. A private easement; or
B. The airwaves above a public right-of-way with regard to wireless telecommunications.
"Scenic area" means "scenic area" as defined in Section 20.02.836 of the City Code, now or hereafter in effect. "Scenic areas" within the city are also designated as "design districts."
"Scenic corridor" means "scenic corridor" as defined in Section 20.02.838 of the City Code, now or hereafter in effect. "Scenic corridors" within the city are also designated as "design districts."
"School" means an educational institution that offers a course of instruction for students in one or more grades from kindergarten through grade twelve.
"Service pole" means a pole, other than a municipally-owned utility pole, owned or operated by the city and located in a public right-of-way, including:
A. A pole that supports traffic control functions;
B. A structure for signage;
C. A pole that supports lighting, other than a decorative pole; and
D. A pole or similar structure owned or operated by the city and supporting only network nodes.
"Small cell" is included as a type of network node.
"Street" means only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A street is generally part of, but smaller in width than the width of, the entire right-of-way. A right-of-way may include sidewalks and utility easements, but a street does not. A street does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
"Streetlight pole" means any standard-design concrete, fiberglass, metal, or wooden pole used for street lighting purposes, owned or operated by city, that is capable of supporting network nodes.
"TAS" means Texas Accessibility Standards.
"Traffic control device" means all signs, signals, markings, or devices placed or erected by the city or a public body having jurisdiction for the purpose of regulating, warning, or guiding traffic.
"Traffic signal" means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.
"Transport facility" means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
"Underground utility district" means an area where poles, overhead wires, and associated overhead or above-ground structures have been removed and buried, or have been approved for burial underground pursuant to city ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing above-ground structures in a public right-of-way.
"Utility pole" means a pole that provides:
A. Electric distribution with a voltage rating of not more than thirty-four and one-half kilovolts; or
B. Services of a telecommunications provider, as defined by Section 51.002, Utilities Code.
"Wireless facilities" means micro network nodes, network nodes, and node support poles, as defined herein and in Chapter 284.
"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 or entity that provides wireless service to the public.
(Ord. No. 18717, § 1, 8-22-2017)
