§ 7-282. Definitions.

For the purpose of this article, the following terms, phrases, words and derivations shall have the meanings given. 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 otherwise defined in this section or in any permit that might be granted pursuant to this article shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., the Telecommunications Act of 1996 and rules and orders of the Federal Communications Commission, each as may be amended (collectively the "Communications Act"), and, if not defined in the Communications Act, as defined by the Florida Statutes; and, if not defined by the Florida Statutes, it will be construed to mean the common and ordinary meaning.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless service.

Applicable standards means the Florida Building Code, latest Broward County Edition or any successor code; the State of Florida Department of Transportation Utility Accommodation Manual; National Electric Safety Code; National Electric Code; Electronic Industry Association/Telecommunications Industry Association Standard for wind load; Florida Fire Prevention Code; and National Fire Protection Association Code.

At-grade communications facility means a communications facility, the structure of which is affixed to the ground at-grade with a portion of the structure extending vertically above grade. At-grade communications facilities may also, but not necessarily, extend vertically below grade. Utility poles and wireless support structures shall not be considered at-grade communications facilities.

City means the City of Sunrise, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

Collocation or collocate means to install, mount, maintain, modify, operate, or replace one (1) or more communications facilities providing wireless services on, under, within, or adjacent to a utility pole, or other pole, tower or structure designed to support or capable of supporting wireless communications facilities. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.

Communications facility or facility shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, towers, support structures, antennas, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathways used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. Communications facilities may be wired, wireless or both.

Communications services shall have the same meaning as provided in F.S. Chapter 202, and shall include wireless services as defined in this article.

Communications services provider shall mean any person who, upon registering with the city, places or maintains a communications facility in the public rights-of-way.

Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, and all orders, rules, tariffs, guidelines and regulations issued by the federal communications commission or the governing state authority.

Micro wireless facility means a wireless facility that provides wireless service that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, twelve (12) inches in height, that has an exterior antenna, if any, no longer than eleven (11) inches, and that is suspended on cables strung between existing utility poles in compliance with applicable standards by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting taxes under F.S. Chapter 202.

Neutral host shall refer to any person that leases communications facilities or space on such facilities, to another party to facilitate that party's provision of "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i), or "wireless service" as defined in F.S. § 365.172.

Pass-through provider has the same meaning as provided in F.S. § 337.401(6)(a)1.

Person means any individual, corporation, partnership, association, joint venture, estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, and all other groups or combinations, but shall not mean the city.

Public rights-of-way means the surface, the airspace above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, swale, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, public easement, public place, or any other property for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law. "Public rights-of-way" shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, or other structures or improvements, regardless of whether they are situated in the public rights-of-way. Public rights-of-way" shall not include roads or rights-of-way that extend in or through the city but are state, county, or another authority's roads or rights-of-way.

Registrant or facility owner (collectively hereinafter referred to as "registrant") shall mean a communications services company or other person which seeks to use or occupy the public rights-of-way that has registered with the city in accordance with the provisions of this article.

Registration and register shall mean the process described in section 7-283 whereby a service communications services provider provides certain information to the city.

Small wireless facility means a wireless facility that meets the following qualifications:

(1)

Each antenna associated with the facility is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters; concealment elements; telecommunications demarcation boxes; ground-based enclosures; grounding equipment; power transfer switches, cutoff switches; vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Utility pole means a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure fifteen (15) feet in height or less unless an authority grants a waiver for such pole. A utility pole is not transformed into a communications facility by the collocation or attachment of a communications facility.

Visually unobtrusive facility means any wireless facility, utility pole, or other wireless support structure that is designed in such a manner that such wireless facility, utility pole, or other wireless support structure is compatible with the surrounding environment and minimizes any negative visual impact on the surrounding environment. Visually unobtrusive facilities shall be utilized in order to minimize their visual impact and to preserve compatibility with the surrounding environment. Examples of visually unobtrusive facilities include, but are not limited to: top mounted antennas with enclosures that do not extend the diameter of the supporting utility pole or wireless support structure at the level of the antenna attachment; side mounted antennas within enclosures that do not extend more than two (2) feet beyond the exterior dimensions of the supporting structure at the level of the antenna attachment; and utility poles or wireless support structures that are of substantially the same design, material, and color of other utility poles and support structures in the surrounding environment. If the city has a documented plan to replace utility poles and support structures in the subject public right-of-way, the proposed utility pole or wireless support structure shall conform to the city's design, material, and color. Subject to approval by the city, additional visually unobtrusive features may be proposed by the applicant based on unique circumstances applicable to the proposed facility, utility pole, or wireless support structure, including: architecturally screened antennas; antennas integrated into architectural elements; communications facilities that are designed to look like light poles; power poles; flag poles; clock towers; trees; foliage and vegetation based on conditions of the specific area where the facility, utility pole, or wireless support structure is to be located; equipment wraps; and fencing.

Wireless facility means any communications facility at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antenna, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communication. The term includes small wireless communications facilities. The term does not include:

(1)

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

(2)

Wireline backhaul facilities;

(3)

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna;

(4)

Below-grade communications facilities; or

(5)

At-grade communication facilities.

Wireless services shall include, without limitation, "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i), "wireless service" as defined in F.S. § 365.172, "wireless services" as defined in F.S. § 337.401(7), and services provided by a neutral host to facilitate the provision of such personal wireless or wireless services by another entity.

Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless communications facilities. The term does not include a utility pole.

(Ord. No. 456, § 2, 12-26-00; Ord. No. 456-17-A, § 5, 2-14-17; Ord. No. 456-17-B, § 2, 11-14-17)