§ 30-60. Definitions.

For the purposes of this Act, the following words, terms, phrases, and their derivations shall have the meanings given herein. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto throughout this Code of the City of New Orleans. 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 word "shall" is always mandatory and not merely directory.

Act means the Wireless Franchise Act, codified as chapter 30, article II, division 3 of the Code of the City of New Orleans, and also means the ordinance of general application.

Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to authorization from the Federal Communications Commission, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of title 47 of the Code of Federal Regulation.

Antenna equipment means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Antenna facility means an antenna and associated antenna equipment.

Application means the documents submitted by a potential grantee, in the form required by the grantor, requesting permission to use public property or occupy the rights-of-way of the city for the purpose of providing wireless services.

Collocation means

(1)

Mounting or installing an antenna facility on a pre-existing structure, and/or

(2)

Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

Day or days means a calendar day or days.

Director means the director of the department of safety and permits of the city or a duly authorized representative.

Disadvantaged business enterprise or DBE means an entity or individual certified as a socially and economically disadvantaged business through one or more certification program(s) designated by the city.

Emergency means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

Equipment and plant means equipment, plant, fixtures, apparatus, facilities, appliances, and appurtenances common to and used by wireless facilities.

FCC means the Federal Communications Commission, its functional successor in the United States government or a designated representative.

Franchise means the authority granted by ordinance to occupy the public rights-of-way and public property in the city for the use, installation, maintenance and/or repair of wireless facilities, pursuant to the Home Rule Charter.

Franchise fee means the compensation payable by a grantee to a grantor as consideration for the grantor's permission for the grantee to occupy the limited rights-of-way of the city and as compensation for the deterioration in the overall condition of the rights-of-way, the diminution of the life expectancy and the degradation of the useful life of the rights-of-way, the cost of the administration of the franchise and the premature expenditure of public funds for the repair and replacement of such rights-of-way.

Grantee means any person to whom a franchise is granted by the grantor. This term shall not include affiliates, subsidiaries, or entities otherwise related to grantee.

Grantor means the City of New Orleans, as represented by the city council acting within the scope of its authority to grant franchises pursuant to the Home Rule Charter of the City of New Orleans.

LPSC means the Louisiana Public Service Commission or its functional successor in the government of the State of Louisiana.

Occupy, install, maintain, repair and/or operate and upgrade or occupancy, installation, maintenance, repair and/or operation means locate, relocate, erect, string, hang, pull, push, install, dismantle, construct, reconstruct, take down, take off, put, lace, replace, move, remove, dispose of, lay, take up, bury, dig up, retain, enlarge, extend, expand, operate, service, repair, install, maintain, and/or upgrade.

Person means an individual, firm, partnership, association, corporation, company, or organization of any kind or any lawful successor, transferee or assignee of such individual, firm, partnership, association, corporation, company or organization.

Permit means the authority granted by the director to occupy the public rights-of-way and public property in the city for the use, installation, maintenance and/or repair of wireless facilities.

Permit fee means the compensation payable by a permittee to the city as consideration for the permission for the permittee to occupy the limited rights-of-way of the city and the cost of the administration of the permit and the premature expenditure of public funds for the repair and replacement of such rights-of-way.

Permittee means any person that has been granted a permit by the director and shall include a permit applicant and all successors in interest to the permit. Permittee shall include the applicant and all successors in interest to this permit.

Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

Public property means any movable or immovable property owned or controlled by the city or any agency or subdivision thereof.

Public right-of-way or right-of-way means the surface of, the space within, and the space above and below any public street, sidewalk, alley, or other public passage including poles, towers, or other facilities located thereon of any type whatsoever now or hereafter existing as such within the city.

Section means any section, subsection, or provision of this Act.

Site means the location, area, identification, or boundary where a wireless facility is currently located or the location area, identification, or boundary of a proposed wireless facility.

Small wireless facility means a facility that meets each of the following conditions:

(1)

The structure on which antenna facilities are mounted:

(i)

Is 50 feet or less in height, or

(ii)

Is no more than ten percent taller that other adjacent structures, or

(iii)

Is not extended to a height of more than ten percent above its preexisting height as a result of the collocation of new antenna facilities; and

(2)

Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and

(4)

The facility does not require antenna structure registration under part 17 of Title 47 of the Code of Federal Regulations; and

(5)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b) of the Code of Federal Regulations (47 CFR 1.1307).

Subscriber or customer means any person who or which elects to subscribe to or purchase a service provided by the grantee by means of, or in connection with, the grantee's wireless services.

Technically feasible means that by virtue of engineering or spectrum usage, the proposed placement for a wireless facility or its design or site location can be implemented without a reduction in the functionality of the wireless facility.

Utility pole means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage or similar function, or for the collocation of small wireless facilities; provided such term shall not include wireless support structures or electric transmission structures owned by investor-owned utilities.

Wireless facility means (1) equipment at a fixed location that enables wireless communications between user equipment and a communications network including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies and comparable equipment; (2) includes a small wireless facility; and (3) does not include: (a) the structure or improvements on, under or within which the equipment is collocated; (b) a wireline backhaul facility, coaxial cable or fiber-optic cable between wireless support structures or utility poles; or (c) coaxial or fiber-optic cable otherwise not immediately adjacent to, or directly associated with, an antenna. The term "wireless facility" does not apply to any wireless facility exempted from this Act by federal law or state law.

Wireless provider means a wireless infrastructure provider or wireless service provider.

Wireless services means the provision of services to the public using a wireless facility, and shall include, but not limited to, the following services: personal wireless services, cellular service, personal communication service, and/or data radio telecommunications.

Wireless infrastructure provider means a company that has been certified to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless service provider. Wireless service provider, means a company that offers wireless services to the public.

Wireless support structure means a structure, such as a monopole; tower, guyed or self-supporting; billboard; building; or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.

Year means a full calendar year.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)