Sec. 711.403 - Definitions.

For purposes of this Part, the following terms, phrases, words and their derivations (whether capitalized in this Part or not) shall have the meanings given. Where 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 shall be construed to mean the common and ordinary meaning. (a) Abandonment or Abandoned means the cessation of all uses of a Communications Facility or Small Wireless Facility for a period of 180 or more consecutive days provided this term shall not include the cessation of all use of a Communication Facility within a physical structure where the physical structure continues to be used for some purpose or use accessory to the Communications Facility or Small Wireless Facility. By way of example, cessation of all use of a cable within a conduit, where the conduit continues to be used for some purpose or use accessory to the Communications Facility, shall not constitute Abandonment of a Communications Facility. A Wireless Infrastructure Provider's failure to have a Wireless Service Provider provide service through a Small Wireless Facility Collocated on a Small Wireless Utility Pole within nine months after the application is approved in accordance with F.S. Section 337.401(7)(j), shall constitute Abandonment. The terms Abandonment or Abandoned are not intended to include a Service Drop from a potential or existing customer in the event the Provider reasonably anticipates future use of the Service Drop. (b) Adjacent Properties or Properties Adjacent means (i) those lots or parcels that abut another lot, parcel or City Rights-of-Way that is contiguous to a Communication Facility site or proposed site and (ii) the lots, parcels or City Rights-of-Way that would be contiguous to lots, parcels or City Rights-of-Way but for an intervening City Rights-of-Way. (c) Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing Wireless Services. (d) Applicable Codes means the uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, and includes the National Electric Safety Code and the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual. (e) Applicant means any Person who submits an application to the City for an effective Registration or a Permit to place, maintain or Collocate a Communications Facility or a Collocated Small Wireless Facility or Small Wireless Sole Purpose New Utility Poles in the City Rights-of-Way. (f) Application means a request submitted by an applicant to the City for a Permit to place, maintain, or Collocate a Communication Facility or Small Wireless Utility Pole under this Part. (g) As-built Plans means a set of drawings in a format as specified by the Director submitted by the Applicant upon completion of a project which drawings reflect all changes to original plans made during the construction process, and show the exact dimensions, geometry and location of all elements of the work completed under the Permit. (h) Associated Equipment" shall mean equipment associated with a Small Wireless Facility, but shall not include 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 associated with a Small Wireless Facility. (i) At-grade Facility means a Communication Facility, the structure of which is affixed to the ground at-grade with a portion of the structure extending vertically above grade. At-grade Facilities may also, but need not necessarily, extend vertically below grade. Collocated Small Wireless Facilities or Small Wireless Sole Purpose New Utility Poles shall not be considered At-grade Facilities. (j) Below-grade Facility means a Communication Facility, including manholes or access points that are entirely contained below-grade within the City Rights-of-way. A Below-grade Facility is a type of Wireline Facility. (k) Chapter means Chapter 711 (City Rights-of-Way) of the Ordinance Code. (l) City means Jacksonville, Florida, a consolidated County and City existing as a municipal corporation and excluding Urban Services Districts 2, 3, 4 and 5. (m) City Rights-of-Way means land in which the City owns the fee or has an easement devoted to or required for the use as a Transportation Facility and may lawfully grant access pursuant to applicable law, or under the control and jurisdiction of the Florida Department of Transportation provided that the City is authorized to apply this Ordinance under a permit-delegation agreement in accordance with Section 337.401(1)(a), Florida Statutes, and includes the surface, the air space over the surface and the area below the surface of such rights-of-way. For purposes of this definition, Transportation Facility means any public way predominately associated with the vehicular transportation of people, goods or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. The term City Rights-of-Way shall not include: (1) City, State, or federal rights-of-way unless the City has been properly delegated authority to issue Permits for structures within those rights-of-way, unless prohibited by State or federal law; (2) platted utility easements that are not part of a dedicated Transportation Facility right-of-way; (3) platted but unopened Transportation Facility rights-of-way; (4) property owned by a Person other than the City; (5) service entrances or driveways leading from the road or street onto Adjacent Property; or (6) any real or personal City property except as described above and shall not include City buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the City's Rights-of-Way except as allowed by this Part or applicable State or federal law. (n) City Utility Pole means a Utility Pole that is owned by the City and located in the City's rights-of-way. This term does not include a Private Utility Pole or a Small Wireless Sole Purpose New Utility Pole. (o) Collocate or Collocation means to install, mount, maintain, modify, operate, or replace one or more Small Wireless Facilities on, under, within, or adjacent to a City or JEA Utility Pole. The term does not include the installation of a Small Wireless Sole Purpose New Utility Pole in the City's rights-of-way. (p) Communications Services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, Wireless Services, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such services is referred to a voice-over-internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. Notwithstanding the foregoing, the term does not include: i. Information services; ii. Installation or maintenance of wiring or equipment on a customer's premises; iii. The sale or rental of tangible personal property; iv. The sale of advertising, including, but not limited to, directory advertising; v. Bad check charges; vi. Late payment charges; vii. Billing and collection services; or viii. Internet access service, electronic mail service, electronic bulletin board service, or similar online computer services. (q) Communications Services Provider or Provider means any Person providing Communications Services through the placement, maintenance or collocation of a Communications Facility or Small Wireless Facility in City Rights-of-Way, including, but not limited to, a Wireless Infrastructure Provider, Wireless Services Provider and a Pass-through Provider, but shall not include facilities owned or operated by a governmental entity or agency unless such facility is used for the commercial business of providing Communication Services to third party consumers. (r) Communications Facility or Facility or System means any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, Utility Poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, Wireless Facilities, Small Wireless Facilities, Underground Communications Facility, Small Wireless Sole Purpose New Utility Pole and other equipment or pathway placed, maintained or Collocated or to be placed, maintained or Collocated in the City's Rights-of-Way and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services, but shall not include facilities owned or operated by a governmental entity or agency unless such facility is used for the commercial business of providing Communication Services to third party consumers. Notwithstanding the foregoing, such facilities shall not include fiber-optic cable owned or installed by a governmental entity or agency, even if a portion of the fibers are leased or licensed to (or otherwise used by) a third party engaged in the commercial business of providing Communication Services to third party consumers. (s) Consolidated Permit Application means a single Permit application that would otherwise require individual Permit applications for Collocation of between two and 30 Small Wireless Facilities on Existing Structures within the City's Rights-of-Way. (t) Days means, for purposes of computing any period of time expressed in day(s) in this Part, the day of the act, event or default from which the designated period of time begins to run shall not be included and the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. (u) Director means the Director of the Department of Planning and Development or Public Works, or his or her designee, as designated by the Mayor. (v) Existing Structures means a City, JEA or Private Utility Pole within the City's Rights-of-Way that exists at the time an application to place a Communications Facility on that Utility Pole is filed with the City. The term includes Replacement Poles. The term does not include At-Grade Facilities, Below-grade Facilities, or Wireline Facilities. (w) FCC shall mean the Federal Communications Commission. (x) In City Rights-of-Way or in the City's Rights-of-Way mean in, on, over, under or across a City Right-of-Way and includes the placement, maintenance or collocation of Communications Facilities and Small Wireless Sole Purpose New Utility Pole under this Part. (y) JEA Pole shall mean a Utility Pole located in the City's Rights-of-Way and owned or controlled by JEA and used solely or in combination for the transmission or distribution of electrical utilities or as a streetlight. This term includes Replacement Poles. (z) Limited Work shall mean (i) routine maintenance, which shall mean the performance of service restoration work on existing facilities, or repair work, including, but not limited to, emergency repairs of existing facilities or extensions of such facilities for providing Communication Services to customers; (ii) replacement of an existing Wireless Facility with a Wireless Facility that is substantially similar or of the same or smaller size; or (iii) installation, placement, maintenance or replacement of a Micro Wireless Facility that is suspended on cable strung between Existing Structures in compliance with applicable codes by or for a properly registered Communications Services Provider. (aa) Micro Wireless Facility means a Wireless Facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches, or a wireline pole attachment installation located in the communications space on a Utility Pole or associated aerial facilities between such pole attachments that do not provide Wireless Services. (bb) Pass-Through Facilities means Communications Facilities that merely pass through the City from one point to another point and from which no revenues are directly attributable to subscribers or other carriers within the City. (cc) Pass-Through Provider means any Person, municipality or County that places or maintains a Communications Facility in the City's Rights-of-Way but who does not provide Communications Services, including for example a company that places "dark fiber" or conduit in the City Rights-of-Way and leases or otherwise provides those facilities to another company that does provide Communications Services to an end user in the City. This definition of "Pass-through Provider" is intended to include any Person that places or maintains "Pass-through Facilities" in the City Rights-of-Way, but does not provide Communications Services to an end user within the corporate limits of the City. (dd) Person means any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations. (ee) Place, maintain or Collocate or placement, maintenance or collocation or placing, maintaining or collocating shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, Collocate, or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in City Rights-of-Way, such as the physical control to maintain and repair, is "placing, maintaining or collocating" the Communications Facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing, maintaining or collocating" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the City's Rights-of-Way constitutes "placing, maintaining or collocating" Communications Facilities in the City's Rights-of-Way. (ff) Private Utility Pole means a Utility Pole owned by a Person other than the City or JEA within the City's Rights-of-Way. (gg) Registrant means a Communications Services Provider that has Registered with the City in accordance with the provisions of this Part. (hh) Registration or Register means the process described in this Part whereby a Communications Services Provider provides certain information and documentation to the City for review and approval. (ii) Replacement Structure means an Existing Structure that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of Communications Facilities that is approximately in the same location and serving the same function(s) as the Existing Structure and in such a manner that does not result in a net increase in the number of Utility Poles located within the City Rights-of-Way, does not interfere with pedestrian or vehicular access and complies with Applicable Codes. The Replacement Structure remains the property of the owner of the Existing Structure prior to the repurposing, unless ownership otherwise lawfully changes. (jj) Service Drop means the extension of a Wireline Facility from the City Rights-of-Way to a lot or parcel located outside of the City Rights-of-Way. (kk) Small Wireless Facility means a Wireless Facility sought to be located in the City's Rights-of-Way pursuant to the Advanced Wireless Infrastructure Deployment Act of 2017, as amended, and shall meet the following qualifications: 1) Antennae associated with the facility must be located inside an enclosure of no more than six 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 cubic feet in volume; and 2) When associated with the objective design standards found in Subparts D and E, all other Wireless Equipment associated with the facility is cumulatively no more than 28 cubic feet in volume; and 3) Complies with the objective design standards and criteria located in subparts D and E of this Part. (ll) Small Wireless Sole Purpose New Utility Pole shall mean a new Utility Pole placed in the City's Rights-of-Way that is intended to be exclusively used to support the location of a Small Wireless Facility and that is permitted pursuant to the provisions of Subparts C and E of this Part. (mm) State means, as indicated by the context used, either Florida, as a geographic location, or the State of Florida, as a legal entity. (nn) Surrounding Neighborhood means the area within a 500-foot radius of a Communications Facility site or proposed Communications Facility site. (oo) Underground Communications Facility means any Communication Facilities that are placed and maintained underground in the City Rights-of-Way under Subpart B of this Part, including but not limited to, Below-grade Facilities. This term does not include Small Wireless Facilities or Small Wireless Sole Purpose New Utility Poles that are placed, maintained or Collocated in the City Rights-of-Way under Subparts C, D and E of this Part. (pp) 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 15 feet in height or less. Additionally, the term does not include any form of "acorn" decorative light fixture pole used by the City or JEA. (qq) Wireless Equipment means all Associated Equipment and 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 all other similar equipment servicing the Small Wireless Facility. (rr) Wireless Facility means equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, 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 communications. The term includes Small Wireless 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; or 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) Facilities owned or operated by a governmental entity or agency unless such facility is used for the commercial business of providing Communication Services to third party consumers. Notwithstanding anything herein to the contrary, Wireless Facilities shall not include fiber-optic cable owned or installed by a governmental entity or agency, even if a portion of the fibers are leased or licensed to (or otherwise used by) a third party engaged in the commercial business of providing Communication Services to third party consumers. (ss) Wireless Infrastructure Provider means a person who has been certificated 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 services provider. (tt) Wireless Provider means a Wireless Infrastructure Provider or a Wireless Services Provider. (uu) Wireless Services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using Wireless Facilities, for the commercial business of providing Communication Services to third-party consumers. (vv) "Wireless Services Provider" means a person who provides Wireless Services. (ww) 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 Facilities. The term does not include Associated Equipment, a Utility Pole or Small Wireless Sole Purpose New Utility Poles. (xx) Wrap means the aesthetic covering approved by the City depicting scenic imagery such as vegetation, which blends with the surrounding area. A Wrap design may also be proposed by the Applicant by requesting a waiver pursuant to this Part. Imagery in a Wrap may not contain any signage. (Ord. 2017-863-E , § 4; Ord. 2019-770-E , § 1)