§ 110-122. Definitions.

For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:

(1)

Antenna shall mean communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

(2)

Applicable Codes shall mean the Collier County Land Development Code and 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, which have been adopted as part of the Collier County Code of Ordinances and which help implement the requirements of F.S. § 337.401. The term includes objective design standards adopted in this Article that require a new Utility Pole that replaces an existing Utility Pole to be of substantially similar design, material, and color or that require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted in this Article that require a Small Wireless Facility to meet reasonable location context, color, stealth, and concealment requirements.

(3)

Applicant shall mean a person who submits an application and is a Wireless Provider or is an agent of a Wireless Provider.

(4)

Application shall mean a request submitted by an applicant to the County for a permit.

(5)

Arterial Roadway shall mean any street or roadway that constitutes the highest degree of mobility at the highest speed, for long, uninterrupted travel, and constitutes the largest proportion of total travel as per the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Office, as amended, and is owned by the County.

(6)

County Utility Pole shall mean a utility pole owned by the County in the County Rights-of-Way. The term does not include a Utility Pole owned by a municipal electric utility, a Utility Pole used to support municipally owned or operated electric distribution facilities, or a Utility Pole located in the County Rights-of-Way within:

(a)

A retirement community that:

1.

Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b);

2.

Has more than 5,000 residents; and

3.

Has underground utilities for electric transmission or distribution.

(b)

A municipality that:

1.

Has a land area of less than five (5) square miles;

2.

Has less than 10,000 residents; and

3.

Has, before July 1, 2017, received referendum approval to issue debt to finance municipal-wide undergrounding of its utilities for electric transmission or distribution.

(7)

Collector Roadway shall mean any street or roadway that provides a mix of mobility and land access functions, linking major land uses to each other or to the arterial highway system as per the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Office, as amended, and is owned by the County.

(8)

Collocate or collocation shall mean to install, mount, maintain, modify, operate, or replace one or more Wireless Facilities on, under, within, or adjacent to a Wireless Support Structure or Utility Pole. The term does not include the installation of a new Utility Pole or Wireless Support Structure in the County Rights-of-Way.

(9)

Common Side-Lot Lines shall mean a line drawn parallel to the side lot line at the depth of a required side yard setback as delineated in the County's Zoning Regulations.

(10)

Communications Facility means a facility that may be used to provide Communications Services, including Wireless Facilities, Small Wireless Facilities, Micro-Wireless Facilities, and Utility Poles that contain communications elements. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one Communications Facility for purposes of this Article.

(11)

Communication Services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals, including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance, as per F.S. § 202.11, as amended. 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 service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. The term does not include:

(a)

Information services;

(b)

Installation or maintenance of wiring or equipment on a customer's premises;

(c)

The sale or rental of tangible personal property;

(d)

The sale of advertising, including, but not limited to, directory advertising;

(e)

Bad check charges;

(f)

Late payment charges;

(g)

Billing and collection services; and

(h)

Internet access service, electronic mail service, electronic bulletin board service, or similar on-line computer services.

(12)

Communication Services Provider shall mean a person who provides Communication Services and is chartered by the State of Florida, pursuant to F.S. § 362.01. A certificate to provide Competitive Local Exchange Telecommunications (CLEC) service or provide Alternative Access Vender (AAV) services granted by the Public Service Commission does not grant the right to provide Wireless Services.

(13)

County means Collier County, including any agency of or any other entity acting on behalf of the County and any officer, official, employee, agent, representative, or designee of the County, agency, or entity.

(14)

County Rights-of-Way means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, pier, easement, public easement, or similar property in the County, in which the County holds a property interest or over which the County exercises legal control, and for which the County may lawfully grant a right of use to any person for placement of any equipment or facility or similar use. The term "County Rights-of-Way," shall not include any other property owned or controlled by the County, including any building, fixture, structure, or other improvement, regardless of whether it is situated in the County Rights-of-Way.

(15)

Emergency means a condition which poses clear and immediate danger to the life, safety, or health of one or more persons, or poses clear and immediate danger of significant damage to property.

(16)

Emergency Action means any action in the County Rights-of-Way, including repair, replacement, or maintenance of any existing equipment or facility, which is necessary to alleviate an emergency.

(17)

Equipment or Facility means any line, conduit or duct, utility pole, transmission or distribution equipment (e.g., an amplifier, power equipment, optical or electronic equipment, a transmission station, switching or routing equipment), cabinet or pedestal, handhole, manhole, vault, drain, location marker, appurtenance, or other equipment or facility associated with communications services located in the County Rights-of-Way.

(18)

FCC shall mean the Federal Communications Commission.

(19)

Local Roadways shall mean any street or roadway which primarily serves to provide access to adjacent land and service to travel over relatively short distances as compared to Collector Roadways or Arterial Roadways, as per the Federal Functional Classification Map maintained by the State of Florida Department of Transportation District Office, as amended.

(20)

Micro-Wireless Facility shall mean a Small 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.

(21)

Person means any natural person or any association, company, firm, partnership, joint venture, corporation, governmental entity, or other legal entity.

(22)

Small Wireless Facility shall mean a Wireless Facility that meets the following qualifications:

(a)

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

(b)

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.

(23)

Utility Pole shall mean 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 the County grants a waiver for such pole.

(24)

Wireless Facility shall mean 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 or technological configuration, and equipment associated with wireless communications. The term includes Small Wireless Facilities. The term does not include:

(a)

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

(b)

Wireline backhaul facilities; and

(c)

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.

(25)

Wireless Infrastructure Provider shall mean a person who 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 Services Provider.

(26)

Wireless provider shall mean a wireless infrastructure provider or a wireless services provider.

(27)

Wireless Services shall mean any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using Wireless Facilities.

(28)

Wireless Services Provider shall mean a person who provides Wireless Services.

(29)

Wireless Support Structure shall mean 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 a Utility Pole.

To the extent these definitions differ from the definitions set forth in the "Advanced Wireless Infrastructure Deployment Act" as amended, the definitions of the Act shall control.

(Ord. No. 2017-27, § 2)