§ 3-6-37. Definitions.

For purposes of this division, the following terms, phrases, words and their derivations 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 have the common and ordinary meaning.

Abandonment means the permanent cessation of the use of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "abandonment" of a facility in public rights-of-way. It may also mean the discontinued use of obsolete technology in favor of new technology, which would require the removal of the discontinued, abandoned technology.

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

Applicant means any person, firm, partnership or corporation who submits an application to the county for a permit to locate a communications facility in the right-of-way and is a wireless provider.

Applicable codes means 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 or property or injury to persons, and the regulations and design standards contained in this division.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace one (1) or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole.

Communications facility or system means any permanent or temporary plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathways placed or maintained, or to be placed or maintained, upon, under, over, or along any public rights-of-way of the county and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services. This includes any facility that may be used to provide communications services. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one (1) communications facility.

Communications facility provider means a person who is engaged, directly or indirectly, in the business of leasing, licensing, subleasing, subletting or hiring, to one (1) or more communications service providers, all or a portion of the tangible personal property used in a communications facility, including, but not limited to, towers, poles, tower space, antennae, transmitters, and transmission lines placed or maintained upon, under, over, or along any public rights-of-way of the county. Provisions of this division that apply only to communications facility providers shall not apply to communications services providers, even if the communication services provider also operates, licenses, leases, subleases, or sublets communications facilities.

Communications services shall be as defined in F.S. § 202.11(1).

Communications services provider means any person, including a municipality or county, providing communications services through the placement or maintenance of a communications facility in public rights-of-way. communications services provider shall also include any person, including a municipality or county that places or maintains a communications facility in public rights-of-way but does not provide communications services.

Communications services tax means the local communications services tax authorized to be levied and collected by counties and municipalities upon charges for communications services pursuant to F.S. § 202.19.

County means Charlotte County, Florida.

Dealer means a person registered with the Florida Department of Revenue as a provider of communications services in this state.

FCC means the Federal Communications Commission.

In public rights-of-way or in the public rights-of-way means in, on over, under or across the public rights-of-way.

Micro wireless facility means a small wireless facility having dimensions not larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, no longer than eleven (11) inches.

Pass-through provider includes any person (other than a communications services provider) who places or maintains a communications facility in the road or rights-of-way of a municipality or county that levies a tax pursuant to F.S. ch. 202, and who does not remit taxes imposed by that municipality or county pursuant to F.S. ch. 202, as per F.S. § 337.401, as may be amended from time to time. A pass-through provider does not provide communications services to retail customers in the county. Provisions in this division that apply only to pass-through providers shall not apply to communications services providers that provide the services identical or similar to those provided by Pass-through providers.

Person includes any individual, 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, and shall include the county to the extent the county acts as a communications services provider.

Place or maintain or placement or maintenance or placing or maintaining means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate under, over, or along any public rights-of-way of the county. A person that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" facilities in the public rights-of-way.

Public rights-of-way means a public right-of-way, highway, street, bridge, tunnel or alley for which the county is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public rights-of-way" shall not include private property or easements over private property. "Public rights-of-way" shall not include any real or personal county-owned property except as described above and shall not include county buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Registrant means a communications services provider or pass-through provider that has registered with the county in accordance with the provisions of section 3-6-38 of this division and holds an effective registration.

Registration or register means the process described in this division whereby a communications services provider, communications facilities provider or pass-through provider submits certain information to the county as more fully described herein.

Small wireless facility means a wireless facility that meets both 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 antennae 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, cut-off 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 the County grants a waiver for such pole.

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:

(a)

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

(b)

Wireline backhaul facilities; or

(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.

Wireless infrastructure provider means a person certificated by the Florida Public Service Commission (FPSC) 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.

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

Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider means a person who provides wireless services.

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 a utility pole.

(Ord. No. 2017-032, § 2, 6-27-17)