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“Accessory equipment” means any equipment, other than an antenna, used in conjunction with a wireless communications facility. The term includes, but is not limited to, the following: radios, power amplifiers, fiber optic and coaxial cables, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, pedestals, meters, vaults, splice boxes, grounding equipment, cut-off switches and other similar pieces of equipment.

“Antenna” means communication equipment that transmits or receives radio frequency signals used in the provision of wireless communications service.

“Applicant” means a person who has applied for a small cell permit or a modification permit pursuant to this chapter.

“City light pole” means a light pole owned by the city and located in the right-of-way.

“Collocation” means the placement or installation of transmission equipment on an existing pole.

“Day” means calendar day.

“Department” means the department of public works.

“Director” means the director of public works or his designee.

“Eligible facilities request” means a request to modify a permitted small cell facility that involves (1) collocation of new transmission equipment, (2) removal of transmission equipment or (3) replacement of transmission equipment. An “eligible facilities request” does not mean or include any proposed modification that substantially changes the physical dimensions of the permitted facility. A proposed modification “substantially changes” the physical dimensions of the facility if it: (1) increases the structure’s height by more than 10 percent or more than 10 feet, whichever is greater; (2) adds an appurtenance to the body of the existing structure that would protrude from the edge of the structure by more than six feet; (3) adds more than the standard number of new equipment cabinets for the technology involved, or more than four cabinets; (4) installs equipment cabinets on the ground if there are not equipment cabinets on the ground associated with the existing facility; (5) installs new ground cabinets that are more than 10 percent larger in height or volume than any ground cabinets associated with the existing facility; (6) excavates or deploys transmission equipment outside the location of the existing facility; or (7) defeats any elements that conceal the transmission equipment on the existing facility. An eligible facilities request does not mean or include replacement of the pole.

“FCC” means the Federal Communications Commission.

“Light pole” means a pole designed and primarily used to support lighting for the illumination of streets and sidewalks. The term does not include poles designed and primarily used to support traffic signals.

“Permittee” means a person who is granted a small cell permit or modification permit pursuant to this chapter.

“Person” means any natural person, corporation, business entity, partnership or governmental entity.

“Pole” means a single shaft of wood, steel, or concrete or other material capable of supporting the equipment mounted thereon, without guy wires, in a safe and adequate manner, and includes utility poles and light poles as defined herein.

“Public health compliance standard” means (1) any potential exposure to radio frequency emissions from a proposed small cell facility is within FCC guidelines and (2) any noise generated by or emanating from the small cell facility, at any time of the day or night, is not greater than 45 dBA as measured at a distance of three feet from any residential building façade.

“Right-of-way” means land acquired or dedicated for public roads and streets, but does not include:

1. State highways;

2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;

3. Vacated streets, except utility easements retained therein through the vacation process;

4. Structures, including poles and conduits, located within the right-of-way;

5. Federally granted trust lands or forest board trust lands;

6. Lands owned or managed by the State Parks and Recreation Commission; or

7. Federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use.

“SEPA” means the State Environmental Policy Act, Chapter 43.21C RCW, as adopted by the city of Bellingham.*

“Small cell facility” means a small wireless communications facility designed for attachment to a light pole or utility pole located within the right-of-way.

“Small cell network” means a collection of interrelated small cell facilities designed to deliver personal wireless services.

“Transmission equipment” means equipment that facilitates transmission of wireless communications services, including, but not limited to, antennas and accessory equipment.

“Utility pole” means a pole located in the right-of-way that is designed and primarily used for the support of electrical power lines, telephone wires, television cables or wireless communications facilities.

“Wireless communications facility” means transmission equipment, installed at a fixed location, which provides or facilitates the provision of wireless communications services.

“Wireless communications services” (or “wireless services”) means FCC licensed or authorized wireless services, including personal wireless services as defined in 47 U.S.C. Section 332.

“Wireless provider” means any person who provides wireless service or who owns, operates, or manages wireless communications facilities. [Ord. 2018-09-014 § 1].

* Code reviser’s note: This section has been editorially amended to make clerical corrections per the intent of the city.