§ 27-3. Definitions.

For purposes of this chapter, 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. Words not otherwise defined shall be construed to have their common and ordinary meaning.

Abandonment or abandoned means the cessation of all uses of a communications facility for a period of 90 or more consecutive days provided this term shall not include the cessation of all use of a communications facility within a physical structure where the physical structure continues to be used for some purpose or use accessory to the communications 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 be abandonment of a communications facility.

Abut, when used in conjunction with a lot or parcel of land or public rights-of-way, means a lot or parcel of land or public rights-of-way that shares all or a part of a common lot line or boundary line with another lot or parcel of land or public rights-of-way.

Adjacent properties or properties adjacent means (i) those lots or parcels of land that abut another lot or parcel of land or public rights-of-way that is contiguous to a communications facility site or proposed site and (ii) the lots or parcels of land or public rights-of-way that would be contiguous to lots or parcels or public rights-of-way but for an intervening local or collector roadway.

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

Applicant means any person who submits an application to the county for a permit to locate a communications facility within the public rights-of-way.

Arterial roadway means those roadways classified as arterial roadways on the Future Traffic Circulation Map series or pursuant to the functional classification or reclassification procedures and criteria established, pursuant to the comprehensive plan.

As-built plans means a set of drawings submitted upon completion of a project and such drawings reflect all changes made during the construction process, and show the exact dimensions, geometry and location of all elements of the work completed under the permit.

At-grade communications facility means a communications facility, the structure of which is affixed to the ground at grade with a portion of the structure extending vertically above grade. At-grade communications facilities may also, but not necessarily, extend vertically below grade. Utility poles and wireless support structures shall not be considered at-grade communications facilities.

Authority utility pole means a utility pole owned by the county in the public rights-of-way. This term does not include a private utility pole.

Below-grade communications facility means a communication facility that is entirely contained below grade within the public rights-of-way.

Collector roadway means those roadways classified as collector roadways on the Future Traffic Circulation Map series, pursuant to the functional classification or reclassification procedures and criteria established, the comprehensive plan, major collector roadways required, or Pasco County Land Development Code, Section 901.1.

Collocation or collocate or attach means the placement or attachment of a wireless communications facility on any existing structure or authority utility pole, regardless of whether or not there is an existing communications facility located upon the existing structure or authority utility pole. Collocating or attaching a wireless communications facility onto an existing structure or authority utility pole does not automatically transform the existing structure or authority utility pole into a wireless support structure. The term collocation includes the ground or platform installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and any other equipment association with the location and operation of the wireless communications facility.

Communications facility means any tangible thing located in a public rights-of-way that may be used to deliver, route, receive, transmit, amplify or distribute communications services. Multiple cables, conduits, strands, or fibers located within the same conduit shall be considered one communications facility. The term communications facility for the purposes of this chapter shall not include:

(1)

Utility poles;

(2)

Aerial facilities located between utility poles with associated pole attachments which do not provide wireless services; or

(3)

Micro wireless facilities that are suspended on cables strung between existing poles, and that are installed in compliance with applicable laws by a communications services provider authorized to occupy the public rights-of-way and who is remitting taxes under F.S. ch. 202, as amended.

Communications facility provider means a person, other than a communications services provider, who has been certified to provide communications services in the state and operates one or more communications facilities located within the county, and is engaged, directly or indirectly, in the business of leasing, licensing, subleasing, subletting or hiring to one or more communications service providers all or a portion of the tangible personal property used in a communications facility. A communications facility provider can also be a wireless infrastructure provider pursuant to F.S. § 337.401, as amended.

Communications 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 of hereafter devised, regardless of the protocol used for such transmission or conveyances. 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 a voice-over-internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. Notwithstanding the forgoing, the term does not include:

(1)

Information services;

(2)

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

(3)

The sale or rental of tangible personal property;

(4)

The sale of advertising, including, but no limited to, directory advertising;

(5)

Bad check charges;

(6)

Late payment charges;

(7)

Billing and collection services;

(8)

Internet access service, electronic mail service, electronic bulletin board service, or similar online computer services;

(9)

Services used exclusively for the internal communications of an electric utility or other person in the business of transmitting or distributing electric energy; or

(10)

Services used exclusively by a public entity, including the county, to the extent such facilities are utilized on an internal, non-commercial basis by said public entity.

Communications services provider means any person providing communications services through the placement or maintenance of a communications facility in public rights-of-way, including without limitation wireless telecommunication providers and wireless service providers.

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

Consolidated permit application means a single permit application that would otherwise require individual permit applications for the collocation of between two and 30 small wireless communications facilities to existing structures within the public rights-of-way.

Construct or construction means to construct, install, place, excavate or obstruct poles, signs, utility facilities or other physical features, other than landscaping, on, above, within or under any part of the rights-of-way.

Corner lot means a parcel of land at the junction of and abutting on two or more intersecting streets.

Corner yard means that portion of a corner lot, which abuts the street and is not the front yard.

Day(s) means, for purposes of computing any period of time expressed in day(s) in this chapter, the day of the act, event or default from which the designated period of time begins to run shall not be included. 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. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Eligible facilities request means a request to place a wireless communications facility in the public rights-of-way that, in accordance with the definitions contained in FCC regulations codified at 47 C.F.R. § 1.40001, does not substantially change the physical dimensions of the existing structure and is requesting:

(a)

Collocation of new transmission equipment;

(b)

Removal of existing transmission equipment; or

(c)

Replacement of existing transmission equipment.

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.

Emergency action means any action in the public right-of-way, including repair, replacement, or maintenance of any existing equipment or facility, which is necessary to alleviate an emergency.

Existing structure means a structure within the public right-of-way that exists at the time an application to place a communications facility on the preexisting structure is filed with the county. The term includes utility poles and repurposed structures. The term existing structure does not include below-grade communications facilities and at-grade communications facilities, nor facilities or appurtenances ancillary to a utility and its operation. An existing structure is not transformed into a communications facility by the collocation or attachment of a wireless communications facility.

FCC means the Federal Communications Commission.

Front yard means the required open space extending across the entire width of the lot between the front-building line and the street right-of way line. Where double-frontage lots exist, the required front yard shall be provided on both streets.

Graffiti means any inscriptions, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any communications facility whether or not authorized by the registrant of the communications facility.

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

LDC means the county's land development code.

Local roadway means those roads in the county not defined as collector roads, arterial roads, or controlled-access roads.

Lot means land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of the land development code and having its principal frontage in a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as condition of the issuance of a building permit for a building on such land.

Micro wireless facility means a wireless communications facility that provides wireless service that is not larger in dimension than 24 inches in length, 15 inches in width, 12 inches in height, that has an exterior antenna, if any, no longer than 11 inches, and that is suspended on cables strung between existing structures by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting taxes under F.S. ch. 202, as amended

Parcel means any piece of real property that has a single parcel identification number assigned to it by the county property appraiser.

Pass-through provider means any person who places or maintains a communications facility in the public rights-of-way and who does not remit taxes imposed by the county pursuant to F.S. ch. 202, as amended. A pass-through provider can also be a wireless infrastructure provider pursuant to F.S. § 337.401, as amended, and/or a communications facility provider pursuant to this chapter.

Permit means the public right-of-way permit that must be obtained before a person may construct in the public right-of-way and shall include, but not be limited to, right-of-way engineering and construction permits issued by the county administrator or designee.

Person means any natural person or corporate, business association or other business entity, including, but not limited to a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, an utility, a successor or assign of any of the foregoing or any other legal entity 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, extend, expand, remove, occupy, locate, relocate, or significantly alter the configuration of a communications facility. A person who owns or exercises physical control to maintain and repair is placing or maintaining the communications facility. A person providing service only through resale or only through use of a third person's communications facility is not placing or maintaining the communications facility through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute placing or maintaining a communications facility in the public rights-of-way.

Private utility pole means 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 by a person other than the county, county, or Florida Department of Transportation within the public rights-of-way.

Protected place(s) means those areas of the county classified as follows:

a.

Ecological Corridors;

b.

Suncoast Scenic Parkway;

c.

Parcels acquired in fee or less than fee through the county's environmental lands acquisition program;

d.

Designated scenic corridors and those identified in the future; or

e.

Historic sites/cemeteries/resources regardless of registered nationally, with the State of Florida, or locally.

Pole attachment means any attachment of a communications facility by a communications services provider, communications facility provider or a pass-through provider to an existing structure within a public right-of-way.

Public rights-of-way, county rights-of-way means those right-of-ways of public roads under the jurisdiction and control of the county 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 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.

Registrant means any communications services provider, communications facility provider or a pass-through provider who has an active registration with the county.

Registration or register means the process described in this chapter whereby a communications services provider, communications facility provider or pass-through provider provides certain information to the county by which it is determined whether the person will be authorized to obtain permits to place or maintain facilities within the public rights-of-way.

Repurposed 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 through stealth design or otherwise that is approximately in the same location as the existing structure and in such a manner that does not result in a net increase in the number of structures located within the public rights-of-way and does not interfere with pedestrian or vehicular access, and is compliant with applicable laws. Unless stated otherwise, or as otherwise limited by applicable law, all requirements imposed on small wireless communications facilities and wireless support structures shall also apply to repurposed structures. To repurpose an existing structure shall mean the act of renovating, reconfiguring or replacing an existing structure as described above. The provider attaching its communications facilities to the repurposed structure shall be responsible for registration and permitting requirements of this chapter.

Residential block means the lots that abut or are contiguous to a portion of a public right-of-way within all land zoned Agricultural (A-C, AC-1, A-R, AR-1, AR-5, AR-5MH) or Residential (E-R, ER-2, R-MH, R-1MH, R-2MH, R-1, R-2, R-3, R-4, MF-1, MF-2, MF-3) or any areas designated residential within an MPUD when used only for residential purposes. Residential block also includes public rights-of-way that are contiguous to the aforementioned zoning districts.

Shroud means a covering or enclosure of the otherwise exposed antenna and associated equipment collocated on an existing structure or wireless support structure.

Signage means any display of characters, ornamentation, letters or other display such as, but not limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as an advertisement, announcement, or to indicate directions, including the structure or frame used in the display. The term signage shall not include identification of the owner and contact information of the wireless communications facility provider, or identification of wires, cables, etc., necessary to aid in safety or hazard work or maintenance or repair work of the communications facility.

Small wireless communications facility means a wireless communications facility that meets the following qualifications:

(1)

Each antenna associated with the facility is 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)

All other wireless equipment associated with the facility is cumulatively no more than 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.

Stealth design means a method of camouflaging any tower, antenna or other communications facility, including, but not limited to, supporting electrical or mechanical equipment, which is designed to enhance compatibility with adjacent land uses and be as visually unobtrusive as possible. Stealth design may include, without limitation, a repurposed structure, a wrap, a shroud, fencing, vegetation or a combination of these techniques or other techniques acceptable to the county.

Surrounding neighborhood means the area within a 500 foot radius of a communications facility site or proposed communications facility site.

Utility means any person or entity that is a local exchange carrier or an electric, gas, water, wastewater, steam or other public utility, and who owns or operates appurtenant facilities or equipment that are situated with the public rights-of-way for transmission of such utility's goods, commodities or services.

Utility pole means a pole or similar structure used in whole or in part to provide communications services or electric distribution, lighting, traffic control, signage, or similar function. This term includes the vertical support structure for traffic lights, but does not include any horizontal structures upon which are attached signal lights or other traffic control devices and does not include any pole or similar structure 15 feet in height or less.

Wireless communications facility means any communications facility 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 powers supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communication. This term does not include:

(a)

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

(b)

Wireless backhaul facilities;

(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;

(d)

Below-grade communications facilities; or

(e)

At-grade communications facilities.

Wireless service means communications services provided using licensed or unlicensed spectrum using wireless facilities. The term does not include dispatch service in a more localized, non-cellular configuration; data only, one-way or stored-voice services on an interconnected basis; air-to-ground services; or public coast stations.

Wireless service provider means a person duly authorized and licensed by the FCC to deliver wireless service. A wireless service provider is a type of communications services provider.

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 communications facilities. This term shall not include: Repurposed structures, utility poles, pedestrian signalized poles or signalized intersection poles, masts, or similar vertical structures that have a primary purpose or function independent of supporting a wireless communications facility. A wireless support structure would typically be used to support DAS or small cell systems, when collocation to an existing structure is not utilized.

Wrap means an aesthetic covering depicting scenic imagery such as vegetation, which blends with the surrounding area and does not contain any advertising.

(Ord. No. 17-51, § 3, 12-12-17)