12.34.020 Definitions.
Terms used in this Chapter shall have the following meanings:
A. "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
B. "Broadband" means any type of Internet Service except dial-up. According to the FCC, an Internet Service must deliver at least 25 Mbps download speed and at least 3 Mbps upload speed to qualify as broadband.
C. "Cable Acts" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of The Telecommunications Act of 1996, and as hereafter amended.
D. "Cable Operator" means a Person providing or offering to provide "Cable Service" within the County as that term is defined in the Federal Cable Acts.
E. "Cable Service" shall have the same meaning as defined in the Federal Cable Acts.
F. "County" means the County of Pierce, State of Washington.
G. "County Property" means any real property owned by County, whether in fee or other ownership estate of interest.
H. "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other Utility Facility within the right-of-way that is or will be available for use for additional Telecommunications Facilities.
I. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee Telecommunications Carriers, Services and providers on a national level.
J. "Grantee" encompasses those franchisees granted certain rights and obligations as more fully described herein.
K. "Washington Utilities and Transportation Commission" or "WUTC" means the state administrative agency, or lawful successor, authorized to regulate and oversee Telecommunications Carriers, Services, and Providers in the State of Washington to the extent prescribed by law.
L. "Overhead Facilities" means Utility Facilities and Telecommunications Facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
M. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
N. "Right-of-Way" means the surface of and space above and below all public streets, public ways, highways, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways and any public or utility easements established, dedicated or devoted for public utility purposes.
O. "Small Wireless Facilities" means facilities that meet the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas; or
b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than 3 cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under federal law;
5. The facilities are not located on Tribal land as defined under federal law; and
6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified under federal law.
P. "State" means the State of Washington.
Q. "Surplus Space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of regulatory agencies with applicable jurisdiction, to allow its use by a Telecommunications Carrier for a pole attachment.
R. "Telecommunications Carrier" includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the County, used or to be used for the purpose of offering Telecommunications Service.
S. "Telecommunications Facilities or Telecommunications System" means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer Telecommunications Service.
T. "Telecommunications Provider" includes every person who provides Telecommunications Service over Telecommunications Facilities.
U. "Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
V. "Underground Facilities" means Utility and Telecommunications Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
W. "Underserved Area" means an area of the County where internet service does not meet the FCC minimum broadband criteria of a speed of 3 Mbps Upload and 25 Mbps Download.
X. "Unserved Area" means an area of the County where no Internet Service is available, except for dial-up or that provided by satellite.
Y. "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the WUTC.
Z. "Utility Facilities" means the plant, equipment, and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility services or Telecommunications Services including Telecommunication Facilities.