§ 15-280. Definitions.

For purposes of this article, the following words and phrases shall have the following meanings:

Cable service is defined as set forth in 47 U.S.C. Section 522(6), and amendments thereto.

City means the City of Manhattan, Kansas.

Distributed antenna system ("DAS") facility or facilities means certain components of the network consisting of distributed antenna systems which may be located on existing or new streetlights, stand-alone poles, third party utility poles, and other structures located on or within the ROW as permitted under this contract franchise ordinance, and which will be connected to underground and aboveground fiber optic cable, fiber handholes and enclosures, fiber repeaters and related equipment.

Facility or facilities means any portion or component of the network located in, along, over, upon, under, or through the public right-of-way.

Franchise fee means the fees established under this article for each grant of access to the public rights-of-way.

Cox Wireless Access, L.L.C. means the franchisee, Cox Wireless Access, L.L.C., a wholly owned subsidiary of Cox Communications, Inc. a Delaware corporation.

Network means the franchisee's fiber network and distributed antenna system facilities or small wireless facilities, including the antenna nodes, poles, equipment cabinets, underground and aboveground fiber optic cable, wires, lines, fiber handholes and enclosures, fiber repeaters and related equipment and appurtenance, and similar facilities and appurtenances, designed, constructed or occupied for the purpose of producing, receiving, amplifying or distributing telecommunications service to or from locations within the city.

Law(s) means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the city or other governmental entity or agency having joint or several jurisdiction over any aspect of this contract franchise agreement or the parties' activities hereunder, whether now existing or hereafter adopted, including, but not limited to, a city right-of-way management ordinance and the city's zoning and land use laws to the extent they are not inconsistent with state and federal law regulating use of the public rights-of-way, and any related laws, rules, or regulations and amendments thereto relating to the use and occupancy of the public rights-of-way.

Public right(s)-of-way ("ROW") means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other nonwire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts.

Small wireless facilities or wireless facilities means a wireless facility that meets both of the following qualifications:

(a)

All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet, and

(b)

All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet on volume, or 50 cubic feet in volume if the equipment was ground mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:

i.

An electric meter.

ii.

Concealment elements.

iii.

A telecommunications demarcation box.

iv.

Grounding equipment.

v.

A power transfer switch.

vi.

A cutoff switch.

vii.

Vertical cable runs for the connection of power and other services.

Telecommunications service(s) means providing the means of transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Wireless infrastructure provider means any person, including a person authorized to provide communications service in the state, that builds or installs transmission equipment, small wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services provider means a provider of wireless services.

Wireless support structure means a freestanding structure, such as a pole, monopole, self-supporting tower, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(Ord. No. 7358, § 2, 6-19-18)