§ 34A-4. Definitions.
The definitions in this section apply to all of Chapter 34A.
Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by provider in an unused or non-functioning condition for more than one hundred twenty (120) consecutive calendar days unless, after notice to provider, provider has established to the reasonable satisfaction of the city that the applicable facilities, or portion thereof, is still in active use.
Access line means (A), unless the commission adopts a different definition under Section 283.003, a unit of measurement representing: (i) each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer's premises within the municipality, that allows the delivery of local exchange telephone services within a municipality, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale; (ii) each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality; or (iii) each switched transmission path within a public right-of-way used to provide central office-based PBX-type services for systems of any number of stations within the municipality, and in that instance, one (1) path shall be counted for every ten (10) stations served; and (B) may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer's premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service.
Ancillary means secondary, supporting, or subordinate.
Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes means (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent not inconsistent with this chapter.
Applicant means a person submitting an application or proposal to the city for a license, franchise, permit or notice to install facilities or equipment or work in the right-of-way.
Application or proposal are synonymous for the purposes of this chapter. An "application" or "proposal" means the process by which the applicant submits a request and indicates a desire to be granted a license, permit or franchise for all, or a part, of the city. An "application" or "proposal" includes all written documentation, and official statements and representations, in whatever form, made by an applicant to the city.
Assignment of an authorization or transfer of an authorization means any transaction or action which effectively or actually transfers the authorization or franchise or changes operational or managerial control from one (1) person or entity to another.
Authorization or agreement to use the right-of-way means a negotiated privilege pursuant to an agreement between the city in its discretion and a person, allowing a person to occupy any portion of a street, right-of-way, or easement owned or controlled by the city, and may be for a limited period of time or for a specific purpose.
Certificated telecommunications provider means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service.
City means the City of Irving, Texas or its lawful successor, and includes the Irving City Council.
City council or council/franchising authority means the city council for the City of Irving, Texas or its lawful successor, which is the governing body for the city.
City manager shall mean the Irving City Manager or designee.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Commission means the Public Utility Commission of Texas.
Communications network means a component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice, or data services.
Consumer price index means the annual revised consumer price index for all urban consumers for Texas, as published by the Federal Bureau of Labor Statistics.
Concealment or camouflaged means any wireless facility or pole that is covered, painted, disguised, or blended in to its environment or otherwise hidden or kept from sight such that the wireless facility blends into the surrounding environment and is visually unobtrusive. A concealed or camouflaged wireless facility or pole also includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches.
DAS or distributed antenna system shall be included as a type of network node and have the same meaning as "network node."
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes.
Design district means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city, state or federal governmental authorities.
Easement means, refers to or shall include any public easement or other compatible use, whether created by dedication or by the other means, for uses which include public utility purposes or any other purpose whatsoever. "Easement" may include a private easement used for the provision of utilities, depending upon usage.
FCC or Federal Communications Commission means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
Fiber cable or fiber optic cable means a form of communication transmission that uses light to send data, high quality video and sound.
Franchise or franchise agreement means the initial authorization, or subsequent renewal granted by the city in order for a person to construct, operate, and maintain a system in all, or part, of the city right-of-way.
Franchise expiration means the date of expiration, or the end of the term of a franchise, permit or license agreement.
Franchise fee means the user fee or charge that the city requires as payment for using the streets, rights-of-way, public ways, and easements of the city.
Gross receipts means any and all compensation which is derived from the operation of the system, and which is attributable to the systems operations within the city as allowed by law.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance
Local means within the geographical boundaries of the City of Irving, Texas.
Local exchange telephone service has the meaning assigned by Section 51.002, Utilities Code.
Mayor means the mayor for the City of Irving, Texas.
Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas.
Micro network node means a network node that is not larger in dimension 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, not longer than eleven (11) inches.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity, and includes the various properties under the direction, control and supervision of the city's director of parks and recreation department pursuant to the authority granted by city council and the City Code of Ordinances.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower.
Network provider means: (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node.
Node support pole means a pole as defined by Chapter 284 of the Texas Local Government Code.
Park has the same meaning as "municipal park."
Permit means a document issued by the city authorizing installation, removal, modification and other work for equipment or facilities in accordance with the approved plans and specifications.
Person means any individual, corporation, business, trust, estate, trust, partnership, association of two (2) or more persons having a joint common interest, governmental agency, or other legal entity, including the city.
Pole means a service pole, municipally owned pole, node support pole, or other utility pole, and shall include network node support pole.
Provider has the same meaning as "network provider."
PROWAG means public right-of-way accessibility guidelines.
Public Right-of-Way Management Ordinance means this chapter 34A of the City of Irving Civil and Criminal Ordinances and includes all other Irving ordinances that comply with Chapter 284 of the Local Government Code.
Right-of-way, public way or public right-of-way or public rights-of-way or rights-of-way or right-of-way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement now or hereafter held by the city (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of-way now or hereafter held by the city (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the city or utility provider, with proper authorization, to use thereof for the purpose of installing or transmitting utilities over poles, wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers, appliances, attachments, and other property as may ordinarily be necessary.
The term does not include a private easement or the airwaves above a public right-of-way with regard to wireless telecommunications.
Service pole means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes.
Small cell shall be included as a type of network node and have the same meaning as "network node."
State means the State of Texas.
Street means only the portion of the right-of-way with a specially prepared surface used for vehicular travel, which surface may be concrete, blacktop or other material commonly used to prepare a surface for vehicular travel, and is limited to the area between the inside of the curb (when there is a curb) to the inside of the opposite curb, and does not include the curb area or the area between the two (2) parallel edges of the surface used for vehicular travel where there is no curb. A street is generally part of, but less than, or smaller in width than, the size or width of the right-of-way. Right-of-way includes the sidewalks and utility easements and street does not include a sidewalk or utility easement. A street does not include the curb, sidewalk or ditch, if any or present either at time of permitting or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Thoroughfare shall have the same meaning as "street."
Traffic signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.
Transport facility means each transmission path physically within right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
U.S.C. means United States Code.
Underground district or underground requirement area or und erground area means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, or other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way.
User means a person or organization that owns, places or uses facilities occupying the whole or a part of a public street or right-of-way, depending on the context.
Utility pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by section 51.002 of the Utilities Code.
Voice service means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d).
Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider means a person that provides wireless service to the public.
Wireless facilities means "micro network nodes," "network nodes," and "node support poles" as defined in Texas Local Government Code chapter 284.
( Ord. No. 2017-9964, § 2, 8-10-17 )