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01/28/2019 Tower: Any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right of way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole. Wireless Encroachment Permit: A permit issued pursuant to this Article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached. Wireless Service Provider: An entity that provides personal wireless services to end users. Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW. Wireless Regulations: Those regulations adopted pursuant to Section 29.104 and implementing the provisions of this Article. Sec. 29.103. - SCOPE: (a) In general. A wireless encroachment permit shall be subject to all of the same requirements as an encroachment permit would under Chapter 29, Article II, of the City Code in addition to all of the requirements of this Article. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Article. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Article. (b) Exemptions. This Article does not apply to: (1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes. (2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the ATTY/ORD.478/CC WIRELESS ORDINANCE EXHIBIT ORDINANCE NO. 2455 REV: 12-12-18 VR MUFF NO. 301 Page 3 of 11