Okla. Stat. tit. 11 § 36-502

Current through Laws 2024, c. 453.

Section 36-502 - Definitions

As used in the Oklahoma Small Wireless Facilities Deployment Act:

1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;

2. "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with this act;

3. "Applicant" means any person who submits an application and is a wireless provider;

4. "Application" means a request submitted by an applicant to an authority:

a. for a permit to collocate small wireless facilities, or

b. to approve the installation, modification or replacement of a utility pole;

5. "Authority" means a municipality or a municipal electric utility;

6. "Authority pole" means a utility pole owned, managed or operated by or on behalf of an authority;

7. "Collocate" means to install, mount, maintain, modify, operate or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning;

8. "Communications service provider" means a cable operator as defined in 47 U.S.C., Section 522(5), a provider of information service as defined in 47 U.S.C., Section 153(24), a telecommunications carrier as defined in 47 U.S.C., Chapter 153(51), or a wireless provider;

9. "Decorative pole" means an authority pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, light fixtures or 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 rules or codes;

10. "Electric distribution pole" means an authority pole used to support an electric distribution system;

11. "FCC" means the Federal Communications Commission of the United States;

12. "Fee" means a one-time, nonrecurring charge;

13. "Historic district" means a group of buildings, properties or sites that are zoned by the authority as a historic district on or before March 31, 2018; included in the State Register of Historic Places in accordance with Section 355 of Title 53 of the Oklahoma Statutes; or are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1 , Appendix C;

14. "Law" means federal, state or local law, statute, common law, code, rule, regulation, order or ordinance;

15. "Micro wireless facility" means a small wireless facility that meets the following qualifications:

a. is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and

b. any exterior antenna is no longer than eleven (11) inches;

16. "Permit" means a written authorization required by an authority to perform an action or initiate, continue or complete a project;

17. "Person" means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority;

18. "Rate" means a recurring charge;

19. "Right-of-way" means the area within the jurisdiction of the authority that is on, below or above a public roadway, highway, street, sidewalk, alley or similar property or a public easement that authorizes the deployment sought by the wireless provider, but does not include a federal interstate highway;

20. "Small wireless facility" means a wireless facility that meets both of the following qualifications:

a. each antenna of the wireless provider could fit within an enclosure of no more than six (6) cubic feet in volume, and

b. all other wireless equipment associated with the wireless facility, whether ground- or pole-mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services;

21. "Technically feasible" means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location can be implemented without a reduction in the functionality of the small wireless facility;

22. "Utility pole" means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include wireless support structures or electric transmission structures. Utility poles controlled by an investor-owned electric utility or electric cooperative are subject to Section 7 of this act;

23. "Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

(a) equipment associated with wireless communications; and

(b) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment regardless of technological configuration. The term includes small wireless facilities. The term does not include:

a. the structure or improvements on, under or within which the equipment is collocated, or

b. coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna;

24. "Wireless infrastructure provider" means any person authorized to provide telecommunications service in the state that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but that is not a wireless services provider;

25. "Wireless provider" means a wireless infrastructure provider or a wireless services provider;

26. "Wireless services" means any services, whether at a fixed location or mobile, provided to the public using wireless facilities;

27. "Wireless services provider" means a person who provides wireless services; and

28. "Wireless support structure" means a structure such as a monopole; tower, either guyed or self-supporting; billboard; building; or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.

Okla. Stat. tit. 11, § 36-502

Added by Laws 2018 , c. 140, s. 2, eff. 11/1/2018.