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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83543</law_id><section_number>56-484.26</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="15.1">Wireless Communications Infrastructure</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Antenna</span>&#x201D; means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
		&#x201C;<span class="dictionary">Co-locate</span>&#x201D; means to install, mount, maintain, modify, operate, or replace a <span class="dictionary">wireless facility</span> on, under, within, or adjacent to a base station, building, <span class="dictionary">existing structure</span>, <span class="dictionary">utility pole</span>, or <span class="dictionary">wireless support structure</span>. &#x201C;<span class="dictionary">Co-location</span>&#x201D; has a corresponding meaning.
		&#x201C;<span class="dictionary">Department</span>&#x201D; means the <span class="dictionary">Department</span> of Transportation.
		&#x201C;<span class="dictionary">Districtwide permit</span>&#x201D; means a permit granted by the <span class="dictionary">Department</span> to a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> that allows the permittee to use the rights-of-way under the <span class="dictionary">Department</span>&#x2019;s <span class="dictionary">jurisdiction</span> to install or maintain small cell facilities on <span class="dictionary">existing structures</span> in one of the Commonwealth&#x2019;s nine construction districts. A <span class="dictionary">districtwide permit</span> allows the permittee to perform multiple occurrences of activities necessary to install or maintain small cell facilities on non-limited access right-of-way without obtaining a single use permit for each occurrence. The central office permit manager shall be responsible for the issuance of all <span class="dictionary">districtwide permits</span>. The <span class="dictionary">Department</span> may authorize <span class="dictionary">districtwide permits</span> covering multiple districts.
		&#x201C;<span class="dictionary">Existing structure</span>&#x201D; means any structure that is installed or approved for installation at the time a <span class="dictionary">wireless services provider</span> or <span class="dictionary">wireless infrastructure provider</span> provides notice to a locality or the <span class="dictionary">Department</span> of an agreement with the owner of the structure to <span class="dictionary">co-locate</span> equipment on that structure. &#x201C;<span class="dictionary">Existing structure</span>&#x201D; includes any structure that is currently supporting, designed to support, or capable of supporting the <span class="dictionary">attachment</span> of wireless facilities, including towers, buildings, <span class="dictionary">utility poles</span>, light poles, flag poles, signs, and <span class="dictionary">water towers</span>.
		&#x201C;<span class="dictionary">Micro-<span class="dictionary">wireless facility</span></span>&#x201D; means a <span class="dictionary">small cell facility</span> that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior <span class="dictionary">antenna</span>, if any, not longer than 11 inches.
		&#x201C;<span class="dictionary">Small cell facility</span>&#x201D; means a <span class="dictionary">wireless facility</span> that meets both of the following qualifications: (i) each <span class="dictionary">antenna</span> is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an <span class="dictionary">antenna</span> that has exposed elements, the <span class="dictionary">antenna</span> and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications <span class="dictionary">Commission</span>. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, ground-based enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
		&#x201C;<span class="dictionary">Utility pole</span>&#x201D; means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.
		&#x201C;<span class="dictionary">Water tower</span>&#x201D; means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
		&#x201C;<span class="dictionary">Wireless facility</span>&#x201D; means equipment at a fixed location that enables wireless services between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, <span class="dictionary">antennas</span>, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
		&#x201C;<span class="dictionary">Wireless infrastructure provider</span>&#x201D; means any <span class="dictionary">person</span>, including a <span class="dictionary">person</span> authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or <span class="dictionary">wireless support structures</span>, but that is not a <span class="dictionary">wireless services provider</span>.
		&#x201C;Wireless services&#x201D; means (i) &#x201C;<span class="dictionary">personal wireless services</span>&#x201D; as defined in 47 U.S.C. &#xA7;&#xA0;332(c)(7)(C)(i); (ii) &#x201C;<span class="dictionary">personal wireless service facilities</span>&#x201D; as defined in 47 U.S.C. &#xA7;&#xA0;332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. &#xA7;&#xA0;332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.
		&#x201C;<span class="dictionary">Wireless services provider</span>&#x201D; means a provider of wireless services.
		&#x201C;<span class="dictionary">Wireless support structure</span>&#x201D; means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable <span class="dictionary">existing structure</span> or alternative structure designed to support or capable of supporting wireless facilities. &#x201C;<span class="dictionary">Wireless support structure</span>&#x201D; does not include any telephone or electrical <span class="dictionary">utility pole</span> or any tower used for the distribution or transmission of electrical service.</p></section></text><history>2017, c. 835.</history><metadata></metadata></law>
