                                 CODE OF VIRGINIA

DEFINITIONS (§ 15.2-2316.3)

As used in this article, unless the context requires a different meaning:
		&#8220;Administrative review-eligible project&#8221; means a project that
provides for:

1. The installation or construction of a new structure that is not more than 50
feet above ground level, provided that the structure with attached wireless
facilities is (i) not more than 10 feet above the tallest existing utility pole
located within 500 feet of the new structure within the same public right-of-way
or within the existing line of utility poles; (ii) not located within the
boundaries of a local, state, or federal historic district; (iii) not located
inside the jurisdictional boundaries of a locality having expended a total
amount equal to or greater than 35 percent of its general fund operating
revenue, as shown in the most recent comprehensive annual financial report, on
undergrounding projects since 1980; and (iv) designed to support small cell
facilities; or

2. The co-location on any existing structure of a wireless facility that is not
a small cell facility.
			&#8220;Antenna&#8221; means communications equipment that transmits or
receives electromagnetic radio signals used in the provision of any type of
wireless communications services.
			&#8220;Base station&#8221; means a station that includes a structure that
currently supports or houses an antenna, transceiver, coaxial cables, power
cables, or other associated equipment at a specific site that is authorized to
communicate with mobile stations, generally consisting of radio transceivers,
antennas, coaxial cables, power supplies, and other associated electronics.
			&#8220;Co-locate&#8221; means to install, mount, maintain, modify, operate,
or replace a wireless facility on, under, within, or adjacent to a base station,
building, existing structure, utility pole, or wireless support structure.
&#8220;Co-location&#8221; has a corresponding meaning.
			&#8220;Department&#8221; means the Department of Transportation.
			&#8220;Existing structure&#8221; means any structure that is installed or
approved for installation at the time a wireless services provider or wireless
infrastructure provider provides notice to a locality or the Department of an
agreement with the owner of the structure to co-locate equipment on that
structure. &#8220;Existing structure&#8221; includes any structure that is
currently supporting, designed to support, or capable of supporting the
attachment of wireless facilities, including towers, buildings, utility poles,
light poles, flag poles, signs, and water towers.
			&#8220;Micro-wireless facility&#8221; means a small cell facility 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 antenna, if any, not longer than 11 inches.
			&#8220;New structure&#8221; means a wireless support structure that has not
been installed or constructed, or approved for installation or construction, at
the time a wireless services provider or wireless infrastructure provider
applies to a locality for any required zoning approval.
			&#8220;Project&#8221; means (i) the installation or construction by a
wireless services provider or wireless infrastructure provider of a new
structure or (ii) the co-location on any existing structure of a wireless
facility that is not a small cell facility. &#8220;Project&#8221; does not
include the installation of a small cell facility by a wireless services
provider or wireless infrastructure provider on an existing structure to which
the provisions of &#xA7; 15.2-2316.4 apply.
			&#8220;Small cell facility&#8221; means a wireless facility that meets both
of the following qualifications: (i) each antenna is located inside an enclosure
of no more than six cubic feet in volume, or, in the case of an antenna that has
exposed elements, the antenna 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 Commission. The following types of associated equipment are not
included in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation boxes, back-up power systems, grounding
equipment, power transfer switches, cut-off switches, and vertical cable runs
for the connection of power and other services.
			&#8220;Standard process project&#8221; means any project other than an
administrative review-eligible project.
			&#8220;Utility pole&#8221; 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.
			&#8220;Water tower&#8221; 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.
			&#8220;Wireless facility&#8221; means equipment at a fixed location that
enables wireless communications 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, antennas, coaxial, or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration.
			&#8220;Wireless infrastructure provider&#8221; means any person that builds
or installs transmission equipment, wireless facilities, or wireless support
structures, but that is not a wireless services provider.
			&#8220;Wireless services&#8221; means (i) &#8220;personal wireless
services&#8221; as defined in 47 U.S.C. &#xA7; 332(c)(7)(C)(i); (ii)
&#8220;personal wireless service facilities&#8221; as defined in 47 U.S.C.
&#xA7; 332(c)(7)(C)(ii), including commercial mobile services as defined in 47
U.S.C. &#xA7; 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.
			&#8220;Wireless services provider&#8221; means a provider of wireless
services.
			&#8220;Wireless support structure&#8221; means a freestanding structure, such
as a monopole, tower, either guyed or self-supporting, or suitable existing
structure or alternative structure designed to support or capable of supporting
wireless facilities. &#8220;Wireless support structure&#8221; does not include
any telephone or electrical utility pole or any tower used for the distribution
or transmission of electrical service.

HISTORY: 2017, c. 835; 2018, cc. 835, 844.