                                 CODE OF VIRGINIA

DEFINITIONS (§ 56-484.26)

As used in this chapter, unless the context requires a different meaning:
		&#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;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;Districtwide permit&#8221; means a permit granted by the Department to
a wireless services provider or wireless infrastructure provider that allows the
permittee to use the rights-of-way under the Department&#8217;s jurisdiction to
install or maintain small cell facilities on existing structures in one of the
Commonwealth&#8217;s nine construction districts. A districtwide permit 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 districtwide permits. The
Department may authorize districtwide permits covering multiple districts.
		&#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;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, 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.
		&#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 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, 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, including a
person authorized to provide telecommunications service in the state, 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. § 332(c)(7)(C)(i); (ii) &#8220;personal
wireless service facilities&#8221; as defined in 47 U.S.C. § 332(c)(7)(C)(ii),
including commercial mobile services as defined in 47 U.S.C. § 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.