A. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person.

B. “Business registration” means a requirement of all telecommunications and cable providers who are not otherwise required to license or franchise with the city.

C. “Cable Acts” means the Federal Cable Communications Policy Act of 1984, as amended by the Federal Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of the Federal Telecommunications Act of 1996, and as hereafter amended.

D. Cable Facilities. See “Facilities.”

E. “Cable franchise” is a required agreement with any cable operator who desires to construct, install, operate, maintain, or otherwise locate facilities in rights of way and to also provide cable service to persons or areas in the city.

F. “Cable operator” shall have the same meaning as defined in the Cable Acts.

G. “Cable service” shall have the same meaning as defined in the Cable Acts.

H. “City” means city of Lacey.

I. “City council” means the Lacey city council.

J. “City manager” means the office of the Lacey city manager or designee.

K. “Development standards” are those standards set forth in Chapter 12.28 LMC and the City of Lacey Development Guidelines.

L. “Director” means the director of the city of Lacey public works department or designee.

M. “Existing” means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable laws as of the time it was built; for example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for the purposes of this definition.

N. “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the right of way that is or will be available for use for additional telecommunications or cable facilities.

O. “Facilities” means the plant, equipment, structures and property within the city used to transmit, receive, distribute, provide or offer telecommunications or cable service.

P. “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and cable operators on a national level.

Q. “Grantee” means telecommunications carriers and cable operators granted rights and bound by obligations as more fully described herein.

R. “License” is an agreement with any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in rights of way and to also provide telecommunications services exclusively to persons and areas outside the city.

S. “Macrocell” means a cell used in cellular networks with the function of providing radio coverage to a large area of mobile network access. A macrocell differs from a microcell or small cell by offering a larger coverage area and high-efficiency output. The macrocell is placed on stations where the output power is higher, usually in a range of tens of watts.

T. “Master permit” means the agreement in whatever form whereby the city may grant general permission to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities. For the purposes of this chapter, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television franchises.

U. “Master permittee” means the person, firm, or corporation to whom or which a master agreement, as defined in this section, is granted by the city council under this and the lawful successor, transferee or assignee of said person, firm or corporation subject to such condition as may be defined in this chapter.

V. “Open video system” means those systems defined and regulated as open video systems by the Federal Communications Commission, pursuant to Section 653 of the Federal Communications Act of 1934, as amended, 47 U.S.C. 573.

W. “Ordinance” means the City of Lacey Telecommunications Ordinance, Chapter 5.60 LMC.

X. “Overhead facilities” means telecommunications and/or cable facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Y. “Person” means corporations, companies, associations, firms, partnerships, limited liability companies, other entities and individuals.

Z. “Rights of way” includes the surface of and space above and below any real property in the city in which the city has any interest whether in fee, easements, or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways, parks, trails, or any other public place, area or property under the control of the city.

AA. “Service connection” means a connection made to a telecommunications facility and/or cable facility for the purpose of providing telecommunications or cable services.

BB. “Service provider” is defined in accord with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.

CC. “Small cell wireless facility” means a wireless communication facility where each antenna is located inside an enclosure of no more than three cubic feet in volume and all equipment associated with antenna is not cumulatively larger than twenty-eight cubic feet in volume. The following associated equipment is included in the calculation of associated equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. The structure on which antenna facilities are mounted is: fifty feet or less, no more than ten percent taller than other adjacent structures, or not extended to height of more than fifty feet or by more than ten percent above its preexisting height as a result of the co-location of new antenna facilities.

DD. “State” means the state of Washington.

EE. “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.

FF. “Telecommunications carrier” for purposes of this chapter includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, structures, or property within the city, used or to be used for the purpose of offering telecommunications service. Provided, however, this does not include lessees that solely lease bandwidth (and do not own telecommunications facilities within the city of Lacey).

GG. Telecommunications Facilities. See “Facilities.”

HH. “Telecommunications franchise” or master permit is required with any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate facilities in rights of way and to also provide telecommunications to persons or areas in the city.

II. “Telecommunications service” means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service(s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, provided, however, for the purposes of this chapter, cable service shall not be considered a telecommunications service. For wireless communications services and facilities see Chapter 16.68 LMC.

JJ. “Tower” means 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 wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless service and fixed wireless services such as microwave backhaul and the associated site.

KK. “Underground facilities” means telecommunications and/or cable facilities located under the surface of the ground, alone or in combination, directly buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead facilities.

LL. “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized under RCW Title 80 to regulate and oversee telecommunications carriers, services and telecommunications providers in the state of Washington to the extent prescribed by law. (Ord. 1546 §1, 2019; Ord. 1114 §1, 1999).