§ 39-32-1. Definitions.
As used in this chapter:
(1) "Authority� means a city, town, or any other state or municipal government subdivision,
agency, or entity that is authorized by law to regulate or control the use of the
public rights-of-way or the construction or installation of poles or wireless facilities
or that owns or controls property suitable for collocating small wireless facilities.
The term does not include the state courts.
(2) "Authority pole� means a pole owned or controlled by an authority and includes metal,
composite, concrete, or wood poles, as well as decorative poles.
(3) "Authority structure� means a building, water tower, or other structure owned or controlled
by an authority, but not an authority pole.
(4) "Collocate� means to install, mount, maintain, modify, operate, or replace wireless
facilities on a pole, including an authority pole, or on a building, water tower,
or other structure, including an authority structure. "Collocation� has a corresponding
meaning.
(5) "Communications service providerâ€� means a cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless service provider.
(6) "Person� means an individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization, including an authority.
(7) "Pole� means a utility pole, light pole, light standard, or similar structure that
is used, in whole or in part, for telephone service, wireless service, cable television
service, information service, electric service, lighting, traffic control, signage,
or similar function.
(8) "Small wireless facility� means a wireless facility with an antenna of no more than
six cubic feet (6 cu. ft.) in volume and associated equipment with a cumulative volume
no larger than twenty-eight cubic feet (28 cu. ft.). The following types of associated
equipment may be located outside the primary enclosure and are not included in the
calculation of equipment volume: electric meter, concealment, telecommunications demarcation
box, ground-based enclosures, backup power system, grounding equipment, power transfer
switch, cut-off switch, and cable and conduit runs for the connection of power and
other services. Equipment that is concealed from public view within or behind an existing
structure or concealment is not included in the volume calculations.
(9) "Wireless facilities� means equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including, but not limited to:
(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. The
term "wireless facilities� includes small wireless facilities but does not include
the structure or improvements on, under, or within which the equipment is collocated;
wireline backhaul facilities; coaxial or fiber-optic cable that is between wireless
support structures or poles; or coaxial or fiber-optic cable that is otherwise not
immediately adjacent to, or directly associated with, an antenna.
(10) "Wireless service� means any services using licensed or unlicensed wireless spectrum,
whether at a fixed location or mobile, provided using wireless facilities.
(11) "Wireless service provider� means a person who provides wireless service, as well
as a person who builds, installs, or maintains wireless communications transmission
equipment, wireless facilities, or wireless support structures.