§ 284.002 — DEFINITIONS.

Texas § 284.002

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 284.002. DEFINITIONS. In this chapter:
(1) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
(2) "Applicable codes" means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and
(B) local amendments to those codes to the extent not inconsistent with this chapter.
(3) "Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
(4) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes.
(5) "Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
(8) "Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas.
(9) "Micro network node" means a network node 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.
(10) "Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003 , Utilities Code, and located in a public right-of-way.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity.
(12) "Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
(13) "Network provider" means:
(A) a wireless service provider; or
(B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of supporting a network node.
(14) "Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node.
(15) "Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.
(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole.
(17) "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
(18) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless telecommunications.
(19) "Public right-of-way management ordinance" means an ordinance that complies with Subchapter C.
(20) "Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a public right-of-way in the municipality.
(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including:
(A) a pole that supports traffic control functions;
(B) a structure for signage;
(C) a pole that supports lighting, other than a decorative pole; and
(D) a pole or similar structure owned or operated by a municipality and supporting only network nodes.
(22) "Transport facility" means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
(23) "Utility pole" means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002 , Utilities Code.
(24) "Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.
(25) "Wireless service provider" means a person that provides wireless service to the public.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 591 (S.B. 1004 ), Sec. 1, eff. September 1, 2017.