“Applicant” means any Person or entity that applies for any Master Permit, Facilities Lease, Small Cell Permit or Right-of-Way Use Permit pursuant to this Chapter;

“Cable Act” means the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as now existing or hereafter amended;

“Cable service” for the purpose of this Chapter shall have the same meaning provided by the Cable Act; a separate cable ordinance is currently found in the Redmond Municipal Code;

“City” means the City of Redmond, Washington;

“City property” means and includes all real property owned in fee by the City or dedicated for a specific purpose, other than public ways and utility easements as those terms are defined herein. City property shall also include all City-owned poles, buildings, antenna support structures, miscellaneous structures (for example: benches, bus stops, and trash cans) and infrastructure inside and outside of the public ways. City property shall not include property dedicated for a specific purpose that has an existing easement for utilities, and which is not intended to extend to other utility easements;

“Director” means the Director of the Public Works Department or his/her designee.

“Emergency” means a condition of imminent danger to the health, safety, and welfare of property or Persons located within the City including, without limitation, damage to Persons or property from natural consequences, such as storms, earthquakes, riots or wars;

“FCC” or “Federal Communications Commission” means the Federal administrative agency, or lawful successor, authorized to regulate and oversee Telecommunications providers and services on a national level;

“Grantee” means any person, firm, or corporation to whom a Right-of-Way Use Permit, Small Cell Permit, Master Permit or a Facilities Lease is granted by the City under this Chapter and the lawful successor, transferee, or assignee of said Person, firm, or corporation subject to such conditions as may be defined in this Chapter;

“Macro Cell Facility” means a large wireless communication facility that provides radio frequency coverage served by a high power cellular tower. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro cell facilities typically contain antennas that are greater than three cubic feet and typically cover large geographic areas with relatively high capacity and are capable of hosting multiple wireless service providers.

“Master Permit” means the agreement in whatever form whereby the City grants general permission to a service provider to enter, use and occupy the public ways or other ways for the purpose of locating Telecommunications facilities. This definition is not intended to limit, alter or change the status of a service provider asserting an existing state-wide grant based on a predecessor telephone or telegraph company’s existence at the time of the adoption of the Washington State Constitution to occupy the right-of-way. For the purposes of this chapter, a Master Permit does not include cable television franchises or Facilities Leases;

“Other ways” means the highways, streets, alleys, utility easements or other rights-of-way within the City as encompassed by RCW 47.24.020 and 47.52.090;

“Overhead facilities” means utility poles, utility facilities and Telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities;

“Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; “person” shall not include the City unless it offers or furnishes Telecommunications service for hire, sale or resale to the general public;

“Personal wireless services” means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by federal laws and regulations;

“Public ways” means and includes any highway, street, alley, utility easement (unless their use is otherwise restricted for other users), or other public right-of-way for motor vehicle or other use under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway or other purposes now or hereafter held by the City, but only to the extent of the City’s right, title, interest or authority to grant a Right-of-way Use Permit, Small Cell Permit or Master Permit to occupy and use the same for telecommunications facilities;

“Right-of-Way Use Permit” or “Permit” means the authorization in whatever form whereby the City may grant permission for construction to a Telecommunications provider to enter and use the specified public ways or other ways for the purpose of installing, maintaining, repairing or removing identified Telecommunications facilities, except for those Telecommunications facilities permitted pursuant to a Small Cell Permit;

“Small Cell Facility” means a “small wireless facility” as defined by 47 CFR 1.6002.

“Small Cell Network” means a collection of interrelated small cell facilities designed to deliver personal wireless services.

“Small Cell Permit” means the authorization in whatever form whereby the City may grant permission for construction to a Telecommunications provider to enter and use the specified public ways or other ways for the purpose of installing or modifying small cell facilities;

“State” means the State of Washington;

“Telecommunications facilities” or “Facilities” means all of the plant, equipment, fixtures, appurtenances, antennas, electronics, radios and other facilities necessary to furnish and deliver Telecommunications services, including, but not limited to, poles, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults and all attachments, appurtenances and appliances necessary or incidental to the transmission, reception, distribution, provision, offering and use of Telecommunications services;

“Telecommunications provider” or “provider” means and includes every corporation, company, association, joint stock association, firm, partnership, Person, city or town owning, operating or managing any facilities used to provide and providing telecommunications for hire, sale or resale to the general public. This definition includes entities providing infrastructure, including but not limited to fiber, conduit, poles, or other structures to another service provider, but does not include electrical utility entities. This further includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, Person, city or town;

“Telecommunications service” means the transmission of information by wire, radio, microwave, optical cable, electromagnetic or other similar means for hire, sale or resale to the general public or the transmission from private users to themselves or to other private Persons. For the purposes of this Chapter, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds or any other symbols. For the purpose of this Chapter, Telecommunications service excludes the over the air transmission of broadcast television or broadcast radio signals and cable service;

“Underground facilities” means utility and Telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead facilities; and

“Utility easement” means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with Telecommunications facilities. City utility easements shall not include easements dedicated for a specific purpose or easements acquired by prescription by a Telecommunications provider. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018: Ord. 2175 § 1 (part), 2003).