Arizona Arizona Revised Statutes

§ 9-591 — Definitions

ARS § 9-591Title 9. Cities and Towns · Ch. 5. PUBLIC UTILITIES · Art. 8. Use of Public Highways and Private Property by Wireless Providers

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9-591. Definitions In this article, unless the context otherwise requires: 1. "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. 2. "Applicable codes" means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. 3. "Applicant" means any person that submits an application and that is a wireless provider. 4. "Application" means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. 5. "Authority" means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. Authority does not include any state court that has jurisdiction over an authority and does not include a county, special taxing district, or electric cooperative. 6. "Authority utility pole" means a utility pole that is owned or operated by an authority and that is in a right-of-way. Authority utility pole does not include a utility pole for electric distribution. 7. "Cable operator" has the same meaning prescribed in section 9-505 and includes a video service provider. Cable operator does not include a special taxing district. 8. "Collocate" or "collocation" means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. 9. "Communications service" means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service. 10. "Communications service provider" means a cable operator, a provider of information service as defined in 47 United States Code section 153(24), a telecommunications carrier as defined in 47 United States Code section 153(51) or a wireless services provider. 11. "Fee" means a onetime charge. 12. "Law" means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. 13. "Monopole" means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. 14. "Permit" means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. 15. "Person" means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. 16. "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. 17. "Rate" means a recurring charge. 18. "Right-of-way" means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. Right-of-way does not include a federal interstate highway, a state highway or state route under the jurisdiction of the department of transportation, a private easement, property that is owned by a special taxing district, or a utility easement that does not authorize the deployment sought by the wireless provider. 19. "Small wireless facility" means a wireless facility that meets both of the following qualifications:

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