As used in this chapter:

“Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of services using small wireless facilities.

“Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes.

“Applicant” means any person who submits an application and is a communications service provider.

“Application” means a request submitted by an applicant to the State or county for a permit to collocate small wireless facilities or to approve the replacement or modification of a utility pole.

“Collocate” means to install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole. “Collocation” has a corresponding meaning.

“Communications service” means cable service, as defined in § 440G-3 or title 47 United States Code § 522(6), as amended; information service, as defined in title 47 United States Code § 153(24), as amended; telecommunications service, as defined in § 269-1 or title 47 United States Code § 153(53), as amended; mobile service, as defined in title 47 United States Code § 153(33), as amended; or wireless service other than mobile service.

“Communications service provider” means a cable operator, as defined in § 440G-3 or title 47 United States Code § 522(5); a provider of information service, as defined in title 47 United States Code § 153(24); a telecommunications carrier, as defined in § 269-1 or title 47 United States Code § 153(51); or a wireless provider.

“Decorative pole” means a state or county pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a wireless facility attachment, specially designed informational and directional signage, or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory state or county rules or codes.

“Feasible design and collocation standards” means reasonable, objective, and nondiscriminatory specifications concerning the physical structure, construction, location, and appearance of small wireless facilities; provided that those specifications facilitate the installation of the small wireless facilities and may be waived by the State or county.

“Historic district” means a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or as determined by the state historic preservation program in accordance with chapter 6E.

“Micro wireless facilities” means a small wireless facility having a dimension no larger than twenty-four inches in height, fifteen inches in width, and twelve inches in depth; provided that the exterior antenna, if any, does not exceed eleven inches in length.

“Right of way” means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property.

“Small wireless facilities” means a wireless facility or other facility providing communications service that meets one or both of the following qualifications:

(1) Each communications service provider‘s antenna can fit within an enclosure of no more than six cubic feet in volume; or

(2) All other equipment associated with the communications service facility, whether ground- or pole-mounted, that is cumulatively no more than twenty-eight cubic feet in volume; provided that the following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

“State or county pole” means a utility pole, which may be managed or operated by, or on behalf of, the State or a county in the State.

“Technically feasible” means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location can be implemented without a reduction in the functionality of the wireless facility.

“Toll” means to stop or suspend the running of a time period.

“Utility pole” means a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities. “Utility pole” shall not include wireless support structures.

“Wireless facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

(1) Equipment associated with wireless communications; and

(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

“Wireless facility” includes small wireless facilities but shall not include:

(1) Wireline backhaul facilities; and

(2) Coaxial or fiber-optic cable between utility poles or communications facilities that are otherwise not immediately adjacent to and directly associated with a particular antenna.

“Wireless provider” means an individual, corporation, company, association, trust, or other entity or organization who:

(1) Provides services, including wireless broadband services, whether at a fixed location or mobile, to the public using wireless facilities; or

(2) Builds or installs wireless communication transmission equipment or wireless facilities, including an individual authorized to provide telecommunications service in the State.

“Wireless support structure” means a structure, such as a monopole; tower, either guyed or self-supporting building; or other existing or proposed structure designed to support or capable of supporting broadband or small wireless facilities, other than a structure designed solely for the collocation of wireless facilities. “Wireless support structure” shall not include a utility pole.

“Wireline backhaul” means the transport of communications data or other electronic information by wire from wireless facilities to a communications network. Wireline backhaul shall not include wire connecting the wireless facility to the backhaul.