Terms Used In West Virginia Code > Chapter 31H > Article 1 - West Virginia Small Wireless Facilities Deployment Act

• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See West Virginia Code 31H-1-2
• Applicant: means any person who submits an application and is a wireless provider. See West Virginia Code 31H-1-2
• Application: means a request 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. See West Virginia Code 31H-1-2
• Authority: means the State of West Virginia or a political subdivision that has jurisdiction and control for use of public rights-of-way as provided by this code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way. See West Virginia Code 31H-1-2
• Authority utility pole: means a utility pole owned or operated by an authority in a public right-of-way. See West Virginia Code 31H-1-2
• collocation: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See West Virginia Code 31H-1-2
• Commissioner: means the Commissioner of the West Virginia Division of Highways. See West Virginia Code 31H-1-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communications service: means cable service, as defined in 47 U. See West Virginia Code 31H-1-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Division: means the West Virginia Division of Highways. See West Virginia Code 31H-1-2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law: means a federal or state statute, common law, code, rule, regulation, order, or a local ordinance or resolution. See West Virginia Code 31H-1-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a written authorization required by an authority to perform an action or initiate, continue, or complete a project. See West Virginia Code 31H-1-2
• Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See West Virginia Code 31H-1-2
• Right-of-way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway. See West Virginia Code 31H-1-2
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  (A) Each antenna could fit within an imaginary enclosure of no more than 6 cubic feet. See West Virginia Code 31H-1-2

• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Statute: A law passed by a legislature.
• Utility pole: means a pole or similar structure that is or may be used, in whole or in part, by a communication services provider or for electric distribution, lighting, traffic control, signage (if the pole is 15 feet or taller), or a similar function, or for the collocation of small wireless facilities. See West Virginia Code 31H-1-2
• Wireless facility: includes small wireless facilities. See West Virginia Code 31H-1-2
• Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless provider. See West Virginia Code 31H-1-2
• Wireless provider: means a wireless infrastructure provider or a wireless provider. See West Virginia Code 31H-1-2
• Wireless services: means any services, using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile location, provided to the public using wireless facilities. See West Virginia Code 31H-1-2
• Wireless support structure: means a structure, such as a monopole. See West Virginia Code 31H-1-2