“Addendum” means the document in a form approved by the city that, when fully executed by both parties, is subject and subordinate to the provisions of a right-of-way use agreement or master license agreement and authorizes the company to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace specific small wireless facility components in the rights-of-way and on or between city poles in the rights-of-way;

“Affiliate” means a person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person;

“Applicant” means any person or entity that applies for any right-of-way use authorization pursuant to this title;

“Authorization” or “right-of-way use authorization” means a telecommunications right-of-way use agreement and/or a telecommunications facilities lease agreement, as the case may be;

“City” means the city of Bellevue, Washington;

“City facilities” means collectively city poles, strands between city poles, and portions of the right-of-way required for ground-based SWF equipment, which support small wireless facility components. “City facility(ies)” may refer to such facilities in the singular or plural, or replacement facilities that are not city poles, as appropriate to the context in which used;

“City poles” means city-owned or controlled streetlights or other poles located within the ROW. In no event shall “city poles” include poles located at signalized intersections or which include or contain traffic signal system operation and control equipment;

“City property” means and includes all real property or interests therein owned by the city, other than city rights-of-way as that term is defined herein;

“Co-location” means the attachment of telecommunication facilities to city poles or utility poles, or to strands located between two such poles, located within the right-of-way;

“Council” means the city council of the city of Bellevue, Washington, acting in its official capacity;

“Design standards” means the aesthetic, placement and safety standards applicable to SWF components deployed in the right-of-way contained in Chapter 6.08 BCC;

“Eligible facilities request” shall have the meaning as set forth in 47 CFR 1.6100(b)(3), or any successor provision;

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

“Excess capacity” means the volume or capacity in any existing or future duct, conduit, fiber optic cable, manhole, handhole or other telecommunications facility within the right-of-way that is or may be made available for use for additional telecommunications facilities;

“FCC” or “Federal Communications Commission” means the federal administrative agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers;

“Fiber optics” means the technology of using optical fiber to guide and project light for use as a communications medium;

“Ground-based” means utility and telecommunications facilities located on the surface of the ground with some or all of the facility located above grade;

“Master license agreement” means the agreement for the installation of SWFs on city poles (or replacement poles) or a strand located between two city poles, and related ground-based SWF equipment, in the form approved by the Bellevue city council and as may be amended, and fully executed by the city and a provider of telecommunications services;

“Operator” means the person, firm or corporation to whom a right-of-way use agreement is granted pursuant to the provisions of this title;

“Overhead facilities” means poles and other 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;

“Personal wireless service” shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i);

“Pre-approved design” means a deployment of antenna(s) and equipment that the city has determined through the optional pre-approved design process is equivalent or less intrusive than strict application of the design standards;

“Property of a telecommunications carrier or provider” means all property owned, leased, controlled, installed or otherwise used by a telecommunications carrier or provider in the conduct of its business in the city under the authority of a right-of-way use agreement granted pursuant to this title;

“Public street” means any highway, street, road, alley or other public way for motor vehicle travel within the city and under the jurisdiction and control of the city which has been acquired, established, dedicated or devoted to street purposes;

“Purpose-built pole” means any structure built for the sole or primary purpose of supporting a SWF. This definition does not include city poles or utility poles;

“Right(s)-of-way” means all public streets and associated property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including any air rights, subsurface rights or easements related thereto;

“Small wireless facility (SWF)” shall have the same meaning as “small wireless facility” in 47 CFR 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):

“State” means the State of Washington Utilities and Transportation Commission unless otherwise indicated;

“SWF antenna” is a component of the SWF that refers collectively to the rod, panel, disc, or similar device, together with the mounting hardware that attaches the antenna to a pole or a strand located between two poles, that provides data/telecommunications services per the BCC including BCC 6.02.020 and 6.04.010;

“SWF equipment” is a component of the SWF that refers collectively to all cabinets, utilities, fiber optic cables, wires, power, radio and other mechanical and technical equipment associated with an antenna together with any shroud, cabinet or vault in which the equipment is contained, but does not include the SWF antenna itself or the pole to which it is attached;

“Telecommunications carrier” means and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the city, used or to be used for the purpose of offering and providing telecommunications service;

“Telecommunications facilities” means the plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, poles, electronics and other appurtenances, used or to be used to transmit, receive, distribute, provide or offer telecommunications services;

“Telecommunications facilities lease agreement” means a written lease agreement issued pursuant to this title to use specified city property for telecommunications facilities subject to certain conditions;

“Telecommunications provider” means and includes every person who provides telecommunications services over or by means of telecommunications facilities without having any ownership or management control of such facilities;

“Telecommunications right-of-way use agreement (RUA)” means a written agreement between the city and a telecommunications carrier or provider, approved pursuant to this title, to allow the use and occupation of specified city rights-of-way for the purpose of providing telecommunications services;

“Telecommunications service” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium;

Telecommunications System. See “Telecommunications facilities”;

“Title” or “this title” means BCC Title 6 and all chapters inclusive therein;

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

“Undergrounded area” means those areas where there are no existing electrical facilities in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by a permitted franchise electric utility in accordance with Chapter 14.20 BCC and do not include transmission facilities;

“Unified enclosure” means a pole-mounted portion of a SWF providing concealment of both antenna(s) and equipment within a single enclosure;

“Utility pole” means a structure in the right-of-way designed to support electric, telephone, data, telecommunications, cable services and similar utility lines or a strand located between two poles. A purpose-built pole or a city pole is not a utility pole;

“Wireless communication facility” (WCF) means an unstaffed facility (that does not otherwise meet the definitions of a SWF) for the transmission and/or reception of wireless communications services, usually consisting of, but not limited to, an antenna array, transmission cables, equipment, an equipment housing structure, and a support structure used to achieve the necessary elevation as the term WCF is now defined in the Land Use Code or thereinafter amended. (Ord. 6462 § 2, 2019; Ord. 6454 § 3, 2019; Ord. 5061 § 2, 1998.)