Ala. Code § 37-17-1

Current through the 2024 Regular Session.

Section 37-17-1 - Definitions

When used in this chapter, the following words shall have the following meanings:

(1) ANTENNA. An apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service. For purposes of this subdivision, the term does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15 .

(2) ANTENNA EQUIPMENT. Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed locations as the antenna, and, when collocated on a structure, mounted or installed at the same time as the antenna.

(3) ANTENNA FACILITY. An antenna and associated antenna equipment.

(4) APPLICATION. A request by a wireless provider to collocate, mount, or install small wireless facilities on or adjacent to an existing, new, or replacement pole; or to install, modify, or replace a pole associated with a small wireless facility.

(5) AUTHORITY. The state or any agency, county, municipality, district, or instrumentality thereof. The term does not include state courts having jurisdiction over an authority.

(6) COLLOCATE or COLLOCATION. Either of the following:

a. Mounting or installing an antenna facility on a pre-existing structure.

b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

(7) COMMUNICATIONS FACILITY. The set of equipment and network components, including wires, cables, and associated facilities, used by a communications service provider.

(8) COMMUNICATIONS SERVICE. Any of the following: Cable service, as defined in 47 U.S.C. § 522; information service, as defined in 47 U.S.C. § 153; telecommunications service, as defined in 47 U.S.C. § 153; and wireless service.

(9) COMMUNICATIONS SERVICE PROVIDER. A provider of communications services.

(10) ELECTRIC PROVIDER. An entity listed in subsection (a) of Section 37-17-6.

(11) MICRO WIRELESS FACILITY. A small wireless facility that meets both of the following qualifications:

a. It is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height.

b. Any exterior antenna is no longer than 11 inches.

(12) NETWORK INTERFACE DEVICE. The telecommunications demarcation device and cross-connect point adjacent to the wireless facility or the structure supporting the wireless facility and demarcating the boundary with any wireline backhaul facility.

(13) POLE. A pole in the right-of-way that is or may be used in whole or in part by or for wireline communications, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities. The term does not include a building; billboard; monopole; tower, either guyed or self-supporting; or an electric distribution or transmission structure. Poles owned by an electric provider are excluded from this chapter under Section 37-17-6.

(14) SMALL WIRELESS FACILITY. A facility that meets each of the following conditions:

a. The facilities are any of the following:

1. Mounted on structures 50 feet or less in height, including the antennas.

2. Mounted on structures no more than 10 percent taller than other adjacent structures.

3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

b. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

c. All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

d. The facilities do not require antenna structure registration under 47 C.F.R. Part 17.

e. The facilities are not located on tribal lands, as defined under 36 C.F.R. § 800.16.

f. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

(15) STRUCTURE. A pole; tower, as defined in 47 C.F.R. § 1.6100(b); base station, as defined in 47 C.F.R. § 1.6100(b); or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service.

(16) WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following: Equipment associated with wireless communications; and radio transceivers, antennas, coaxial, metallic, or fiber-optic cable located on, in, or under a pole or wireless support structure, or otherwise adjacent to such structures, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: The structure or improvements on, under, or within which the equipment is collocated; wireline backhaul facilities; or coaxial, metallic or fiber-optic cable that is between structures or that is otherwise not adjacent to a particular antenna or the structure supporting the antenna.

(17) WIRELESS INFRASTRUCTURE PROVIDER. Any person, including a person authorized to provide telecommunications service in the state, that builds or installs facilities for the provision of wireless service, but that is not either a wireless service provider or an electric provider.

(18) WIRELESS PROVIDER. A wireless infrastructure provider or a wireless service provider.

(19) WIRELESS SERVICE. Any services using licensed or unlicensed radio spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public. The term does not include services provided by an electric provider using wireless devices, facilities, or equipment in support of services of the electric provider.

(20) WIRELESS SERVICE PROVIDER. A person who provides wireless service.

(21) WIRELINE BACKHAUL FACILITY. An above-ground or underground wireline facility used to transport communications data or other electronic communications from a wireless facility network interface device to a communications network.

Ala. Code § 37-17-1 (1975)

Added by Act 2021-5,§ 1, eff. 2/19/2021.