[R.O. 2012 §655.010; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
This Chapter shall be known as the Cable and Wireless Communications Code.
[R.O. 2012 §655.020; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
The Cable and Wireless Communications Code establishes the basic local regulatory scheme for all operators within the City, whether operating with or without a franchise. Notwithstanding the provisions of this Chapter, the City reserves the right to manage public rights-of-way in accordance with the Telecommunications Act of 1996, 47 U.S.C. Section 253, subject to applicable law and the terms of a franchise agreement.
[R.O. 2012 §655.030; Ord. No. 98-1-8 §1, 1-26-1998; Ord. No. 18-08-01, 8-6-2018]
For the purpose of the Cable and Wireless Communications Code, the following terms, phrases, words and their derivations shall have the following meanings. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
The words "shall" and "will" are mandatory and "may" is permissive. Words not defined in the Cable and Wireless Communications Code shall be given their common and ordinary meaning.
ACT
The Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, Public Law Number 98-549, the Cable Television Consumer Protection and Competition Act of 1992, Public Law Number 102-385, the Telecommunications Act of 1996, Public Law Number 104-104, as the same may be amended from time to time.
ADDITIONAL SERVICE
Any service other than cable service provided over a cable communications system by an operator directly or as a carrier for any other person, which may include by way of example but is not limited to, burglar alarm, data or other electronic intelligence transmission, voice transmission, facsimile reproduction and interactive service.
AFFILIATE
When used in relation to an operator, means another person which directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the City, means any agency, board, authority, or political subdivision of the City.
ANTENNA
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
BASIC SERVICE
Any tier of cable service which includes the retransmission of local television broadcast signals, or such other definition as may be adopted by Federal law.
CABLE AND WIRELESS COMMUNICATIONS CODE
This Chapter.
CABLE COMMUNICATIONS SYSTEM
Any facility consisting of coaxial cable, optical fiber, or other transmission lines or forms of transmission, and associated equipment and devices, the primary function of which is to provide cable service and/or additional service in the City to subscribers by receiving, through any means, including, without limitation, coaxial cable, optical fiber, antenna, or satellite or microwave transmission, and distributing video, audio, voice, or data signals, whether originating within the City or elsewhere.
CABLE SERVICE
The one-way transmission to subscribers of video programming or other programming services, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services.
CHANNEL
A frequency band which is capable of carrying either one (1) standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals.
CITY
The City of Excelsior Springs, Missouri, and all of the territory within its present and future boundaries.
CITY COUNCIL
The City Council of the City, or any succeeding elected Governing Board of the City.
COLLOCATE or COLLATATION
To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole.
COMMUNICATIONS FACILITY
The set of equipment and network components, including wires, cables, and associated facilities used by a cable operator, as defined in 47 U.S.C. Section 522(5); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); a provider of information service, as defined in 47 U.S.C. Section 153(24); or a wireless services provider; to provide communications services, including cable service, as defined in 4 7 U.S.C. Section 522(6); telecommunications service, as defined in 47 U.S.C. Section 153(53); an information service, as defined in 47 U.S.C. Section 153(24); wireless communications service; or other one-way or two-way communications service.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. Section 522(5); a provider of information service, as defined in 47 U.S.C. Section 153(24); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); or a wireless provider.
DROP
The cable that connects the antenna terminal on a subscriber's radio or television set, computer terminal, or other terminal to the nearest feeder cable of the cable communications system.
FCC
The Federal Communications Commission or any successor Federal Government agency.
FRANCHISE
The rights and obligations extended by the City to an operator to own, construct, maintain and operate its system within the public property and boundaries of the City to serve subscribers.
FRANCHISE ADMINISTRATOR
The City Manager of the City or a designee who shall receive inquiries from an operator's subscribers and the general public concerning an operator's performance, coordinate the resolution of disputes between an operator, its subscribers and the general public, and act as the City contact for an operator regarding cable and wireless communications service matters within the City.
FRANCHISE AGREEMENT
The contract between the City and an operator under which the City grants a franchise to that operator.
GROSS REVENUES
All amounts received by or on behalf of an operator from, or in connection with or related to its use of any public property including but not limited to the operation of its system, including, but not limited to, basic service fees, tier service fees, premium service fees, additional service fees, payments received from programmers or other entities for carriage of programming or other services to subscribers, advertising revenues as described below, and all other income derived from or by reason of the operation and/or use of the system in the public property. For purposes of this definition, an operator shall include affiliates. "Gross revenues" do not include: Receipts from any other business endeavor for which an operator is paying an occupational license fee or charge and which business in no way uses the system or the public property; studio rental; production equipment rental; personal fees; penalties charged for late payment; sales taxes or franchise fees collected; the revenue of any person other than operator, including, without limitation, a supplier of programming to an operator to the extent the revenue is also included in gross revenue of the operator; or revenue for any goods or services which are not provided over the system even if such goods and services are advertised and/or ordered using the system. In the event an operator receives any revenue from disseminating advertisements or carrying programming or other services on the system outside the City, "gross revenues" shall include an amount derived by multiplying the revenue with respect to such advertisements, programming or other services by a fraction, the numerator of which is the number of subscribers in the City reached by the advertisement, programming or other service and the denominator of which is the total number of subscribers reached by the advertisement, programming or other service.
MICRO WIRELESS FACILITY
A small wireless facility that meets the following qualifications:
1. 
Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height; and
2. 
Any exterior antenna no longer than eleven (11) inches.
OPERATOR
Any person operating a cable communications system, a telecommunication carrier, a provider of information services, or a wireless provider.
PERSON
Any individual, corporation, partnership, proprietorship, organization, group or other entity.
PREMIUM SERVICE
Any cable service delivered on a per-channel or per-program basis.
PUBLIC PROPERTY
Any real property, easement, right-of-way, or other interest in real estate, including a street, now or hereafter owned or controlled by the City.
RESIDENT
Any individual residing in the City.
RESIDENTIAL DWELLING UNIT
Each home, house, building, or other structure that normally accommodates the living quarters of one (1) family, and each apartment, condominium, or co-operative unit that normally accommodates the living quarters of one (1) family in any multiple-unit building or complex of multiple-unit buildings; provided however, that if an operator has not obtained, pursuant to a reasonable standard access agreement utilized by an operator that does not require the operator to pay any owner or association of owners for access, the permission or authority required by any owner or association of owners to extend its facilities to individual apartments, condominiums, and co-operative units within the interior of such multiple-unit buildings or complexes of multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit buildings shall be considered a single residential dwelling unit.
SMALL WIRELESS FACILITY
A wireless facility that meets both of the following qualifications:
1. 
Each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and
2. 
All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility.
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, cutoff switch, and vertical cable runs and related conduit for the connection of power and other services.
STREET
The surface of, and the space above and below, any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive, avenue, or bridge now or hereafter owned or controlled by the City.
SUBSCRIBER
Any person who subscribes to a service provided by an operator, by means of or in connection with its system, and pays a fee unless such fee is lawfully waived.
SYSTEM
The communications facility operated by an operator in the City.
TECHNICALLY FEASIBLE
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 small wireless facility.
TIER SERVICE
Any tier of cable service delivered over a cable communications system to subscribers other than basic service or premium service.
UTILITY POLE
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; provided, however, such term shall not include wireless support structures, electric transmission structures, or breakaway poles owned by the State Highways and Transportation Commission.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
The term includes small wireless facilities. The term does not include:
1. 
The structure or improvements on, under, or within which the equipment is collocated;
2. 
Coaxial or fiber-optic cable between wireless support structures or utility poles;
3. 
Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or
4. 
A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications service in the State, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES
Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER
A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE
An existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole.
WIRELINE BACKHAUL FACILITY
A physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.