                                 CODE OF VIRGINIA

DEFINITIONS (§ 15.2-2316.3)

As used in this article, unless the context requires a different
meaning:		&#8220;Administrative review-eligible project&#8221; means a project
that provides for:

1. The installation or construction of a new structure that is not more than 50
feet above ground level, provided that the structure with attached wireless
facilities is (i) not more than 10 feet above the tallest existing utility pole
located within 500 feet of the new structure within the same public right-of-way
or within the existing line of utility poles; (ii) not located within the
boundaries of a local, state, or federal historic district; (iii) not located
inside the jurisdictional boundaries of a locality having expended a total
amount equal to or greater than 35 percent of its general fund operating
revenue, as shown in the most recent comprehensive annual financial report, on
undergrounding projects since 1980; and (iv) designed to support small cell
facilities; or

2. The co-location on any existing structure of a wireless facility that is not
a small cell facility.
			&#8220;Antenna&#8221; means communications equipment that transmits or
receives electromagnetic radio signals used in the provision of any type of
wireless communications services.			&#8220;Base station&#8221; means a station
that includes a structure that currently supports or houses an antenna,
transceiver, coaxial cables, power cables, or other associated equipment at a
specific site that is authorized to communicate with mobile stations, generally
consisting of radio transceivers, antennas, coaxial cables, power supplies, and
other associated electronics.			&#8220;Co-locate&#8221; means to install, mount,
maintain, modify, operate, or replace a wireless facility on, under, within, or
adjacent to a base station, building, existing structure, utility pole, or
wireless support structure. &#8220;Co-location&#8221; has a corresponding
meaning.			&#8220;Department&#8221; means the Department of
Transportation.			&#8220;Existing structure&#8221; means any structure that is
installed or approved for installation at the time a wireless services provider
or wireless infrastructure provider provides notice to a locality or the
Department of an agreement with the owner of the structure to co-locate
equipment on that structure. &#8220;Existing structure&#8221; includes any
structure that is currently supporting, designed to support, or capable of
supporting the attachment of wireless facilities, including towers, buildings,
utility poles, light poles, flag poles, signs, and water
towers.			&#8220;Micro-wireless facility&#8221; means a small cell facility that
is not larger in dimension than 24 inches in length, 15 inches in width, and 12
inches in height and that has an exterior antenna, if any, not longer than 11
inches.			&#8220;New structure&#8221; means a wireless support structure that
has not been installed or constructed, or approved for installation or
construction, at the time a wireless services provider or wireless
infrastructure provider applies to a locality for any required zoning
approval.			&#8220;Project&#8221; means (i) the installation or construction by
a wireless services provider or wireless infrastructure provider of a new
structure or (ii) the co-location on any existing structure of a wireless
facility that is not a small cell facility. &#8220;Project&#8221; does not
include the installation of a small cell facility by a wireless services
provider or wireless infrastructure provider on an existing structure to which
the provisions of &#xA7; 15.2-2316.4 apply.			&#8220;Small cell facility&#8221;
means a wireless facility that meets both of the following qualifications: (i)
each antenna is located inside an enclosure of no more than six cubic feet in
volume, or, in the case of an antenna that has exposed elements, the antenna and
all of its exposed elements could fit within an imaginary enclosure of no more
than six cubic feet and (ii) all other wireless equipment associated with the
facility has a cumulative volume of no more than 28 cubic feet, or such higher
limit as is established by the Federal Communications Commission. The following
types of associated equipment are not included in the calculation of equipment
volume: electric meter, concealment, telecommunications demarcation boxes,
back-up power systems, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and other
services.			&#8220;Standard process project&#8221; means any project other than
an administrative review-eligible project.			&#8220;Utility pole&#8221; means a
structure owned, operated, or owned and operated by a public utility, local
government, or the Commonwealth that is designed specifically for and used to
carry lines, cables, or wires for communications, cable television, or
electricity.			&#8220;Water tower&#8221; means a water storage tank, or a
standpipe or an elevated tank situated on a support structure, originally
constructed for use as a reservoir or facility to store or deliver
water.			&#8220;Wireless facility&#8221; means equipment at a fixed location
that enables wireless communications between user equipment and a communications
network, including (i) equipment associated with wireless services, such as
private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services, such as microwave backhaul, and (ii) radio
transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological
configuration.			&#8220;Wireless infrastructure provider&#8221; means any person
that builds or installs transmission equipment, wireless facilities, or wireless
support structures, but that is not a wireless services
provider.			&#8220;Wireless services&#8221; means (i) &#8220;personal wireless
services&#8221; as defined in 47 U.S.C. &#xA7; 332(c)(7)(C)(i); (ii)
&#8220;personal wireless service facilities&#8221; as defined in 47 U.S.C.
&#xA7; 332(c)(7)(C)(ii), including commercial mobile services as defined in 47
U.S.C. &#xA7; 332(d), provided to personal mobile communication devices through
wireless facilities; and (iii) any other fixed or mobile wireless service, using
licensed or unlicensed spectrum, provided using wireless
facilities.			&#8220;Wireless services provider&#8221; means a provider of
wireless services.			&#8220;Wireless support structure&#8221; means a
freestanding structure, such as a monopole, tower, either guyed or
self-supporting, or suitable existing structure or alternative structure
designed to support or capable of supporting wireless facilities.
&#8220;Wireless support structure&#8221; does not include any telephone or
electrical utility pole or any tower used for the distribution or transmission
of electrical service.

HISTORY: 2017, c. 835; 2018, cc. 835, 844.