West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-2 - Definitions. See W. Va. Code Section31H-1-2)

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Antenna" means communications equipment
				that transmits or receives electromagnetic radio frequency signals used in the
				provision of wireless services.
2.2. "Affidavit" means a properly executed
				sworn statement averring that the applicant has contacted the utility pole
				owner for permission to locate a small wireless facility on the pole.
2.3. "Applicable codes" means uniform
				building, fire, electrical, plumbing, or mechanical codes adopted by a
				recognized national code organization or local amendments to those codes,
				including the National Electrical Safety Code.
2.4. "Applicant" means any person who submits
				an application and is a wireless provider.
2.5. "Application" means a request submitted
				by an applicant to the Division for a permit to collocate small wireless
				facilities or to approve the installation, modification, or replacement of a
				utility pole or wireless support structure.
2.6. "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.
2.7.
				"Authority utility pole" means a utility pole owned or operated by an authority
				in a public right-of-way.
2.8.
				"Collocate" or "collocation" means to install, mount, maintain, modify,
				operate, or replace wireless facilities on or adjacent to a wireless support
				structure or utility pole.
2.9.
				"Commissioner" means the Commissioner of the West Virginia Division of
				Highways.
2.10. "Communications
				facilities" means the set of equipment and network components, including wires,
				cables, antennas, and associated facilities, used by a communications service
				provider to provide communications service.
2.11. "Communications service" means cable
				service, as defined in
				47
				U.S.C. 522(6), as amended;
				information service, as defined in
				47
				U.S.C. 153(24), as amended;
				telecommunications service, as defined in
				47
				U.S.C. 153(53), as amended;
				mobile service, as defined in
				47
				U.S.C. 153(33), as amended;
				or wireless service other than mobile service.
2.12. "Communications service provider" means
				any entity that provides communications service.
2.13. "Decorative pole" means an
				Divisionutility pole that is specially designed and placed for aesthetic
				purposes and on which no appurtenances or attachments, other than a small
				wireless facility, or specially designed informational, or directional signage,
				or temporary holiday or special event attachments have been placed, or are
				permitted to be placed, according to nondiscriminatory municipal rules or
				codes.
2.14. "District" means one
				of the management areas of the state, which include one or more counties,
				established by the Division of Highways, with each district headed by a
				separate district engineer or manager. A list of the Division of Highways'
				Districts and contact information for each is available on the Division's
				website at
https://transportation.wv.gov/highways/districts/Pages/default.aspx
.
2.15. "Division" means the West Virginia
				Division of Highways.
2.16.
				"Existing Utility Status Report" means a written document that identifies and
				locates all private and public utility companies, owning facilities located
				within the area of influence of the proposed activity. The report must certify
				that those utility companies were consulted, and that each utility's location,
				bearing, grade, depth, and diameter is accurately represented on the plans and
				profiles.
2.17. "FCC" means the
				Federal Communications Commission of the United States.
2.18. "Fee" means a one-time, nonrecurring
				charge.
2.19. "Law" means a federal
				or state statute, common law, code, rule, regulation, order, or a local
				ordinance or resolution.
2.20.
				"Micro wireless facility" means a small wireless facility that is not larger in
				dimension than 24 inches in length, 15 inches in width, and 12 inches in height
				and any exterior antenna 11 inches or less.
2.21. "Permit" means an encroachment permit,
				MM-109, that provides the written authorization required by the Division to
				perform an action or initiate, continue, or complete a project on the
				Division's right-of-way.
2.22.
				"Right-of-way" means the area on, below, or above a Division public roadway,
				highway, street, sidewalk, alley, utility easement, or similar property, but
				not including interstate highway.
2.23. "Small wireless facility" means a
				wireless facility that meets both of the following qualifications:
2.23.1. Each antenna could fit within an
				imaginary enclosure of no more than 6 cubic feet; and
2.23.2. All other wireless equipment
				associated with the facility is cumulatively no more than 28 cubic feet in
				volume. The following types of associated ancillary equipment are not included
				in the calculation of equipment volume: Electric meter, concealment elements,
				telecommunications demarcation box, ground-based enclosures, grounding
				equipment, power transfer switch, cut-off switch, and vertical cable runs for
				the connection of power and communications services.