“Act” means a decision to grant, condition, or deny the use condition, or deny a permit, which may be subject to administrative appeal, or a notification to the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period.

“Base station” means a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower.

“City Engineer” means the City Engineer of the city of Anacortes, Washington, acting in his or her official capacity, and his or her designee(s).

“Complex project” means a construction project involving, by way of example only: adding, installing, or relocating numerous conduits, wires, lines, poles, pipes, cables, communication and signal lines, braces, guys, anchors, vaults, pedestals, antennas, and/or other structures, equipment and appurtenances to a public utility or wireless facility; navigating intricate or complicated facility or land ownership issues; determining whether significant environmental impact(s) exist; and/or the analysis of highly technical structural or engineering information or reports.

“Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city, including, but not limited to, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.

“Facilities” means all of the towers, equipment, fixtures, antennas, equipment cabinets, equipment shelters, and other appurtenances necessary to furnish and deliver wireless services, including but not limited to utilities, monopoles, and street poles with cross arms or without cross arms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of wireless services. Facilities include “small wireless facilities” as defined in subsection S of this section.

“Master permit” means the agreement whereby the city of Anacortes may grant general permission to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities. This definition is not intended to limit, alter, or change the extent of the existing authority of the city of Anacortes to require a franchise, nor does it change the status of a service provider asserting an existing statewide grant based on a predecessor telephone or telegraph company’s existence at the time of the adoption of the Washington State Constitution to occupy the right-of-way. A master permit does not include cable television franchises or permits.

“Overhead facilities” means utility poles, utility facilities and wireless facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

“Permittee” means the public utility, service provider, or other person authorized under a master permit or construction permit under the provisions of this chapter.

“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.

“Public improvement,” as used herein, means all work, construction, alterations, repair or improvements within the public right-of-way, executed at the cost or under contract of the city, or caused to be performed by any person or entity as a condition or requirement of an approval or permit for zoning, land use, construction, or development if dedicated or required to be dedicated to the public use, benefit or enjoyment.

“Public right-of-way” means any highway, street, alley, other public right-of-way, or easement for motor vehicles under the jurisdiction and control of the city which has been acquired, established, dedicated or devoted to such purposes, but only to the extent of the city’s right, title, interest or authority to grant a permit to occupy and use such streets and easements for wireless and utility facilities.

“Public utility,” as used herein, means a company or entity engaged in any business or service regularly supplying the public with some commodity or service which is a public need and consequence, such as natural gas, electricity, water or sanitary sewer, including any business subject to regulation as to rates and service by the Utilities and Transportation Commission under the provisions of RCW Title 81.

“Service provider” means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing wireless service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.

“Small wireless facility” encompasses facilities that meet the following conditions:

“Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by federal or state orders and regulations, to allow its use by a public utility or wireless carrier for a pole attachment. “Surplus space” also includes usable space within underground conduits and ducts when the necessary clearance from other users, as required by federal or state orders and regulations, can be achieved;

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

“Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any federal or state orders and regulations.

“Utility easement” means any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes.

“Utility facilities” as used herein means all conduit, wires, lines, poles, pipes, cables, communication and signal lines, braces, guys, anchors, vaults, pedestals, antennas, and all other structures, equipment and appurtenances thereto owned, operated or maintained by a public utility and used to furnish utility services.

“Wireless support structure” or “support structure” means a freestanding structure that is designed to support or is capable of supporting wireless facilities. The term does not include a utility pole, monopole, street pole, or tower.

“Wireless telecommunications carrier” or “wireless carrier” means and includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating, or managing any facilities used to provide wireless telecommunications for hire, resale to the general public within this state;

“Wireless telecommunications” or “wireless” means the transmission of information by wire, radio, optic cable, electromagnetic, or similar means for hire, sale or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, wireless telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals and excludes “cable services,” “cable communications systems” and “CATV systems” as defined in AMC Chapter 5.44. (Ord. 3039 § 2, 2019)