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following types of companies: telephone, electric light, gas, natural gas, pipe -lines, water- works,
<br />and sewage disposal systems.
<br />RIGHT-OF-WAY OCCUPANCY FEE. A fee levied to recover the costs incurred by the city and
<br />associated with the occupancy or use of right-of-way.
<br />RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions
<br />of any public street, public road, public highway, public freeway, public lane, public path, public
<br />bike path, public way, public alley, public court, public sidewalk, public boulevard, public
<br />parkway, public drive and any other land dedicated or otherwise designated for the same now or
<br />hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the
<br />City Engineer, entitle a permittee, in accordance with the terms hereof and of any right-of-way
<br />permit, to the use thereof for the purpose of installing or operating any poles, wires, cables,
<br />transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances,
<br />attachments or other property or facilities as may be ordinarily necessary and pertinent to the
<br />provision of utility, cable television, communications or other services as set forth in any service
<br />agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or
<br />public property, except to the extent the use or occupation of public property is specifically granted
<br />in a right-of-way permit or by administrative regulation.
<br />RIGHT-OF-WAYPERMIT, NON-RESIDENTIAL. A permit issued by the city as required by
<br />Chapter 902 (Right -of -Way Management) of the Codified Ordinances that must be obtained in
<br />order to perform any work in, on, above, within, over, below, under, or through any part of the
<br />public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling,
<br />trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the
<br />surface of any paved, improved, or unimproved surface that is part of the right- of -way.
<br />RIGHT-OF-WAYPERMIT, SMALL CELL. Means a small cell facility or wireless support
<br />structure right-of-way occupancy permit as further defined in Section 904.04.
<br />SMALL CELL DESIGN GUIDELINES. Means those detailed design guidelines, specifications
<br />and examples promulgated by the City Engineer for the design and installation of small cell
<br />facilities and wireless support structures in the right-of-way, which are effective insofar as they do
<br />not conflict with federal and state law, rule and regulations.
<br />SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
<br />(I)Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in
<br />the case of an antenna that has exposed elements, the antenna and all of its exposed
<br />elements could fit within an enclosure of not more than six cubic feet in volume.
<br />(2)All other wireless equipment associated with the facility is cumulatively not more than
<br />twenty-eight cubic feet in volume. The calculation of equipment volume shall not include
<br />electric meters, concealment elements, telecommunications demarcation boxes, grounding
<br />equipment, power transfer switches, cut-off switches, and vertical cable runs for the
<br />connection of power and other services.
<br />SMALL CELL FACILITY OPERA TOR or OPERATOR. A wireless service provider, or its
<br />designated agent, or cable operator, or its designated agent, or a video service provider, or its
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