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(2) Removal of small cell facilities; or
<br />(3) Replacement of small cell facilities
<br />FRANCHISE A UTHORITYY, See CABLE FRANCHISE
<br />FCC. The U.S. Federal Communications Commission and any legally appointed, designated, or
<br />elected agent or successor.
<br />HISTORIC DISTRICT and LANDMARKS. That portion of the city designated by the
<br />Landmarks Commission as a Historic District or as a City Landmark goRo -ally rof rFd to as
<br />Ritt*effluc Ridge ; isterie Pist,;et and as defined by Chapter 165 of the codified ordinances,
<br />including such landmarks recognized by State and Federal law.
<br />MICRO WIRELESS FACILITY. A small cell facility that is not more than twenty-four inches
<br />in length, fifteen inches in width, and twelve inches in height and that does not have an exterior
<br />antenna more than eleven inches in length suspended on cable strung between wireless support
<br />structures.
<br />OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES or OMUTCD. The
<br />uniform system of traffic control devices promulgated by the Ohio Department of
<br />Transportation.
<br />OCCUPY OR USE. With respect to the right-of-way, to place a tangible thing in the right-of-
<br />way for any purpose, including, but not limited to, constructing, repairing, positioning,
<br />maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures,
<br />appurtenances, or facilities necessary for the delivery of public utility services or any services
<br />provided by a cable operator.
<br />PERSON. Any individual, firm, partnership, association, corporation, company, or other legal
<br />entity, private or public, whether for profit or not-for-profit.
<br />PUBLIC UTILITY or UTILITY. A facilities -based provider of wireless service to one or more
<br />end users in this state, or any company described in section 4905.03 of the Ohio Revised Code
<br />and as further defined in section 4905.02 of the Ohio Revised Code, including but not limited to
<br />the following types of companies: telephone, electric light, gas, natural gas, pipe -lines, water-
<br />works, and sewage disposal systems.
<br />RIGHT-OF-WAY OCCUPANCY FEE. A fee levied to recover the costs incurred by the city
<br />and 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
<br />portions of any public street, public road, public highway, public freeway, public lane, public
<br />path, public bike path, public way, public alley, public court, public sidewalk, public boulevard,
<br />public parkway, public drive and any other land dedicated or otherwise designated for the same
<br />now or hereafter held by the city which shall, within its proper use and meaning in the sole
<br />opinion of the City Engineer, entitle a permittee, in accordance with the terms hereof and of any
<br />right-of-way permit, to the use thereof for the purpose of installing or operating any poles,
<br />wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes,
<br />amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary
<br />and pertinent to the provision of utility, cable television, communications or other services as
<br />set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not
<br />include private easements or public property, except to the extent the use or occupation of
<br />public property is specifically granted in a right-of-way permit or by administrative regulation.
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