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Section 2: Definitions

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List of Definitions

The following words, terms, and phrases, when used in these Design Standards, shall have the meanings ascribed to them in this section except where the context indicates a different meaning.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wireless Services.

Applicable Codes means:

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  1. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, including without limitation the National Electric Code, the National Electric Safety Code, American National Standards Institute & Telecommunications Industry Association (“ANSI/TIA”) Structural Standards, National Fire Protection Association (“NFPA”) standards, and the International Building Code; and
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  3. Federal, state, or local law applicable to activities undertaken pursuant to the Utility Permit

Applicable Engineering Standards means all engineering or safety standards governing the Broadband Installation, maintenance and operation of facilities, and the performance of all work in or around Department Facilities, including without limitation the Department's (or other relevant authorities') clearance standards, the National Electric Safety Code (“NESC”), the National Electrical Code (“NEC”), the Texas Health & Safety Code, Chapter 752 (Vernon 1992), and any subsequent amendments that relate to the maintenance of proper clearances and related safety issues, the regulations of the Occupational Safety and Health Act (“OSHA”), applicable regulations of the Federal Communications Commission (“FCC”), applicable regulations of the Environmental Protection Agency (“EPA”), or other requirements of the Department, including as-yet-unadopted local, state, or national standards that are non-discriminatory to the installation owner as compared to all other similarly situated persons and types of facilities, provided, however, that new or revised engineering standards will not apply retroactively unless required by law.

Attachment means a Broadband Installation on a Department Service Structure or third-party Pole.

Broadband Installation means and includes a Network Provider's installation of a Network Node attached to a Department Service Structure or other Pole in Department Rights-of-Way including, without limitation, a Node Support Pole, together with any broadband facilities installed in Department Rights-of-Way in conjunction with a Network Node.

Broadband Service means internet service with the capability of providing a download speed of 25 megabits per second or faster and upload speed of 3 megabits per second or faster.

Broadband Service Provider is an entity that exclusively provides Broadband Service.

Collocate and Collocation means the installation, mounting, maintenance, modification, operation, or replacement of Network Nodes in a Department Right-of-Way on or adjacent to a Pole or Department Service Structure.

Concealment Elements means physical designs or treatments that minimize adverse aesthetic and visual impacts on the view from land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a Broadband Installation, including a Network Node or Node Support Pole, which shall mean the least visually and physically intrusive facility, and that is not technologically or commercially impracticable under the facts and circumstances.

Cubic Volume means the total measure of all the Network Node equipment (antenna and ancillary). For any Network Node equipment that is irregular in shape, the greatest length, width, and depth will be used. Dimensions will be listed in inches for calculating cubic volume. Volume shall be listed in cubic feet.

Decorative Pole means a Pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to non-discriminatory municipal codes.

The Department means and includes the Texas Department of Transportation, its successors and assigns, and its authorized agents, representatives, employees, or contractors.

Department Facilities means and includes Department-owned or managed property of all kinds, including without limitation Department Service Structures, Department Rights-of-Way, and appurtenances the Department may place in the Department Rights-of-Way.

Department Right-of-Way or Department Rights-of-Way means the area or areas on, below, above, or adjacent to public roadways, highways, or streets or public sidewalks, alleys, waterways, or utility easements the Department administers. The term does not include:

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  1. a Private Easement; or
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  3. the airwaves above a Department Right-of-Way with regard to Broadband telecommunications.

Design District means an area, including an overlay district, that is zoned or otherwise designated by local municipal codes or regulations for which an affected municipality maintains and enforces unique design and aesthetic standards which are reasonable, objective, published in advance, and applied on a uniform and non-discriminatory basis.

Design Documentation means all documentation required for a complete Utility Permit application as defined in these Design Standards.

District Engineer means the Department's District Engineer for the location where the Individual Site(s) are situated or his or her delegate.

Highway Facility means any present or future physical roadway improvements within existing or future Department Rights-of-Way, including, but not limited to, duct banks installed by the Department, bridges, embankments, drainage areas, traffic signals, signs, and roadway surfaces as well as structures and facilities not physically located within the highway right of way that are used in the construction, maintenance, or operation of a highway, including, but not limited to, warehouses, storage areas, maintenance sites, roadside parks, administration buildings, and parking lots, except for improvements constructed or placed on an Individual Site or permitted facility by Installation Owner.

Historic District means an area that is zoned or otherwise designated as a historical preservation district under local, state, or federal law.

Improvements mean all Network Nodes, Node Support Poles, Node Transport Facilities, or related facilities Installation Owner constructs according to the permissions granted in the Utility Permit.

Installation Owner means a Network Provider that desires to install, own, maintain, repair, or operate Network Nodes providing Broadband Services on or supported by Department-owned Service Structures or other Poles in the Department Rights-of-Way.

Joint Use Structure means a pole or other structure supporting a small cell antenna owned or operated by more than one carrier.

Law means applicable common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.

Macro Tower means a guyed or self-supported pole, monopole, lattice tower, or guyed towers supporting a broadband installation within the Department Rights-of-Way.

Make-Ready Charges means the cost of all work that is required to accommodate or accomplish Make-Ready Construction.

Make-Ready Construction means all work that is required to accommodate Installation Owner's Broadband Installation on a Service Structure in compliance with the Applicable Engineering Standards and these Design Standards. Make-Ready Construction may include but is not limited to, engineering design, pole loading analysis, electrical construction, communications construction, Broadband Installation construction, Service Structure replacement, where applicable, and a post-construction inspection.

Network Node means equipment at a fixed location that enables broadband communications between the user equipment and a communications network. The term:

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  1. includes:
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    1. equipment associated with broadband communications;
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    3. a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
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    5. a coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
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  3. does not include:
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    1. an electric generator;
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    3. a Service Structure;
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    5. a Pole; or
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    7. a Macro Tower.

Network Provider means:

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  1. a Broadband Service Provider; or
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  3. a person that does not provide Broadband Service and that is not an electric utility but builds or installs on behalf of a Broadband Service Provider:
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    1. Network Nodes; or
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    3. Node Support Poles or any other structure that supports or is capable of supporting a Network Node.

Node Position Key means an annotated cross-section schematic showing the reference of the Attachment on the horizontal plane.

Node Support Pole means a pole installed by a Network Provider for the primary purpose of supporting a Network Node.

Node Transport Facility or Node Transport Facilities means the transmission path or paths within the Department Rights-of-Way from a Network Node directly to the network fiber, for the purpose of providing backhaul for Network Nodes.

Plan View or Plan means a top view of a three-dimensional object.

Pole means a vertical, wood or metal, support structure, including a Node Support Pole, or a Utility Pole.

Profile View or Profile means a side view of a three-dimensional object.

Service Structure means a Department-owned or operated, vertical, wood or metal, support structure located in a Department Right-of-Way, including a similar structure that is owned or operated by the Department and that the Department specifies in these Design Standards as being available for the support of Network Nodes.

Typical Detail or Typical means an annotated depiction of a certain installation or universal to many installations.

Unauthorized Broadband Installation means a Broadband Installation made on a Department Service Structure or in Department Rights-of-Way without an approved Utility Permit or otherwise not in compliance with an effective Utility Permit.

Utility means any entity owning a utility facility. Defined in Title 43, Texas Administrative Code, Rule §21.31, Definitions.

Utility Installation Review or UIR system is a TxDOT online application system used to apply for permits/leases in the Department's Rights-of-Way.

Utility Permit is TxDOT approval allowing the installation of a utility's infrastructure in TxDOT Right of Way.

Utility Pole means a Pole that provides:

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  1. electric distribution with a voltage rating of not more than 34.5 kilovolts phase-to-phase; and/or
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  3. services of a telecommunications provider, as defined by Section 51.002, Utilities Code.

Wireless Service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a Network Node.

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