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<br /> <br /> <br />utility but builds or installs on behalf of a wireless service provider: <br />(i) network nodes; or <br />(ii) node support poles or any other structure that supports or is capable of <br />supporting a network node. <br />(14) "Node support pole" means a pole installed by a network provider for the primary <br />purpose of supporting a network node. <br />(15) "Permit" means a written authorization for the use of the public right-of-way or <br />collocation on a service pole required from a municipality before a network provider may <br />perform an action or initiate, continue, or complete a project over which the municipality has <br />police power authority. <br />(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or <br />utility pole. <br />(17) "Private easement" means an easement or other real property right that is only for <br />the benefit of the grantor and grantee and their successors and assigns. <br />(18) "Public right-of-way" means the area on, below, or above a public roadway, <br />highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality <br />has an interest. The term does not include: <br />(A) a private easement; or <br />(B) the airwaves above a public right-of-way with regard to wireless <br />telecommunications. <br />(19) "Public right-of-way management ordinance" means an ordinance that complies <br />with Subchapter C. <br />(20) "Public right-of-way rate" means an annual rental charge paid by a network <br />provider to a municipality related to the construction, maintenance, or operation of network <br />nodes within a public right-of-way in the municipality. <br />(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or <br />operated by a municipality and located in a public right-of-way, including: <br />(A) a pole that supports traffic control functions; <br />(B) a structure for signage; <br />(C) a pole that supports lighting, other than a decorative pole; and <br />(D) a pole or similar structure owned or operated by a municipality and <br />supporting only network nodes. <br />(22) "Transport facility" means each transmission path physically within a public right- <br />of-way, extending with a physical line from a network node directly to the network, for the <br />purpose of providing backhaul for network nodes. <br />(23) "Utility pole" means a pole that provides: <br />(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or <br />(B) services of a telecommunications provider, as defined by Section 51.002, <br />Utilities Code. <br />(24) "Wireless service" means any service, using licensed or unlicensed wireless <br />spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the <br />public using a network node. <br />(25) "Wireless service provider" means a person that provides wireless service to the <br />public. <br /> <br />25 <br /> <br /> <br />