§ 9-591 Definitions
§ 9-592 Applicability; wireless provider; use of right-of-way; rates, fees and terms; right to access; damage and repair
§ 9-593
§ 9-594 Structures subject to zoning; time frames; application; fees
§ 9-595 Access to authority utility poles; rates and fees; collocations for other commercial projects or uses
§ 9-596 Scope of local authority
§ 9-597 Dispute resolution
§ 9-598 General requirements for use of the right-of-way
§ 9-599 Applicability

Terms Used In Arizona Laws > Title 9 > Chapter 5 > Article 8

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allotment: means the allocation of an appropriation or other fund source over a full fiscal year within a budget program or expenditure class. See Arizona Laws 35-101
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. See Arizona Laws 9-591
  • Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
  • Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 9-591
  • Application: means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. See Arizona Laws 9-591
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
  • Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
  • Authorized agent: means a commercial enterprise that is contracted to process transactions on behalf of a state agency. See Arizona Laws 35-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Budget estimates: means statements with accompanying explanations, as provided by this chapter, in which a budget unit states its financial requirements and requests appropriations. See Arizona Laws 35-101
  • Budget program: means functions and activities of a budget unit or within a budget unit that are preplanned to fulfill a distinct mission. See Arizona Laws 35-101
  • Budget unit: means any department, commission, board, institution or other agency of this state receiving, expending or disbursing state monies or incurring obligations against this state. See Arizona Laws 35-101
  • Cardholder: means any person:

    (a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Arizona Laws 35-101

  • Claim: means a demand against the state for payment for either:

    (a) Goods delivered or, in the case of highway construction, goods or facilities to be delivered by the federal government. See Arizona Laws 35-101

  • collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 9-591
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communications service: means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service. See Arizona Laws 9-591
  • Contract: A legal written agreement that becomes binding when signed.
  • Convenience fee: means an additional fee that is imposed by an authorized agent on a web-based or voice response portal transaction for the acceptance of a credit card that would not be charged if the same transaction were completed by an alternate method of payment. See Arizona Laws 35-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit card: means :

    (a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full at a future time, whether or not all or any part of the indebtedness represented by this promise to make deferred payment is secured or unsecured. See Arizona Laws 35-101

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Discount fee: means the fee that is calculated and charged by the credit card issuer or a financial institution pursuant to an agreement for the processing of any credit card transaction. See Arizona Laws 35-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible depository: means any commercial or savings bank or savings and loan association with its principal place of business in the United States which is insured by the federal deposit insurance corporation or any successor, or any other insuring instrumentality of the United States, in accordance with the applicable law of the United States or credit union which is insured by the national credit union administration. See Arizona Laws 35-310
  • Encumbrance: means an obligation in the form of any purchase order, contract or other commitment that is chargeable to an appropriation or any other authorized fund source and for which a part of the fund source is reserved. See Arizona Laws 35-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenditure class: means one of the kinds of expenditure denoting a class of services or commodities purchased or properties acquired as specified in the classification of expenditures prescribed by the director of the department of administration for use in expenditure accounting, in making budget estimates and in the budget reports and budgets. See Arizona Laws 35-101
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee: means a onetime charge. See Arizona Laws 9-591
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operating monies: means those treasury monies the interest from which is paid to the state general fund. See Arizona Laws 35-310
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permanent endowment funds: means those funds or any part of a fund, established by law, to retain trust monies, not wholly expendable by the beneficiary on a current basis. See Arizona Laws 35-310
  • Permit: means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. See Arizona Laws 9-591
  • Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prepayment: means the payment of a claim before receiving the goods or services. See Arizona Laws 35-101
  • Private easement: means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. See Arizona Laws 9-591
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Processing fee: means a fee that is charged by an entity other than a credit card issuer or the processing financial institution to process a credit card transaction. See Arizona Laws 35-101
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public money: as used in this article includes bonds and evidence of indebtedness, and money belonging to, received or held by, state, county, district, city or town officers in their official capacity. See Arizona Laws 35-302
  • Purchase order: means a document that is signed by the appropriate agency authorized signatory, that requests a vendor to deliver described goods or services at a specific price and that on delivery and acceptance of the goods or services by this state becomes an obligation of this state. See Arizona Laws 35-101
  • Rate: means a recurring charge. See Arizona Laws 9-591
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right-of-way: means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 9-591
  • Service fee or surcharge: means a fee, whether fixed or variable, that is in addition to the transaction amount, that is charged by a state agency when the state agency accepts a credit card for payment and that is necessary for the state agency to process the payment. See Arizona Laws 35-101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small wireless facility: means a wireless facility that meets both of the following qualifications:

    (a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591

  • Special taxing district: means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 22. See Arizona Laws 9-591
  • Statute: A law passed by a legislature.
  • Transaction amount: means the total amount due to the state for any goods, service or license or anything else of value. See Arizona Laws 35-101
  • Treasury monies: means all monies in the treasury of this state or coming lawfully into the possession or custody of the state treasurer. See Arizona Laws 35-310
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust monies: means treasury monies, other than operating monies, that are entrusted to the state treasurer for preservation and investment. See Arizona Laws 35-310
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
  • Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
  • Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
  • Writing: includes printing. See Arizona Laws 1-215