Terms Used In West Virginia Code > Chapter 31H > Article 2 - Access to Public Rights-of-Way

• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See West Virginia Code 31H-1-2
• Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code. See West Virginia Code 31H-1-2
• Applicant: means any person who submits an application and is a wireless provider. See West Virginia Code 31H-1-2
• Application: means a request 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 West Virginia Code 31H-1-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the State of West Virginia or a political subdivision that has jurisdiction and control for use of public rights-of-way as provided by this code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way. See West Virginia Code 31H-1-2
• Authority utility pole: means a utility pole owned or operated by an authority in a public right-of-way. See West Virginia Code 31H-1-2
• collocation: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. See West Virginia Code 31H-1-2
• Commissioner: means the Commissioner of the West Virginia Division of Highways. See West Virginia Code 31H-1-2
• Communications facilities: means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service. See West Virginia Code 31H-1-2
• Communications service: means cable service, as defined in 47 U. See West Virginia Code 31H-1-2
• Communications service provider: means any entity that provides communications service. See West Virginia Code 31H-1-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Division: means the West Virginia Division of Highways. See West Virginia Code 31H-1-2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• FCC: means the Federal Communications Commission of the United States. See West Virginia Code 31H-1-2
• Fee: means a one-time, nonrecurring charge. See West Virginia Code 31H-1-2
• Historic district: means a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI. See West Virginia Code 31H-1-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• 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 a federal or state statute, common law, code, rule, regulation, order, or a local ordinance or resolution. See West Virginia Code 31H-1-2
• Permit: means a written authorization required by an authority to perform an action or initiate, continue, or complete a project. See West Virginia Code 31H-1-2
• Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority. See West Virginia Code 31H-1-2
• Rate: means a recurring charge. See West Virginia Code 31H-1-2
• Right-of-way: means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property, but not including a federal interstate highway. See West Virginia Code 31H-1-2
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  (A) Each antenna could fit within an imaginary enclosure of no more than 6 cubic feet. See West Virginia Code 31H-1-2

• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Utility pole: means a pole or similar structure that is or may be used, in whole or in part, by a communication services provider or for electric distribution, lighting, traffic control, signage (if the pole is 15 feet or taller), or a similar function, or for the collocation of small wireless facilities. See West Virginia Code 31H-1-2
• Wireless facility: includes small wireless facilities. See West Virginia Code 31H-1-2
• Wireless provider: means a wireless infrastructure provider or a wireless provider. See West Virginia Code 31H-1-2
• Wireless services: means any services, using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile location, provided to the public using wireless facilities. See West Virginia Code 31H-1-2
• Wireless support structure: means a structure, such as a monopole. See West Virginia Code 31H-1-2
• Wireline backhaul facility: is a facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire. See West Virginia Code 31H-1-2