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May 17, 2004 Page 451 2 o 3 0 7 o 10. 11. 12. 13. 14. 15. 16. 17. "Applicant" means any Wireless service provider submitting an Application for a Conditional Use Permit for Wireless Telecommunications Facilities. "Application" means all necessary and appropriate documentation that an Applicant submits in order to receive a Conditional Use Permit for Wireless Telecommunications Facilities. "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), microwave Telecommunications and services not licensed by the FCC, but not expressly exempt from the County's siting, building and permitting authority. "Co-location" means the use of a Tower or structure to support Antennae for the provision of wireless services without increasing the height of the Tower or structure. "Commercial Impracticability" or ~Commercially Impracticable" means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "commercial impracticable" and shall not render an act or the terms of an agreement "commercially impracticable". "Completed Application" means an Application that contains all information and/or data necessary to enable an informed decision to be made with respect to an Application. "Commission" means the County Commission of the County of Cabarrus. "Conditional Use Permit" means the official document or permit by which an Applicant is allowed to construct and use Wireless Telecommunications Facilities as granted or issued by the County. "County" means Cabarrus County, North Carolina. "FAA" means the Federal Aviation Administration, or its duly designated and authorized successor agency. "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency. "Height" means, when referring to a Tower or structure, the distance measured from the pre-existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna or lightening protection device. "Modification" or "Modify" means, the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a Telecommunications Tower or Telecommunications Site is a modification. A Modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything. "NIER" means Non-Ionizing Electromagnetic Radiation "Person" means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other entity. "Personal Wireless Facility" Telecommunications Facilities' See definition for 'Wireless