For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FRANCHISE. Includes any authorization or permission granted by the city pursuant to this chapter to erect, construct, install, or maintain (but not operate) telecommunications equipment occupying any public right-of-way within the city. Any such authorization shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city generally (commonly referred to as a "business license") as required by other ordinances and laws of this city.
FRANCHISE AGREEMENT. A negotiated, written agreement between the franchisee and the city which sets forth the terms and conditions of the grant of franchise, and which has been approved by the City Council by written ordinance.
FRANCHISE FEE. The periodic fee imposed on a franchisee for use of the public right-of-way.
FRANCHISEE. A person, firm, corporation or other legal entity granted a franchise by the City Council under this chapter (collectively "franchisee"), and the lawful successor, transferee, or assignee of such franchisee.
GROSS REVENUE. Any and all revenue or compensation in any form, of the franchisee, its parent companies, subsidiaries and affiliates for all telecommunications equipment operations and telecommunications services within the city, in accordance with generally accepted accounting principles. "Gross revenue" shall include, without limitation:
(1) Access charges paid to the franchisee by other parties.
(2) The leases or re-sales of lines or circuit paths to third parties.
(3) All telecommunications services revenues charged on a flat rate basis.
(4) All telecommunications services charges on a usage-sensitive or mileage basis.
(5) All revenues from local service.
(6) All revenues from authorized rental of conduit space.
(7) All revenues from authorized rentals of any portion of franchisee's telecommunications system, including plant, facilities, or capacity to lease to others.
(8) All other revenues collected from franchisee's telecommunications business pursued within the city, excluding third party billing arrangements not related to franchisee's telecommunication system.
(9) Recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts. Unrecovered bad debts charged off after diligent, unsuccessful efforts to collect are excludable from gross revenues from telecommunications business. The term "gross revenues" does not include revenue uncollected from customers (bad debts) and sale or lease of customer service equipment, taxes, interconnection fees paid by franchisee to other telecommunication carriers, or other similar pass through charges for which franchisee merely acts as a collecting agent and derives no economic benefit or "mark-up. "
RIGHT-OF-WAY. Any public highway, public street, public way, or public place in the city, either owned by the city or dedicated to the public for public purposes.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS EQUIPMENT. Equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
TELECOMMUNICATIONS SERVICES. The offering of telecommunications for a fee directly to the public, or to other classes of users as to be effectively available directly to the public, using a public right-of-way, regardless of the equipment used in each case.
TELECOMMUNICATIONS SYSTEM. A system used or to be used to provide telecommunications services including public or private line video, data or voice service to another person, using or crossing a right-of-way in the city other than cable television service offered pursuant to a franchise granted by the city.
(Ord. 4387, passed 1-24-00; Am. Ord. 4405, passed 2-26-01)