For purposes of this chapter, the following terms, phrases, words, and their derivatives, shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the singular number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.
AFFILIATE. As to any person, each person, directly or indirectly, controlling, controlled by, or under common control with that person.
ANTENNA. Any device that transmits or receives signals. These signals include, but are not limited to, radio and infrared waves for voice, data, or video communications purposes.
APPLICABLE STANDARDS. The affected pole owner’s standards or other relevant standards governing the design, engineering, installation, maintenance, and operation of facilities, including the requirements and specifications of the National Electrical Safety Code, the National Electrical Code, the Kentucky Department of Transportation, the Occupational Safety and Health Act, the Society of Cable Television Engineers’ Recommended Practices for Coaxial Cable Construction and Testing and for Optical Fiber Cable Construction, and the standards to which a new attacher and/or preexisting attacher are subject under their applicable pole attachment agreements.
ATTACHER. Any person, corporation, or their agents or contractors, seeking to permanently or temporarily fasten or affix any type of facility of any kind to a utility pole in the rights-of-way or its adjacent ground space.
ATTACHMENT APPLICATION. The application made by an attacher to a pole owner for attachment of a facility of any kind to a utility pole.
COMMUNICATIONS. The transmission via the facilities, in whole or in part, of video, audio, data, writings, signs, signals, pictures, sounds or other forms of information or intelligence through wire, wireless or other electronic means, regardless of the federal or state statutory or regulatory scheme to which the transmissions may be subject.
COMMUNICATIONS SERVICE. The transmission of communications via facilities, to a customer, or to any other person, including a private communications system owner's provision of communications via a private communications system, that is within or outside the territorial limits of the city. COMMUNICATIONS SERVICE includes, but is not limited to, “telecommunications service,” “enhanced service,” “information service,” “Internet access service,” “broadband service,” “cable service,” “video programming service,” “other programming service,” and Internet-based or “over the top” video service offerings, as those terms are now, or may in the future be, defined under federal law. The term also includes the use of all instrumentalities, facilities, conduits, apparatus and services or functionalities (among other things, the receipt, forwarding, storage, generation or delivery of communications), incidental to or designed to directly or indirectly facilitate or accept communications.
CUSTOMER. A person located within the territorial limits of the city who ultimately uses or is intended to ultimately use communications service provided by a franchisee and is the ultimate last user of a communications service.
FACILITIES. Any portion of a system located in, along, over, upon, under, or through the rights-of-way.
FCC. The Federal Communications Commission of the United States of America, or any successor thereto.
FRANCHISE. A FRANCHISE granted under this chapter, or any other FRANCHISE granted by the city pursuant to §§ 163 and 164 of the Kentucky Constitution, or by the Kentucky General Assembly prior to the adoption of §§ 163 and 164 of the Kentucky Constitution, which permits a franchisee to install or operate any facilities in the rights-of-way to provide communications service. Use of this definition in this chapter is not intended to include any license or permit for the privilege of transacting and carrying on a business within the city, as may be required by any other ordinance or laws of the city or the state.
FRANCHISE FEE. The fee imposed by the city on the franchisee for the use of the rights-of-way pursuant to a franchise granted under this chapter.
FRANCHISEE. The person to whom a franchise is granted, or its successors, assigns, or transferees.
LESSEE. A person who provides communications services within the city solely by leasing facilities, and who has no control over what, where, or how any facilities are erected, installed, maintained, operated, repaired, removed, restored, or otherwise used.
MAKE-READY COSTS. The costs incurred by a new attacher or a preexisting attacher associated with the relocation, rearrangement, transfer, or alteration of the facilities of a preexisting attacher, undertaken to enable the new attacher’s attachment to the utility pole or similar structure, including, but not limited to, all costs and expenses related to pre-construction inspections, engineering, construction, and post-construction inspections and remediation.
NEW ATTACHER. An attacher seeking to attach, fasten, or affix a new facility to a utility pole.
PERSON. An individual, partnership, association, corporation, joint venture, legal entity or organization of any kind.
POLE OWNER. A person having ownership of a pole or similar structure in the rights-of-way to which utilities, including without limitation, electric and communications facilities, are located or may be located, whether such ownership is in fee simple or by franchise.
PREEXISTING ATTACHER THIRD-PARTY USER. The owner of any currently existing facilities on a pole or its adjacent ground space in the rights-of-way.
PRIVATE COMMUNICATIONS SYSTEM. A system used for delivering communications by a person solely in connection with the internal communications needs of that person’s business, provided that the person does not use, or permit the use of, the system to provide communications service to a customer or any other person.
PRIVATE COMMUNICATIONS SYSTEM OWNER. A person that owns or leases a private communications system.
RESELLER SERVICE PROVIDER. A person who provides communications service within the city solely by reselling communications service, and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
RIGHTS-OF-WAY. The surface and space on, above, and below every street, alley, road, highway, lane or other property dedicated or commonly used, now or hereafter, for utility purposes and facilities. RIGHTS-OF-WAY shall not include public property owned or leased by the city and not intended for RIGHTS-OF-WAY use, including, but not limited to, parks, public works property, buildings or overhead lighting.
STATE. The Commonwealth of Kentucky.
SYSTEM. Any and all equipment, structures, materials or tangible components located in the rights-of-way and used to provide communications service, including, without limitation, all plant (whether inside or outside), cabinets, surface location markers, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennae, lines, pipes, mains, conduit, ducts, regenerators, repeaters, vaults, pedestals, manholes, handholds, pull boxes, splice closures, wires, cables, towers, wave guides, and anything else designed and constructed for the purpose of producing, receiving, amplifying or distributing communications service.
(Ord. 4, Series 2020, passed 10-8-2020)