For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined herein shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning.
ABOVEGROUND FACILITIES. See OVERHEAD FACILITIES.
AFFILIATED INTEREST. Has the same meaning as O.R.S. 759.010.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521, et seq., as now and hereafter amended.
CABLE SERVICE. Defined consistent with federal laws and means the 1-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CITY. The City of Banks, an Oregon municipal corporation, and individuals authorized to act on the city's behalf.
CITY COUNCIL. The elected governing body of the City of Banks, Oregon.
CONTROL or CONTROLLING INTEREST. Actual working control in whatever manner exercised.
CITY PROPERTY. All real property owned by the city, other than public rights-of-way and utility easements as those are defined herein, and all property held in a proprietary capacity by the city, which are not subject to right-of-way franchising as provided in this chapter.
CONDUIT. Any structure, or portion thereof, containing 1 or more ducts, conduits, manholes, handholes, bolts, or other facilities used for any telegraph, telephone, cable television, electrical, or communications conductors, or cable right-of-way, owned or controlled, in whole or in part, by 1 or more public utilities.
CONSTRUCTION. Any activity in the public rights-of-way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities.
DAYS. Calendar days unless otherwise specified.
DUCT. A single enclosed raceway for conductors or cable.
EMERGENCY. Has the meaning provided for in O.R.S. 401.025.
FEDERAL COMMUNICATIONS COMMISSION or FCC. The Federal Administrative Agency, or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
FRANCHISE. An agreement between the city and a grantee which grants a privilege to use public right-of-way and utility easements within the city for a dedicated purpose and for specific compensation.
GRANTEE. The person to which a franchise is granted by the city.
OREGON PUBLIC UTILITIES COMMISSION or OPUC. The statutorily created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in Oregon Law, or its lawful successor.
OVERHEAD OR ABOVEGROUND FACILITIES. Utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON. An individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company.
PRIVATE TELECOMMUNICATIONS NETWORK. A system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service which is owned or operated exclusively by a person for their use and not for resale, directly or indirectly. PRIVATE TELECOMMUNICATIONS NETWORK includes services provided by the State of Oregon pursuant to O.R.S. 190.240 and 283.140.
PUBLIC RIGHTS-OF-WAY. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including the subsurface under and air space over these areas. This definition applies only to the extent of the city's right, title, interest or authority to grant a franchise to occupy and use such areas for telecommunications facilities. PUBLIC RIGHTS-OF-WAY shall also include utility easements as defined below.
STATE. The State of Oregon.
TELECOMMUNICATIONS. The transmission between and 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 ACT. The Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. §§ 151 et seq.) and as hereafter amended.
TELECOMMUNICATIONS CARRIER. Any provider of telecommunications services and includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the city.
TELECOMMUNICATIONS FACILITIES. The plant and equipment, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services.
TELECOMMUNICATIONS SERVICE. Two-way switched access and transport of voice communications but does not include: services provided by radio common carrier; 1-way transmission of television signals; surveying; private telecommunications networks; or communications of the customer which take place on the customer side of on-premises equipment.
TELECOMMUNICATIONS SYSTEM. See TELECOMMUNICATIONS FACILITIES above.
TELECOMMUNICATIONS UTILITY. Has the same meaning as O.R.S. 759.005(1).
UNDERGROUND FACILITIES. Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE All the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits. There is a rebuttable presumption that 6 feet of a pole is buried below ground level.
UTILITY EASEMENT. Any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes.
UTILITY FACILITIES. The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used or to be used for the purpose of providing utility or telecommunications services.
(Ord. 2007-06-01, passed 6-12-2007)