For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(a) "Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person.
(b) "Annual Gross Revenue" means all revenue, as determined in accordance with generally accepted accounting principles (including, without limitation, subscription, equipment and advertising revenue), which is received directly or indirectly from the distribution of any Service over a Permit Holder's Facilities located within the City. Gross Revenues do not include sales and use tax, franchise fees, and other governmental charges and fees collected by a Permit Holder.
(c) "Cable Television Operator" means a Person providing or offering to provide cable television service within the City as that term is defined in the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended.
(d) "City" means the City of Bedford.
(e) "City Manager" means the City Manager or his or her designee.
(f) "City Property" means and includes all real property owned by the City, other than Public Streets and Public Utility Easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to public way permits and franchising as provided in this chapter.
(g) "Excavations or "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of the Public Way.
(h) "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, or other Facility within the Public Way that is or will be available for use for additional Facilities.
(i) "Facilities" or “System” means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground within the Public Ways of the City and used or to be used to transmit, receive, distribute, provide or offer Services but also including Private Facilities.
(j) "Other Ways" means the highways, streets, alleys, Public Utility Easements or other rights of way within the City, but under the jurisdiction and control of a governmental entity other than the City.
(k) "Overhead Facilities" means Facilities, including utility poles and wires, cables and other such equipment running between, and on, such poles, located above the surface of the ground, and including the underground supports and foundations for such facilities.
(m) "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals and include their lessors, trustees and receivers.
(n) "Private Facility" means the plant, equipment and property, including but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute or provide telecommunications, cable television or other Services between or among private buildings or facilities where there is no offer of service to the public.
(o) "Public Street" means any highway, street, alley or other public right-of-way for travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to street purposes not inconsistent with Facilities.
(p) "Public Utility Easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with Facilities.
(q) "Public Way" means and includes all Public Streets and Public Utility Easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or franchise to occupy and use such streets and easements for Facilities including cable television service Facilities.
(r) "PUCO" or "Public Utilities Commission of Ohio" means the State Administrative agency, or lawful successor, authorized to regulate and oversee certain Service Providers and Services in the State of Ohio.
(s) "Reconstruct" shall mean substantial physical changes to all or a portion of the System which will involve construction within the Public Street, Public Utility Easements, or Public Ways.
(t) "Service" means the offering of utilities or telecommunications, including cable television service, for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.
(u) "Service Provider" means and includes every Person that directly or indirectly owns, controls, operates or manages any Facility, System, plant, equipment or property within the City, used or to be used for the purpose of offering Service within the City or outside the City's boundaries.
(v) "State" means the State of Ohio.
(w) "Surplus Space" means that portion of the Usable Space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by a Service Provider for a pole attachment.
(x) "Underground Facilities" means Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
(y) "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(z) "Use Permit" has the meaning given to it in Section 907.14(a).
(Ord. 6914-97. Passed 3-17-97.)