For the purpose of this title, 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:
AFFILIATE: A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
ANNUAL GROSS REVENUE: Reserved.
CABLE ACT: The cable communications policy act of 1984, 47 USC section 532 et seq., as now and hereafter amended.
CABLE OPERATOR: A telecommunications carrier providing or offering to provide "cable service" within the village as that term is defined in the cable act.
CABLE SERVICE: Shall have the same meaning provided by the cable act.
CORPORATE AUTHORITIES: The president and board of trustees of the village.
EXCESS CAPACITY: The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCC OR FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
ICC OR ILLINOIS COMMERCE COMMISSION: The state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the state of Illinois.
OTHER WAYS: The highways, streets, alleys, utility easements or other rights of way within the village, but under the jurisdiction and control of a governmental entity other than the village.
OVERHEAD FACILITIES: Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON: Means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
PUBLIC STREET: Any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the village which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY: Means and includes all public streets and utility easements, as those terms are defined in this section, now or hereafter owned by the village, but only to the extent of the village's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
STATE: The state of Illinois.
SURPLUS SPACE: 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 the Illinois commerce commission, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER: Means and includes every person that directly or indirectly owns, controls, operates or manages a plant, equipment or property within the village, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES: The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS PROVIDER: Means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
TELECOMMUNICATIONS SYSTEM: See definition of Telecommunications Facilities.
UNDERGROUND FACILITIES: Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE: 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 Illinois commerce commission.
UTILITY EASEMENT: Any easement owned by the village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES: The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the village and used or to be used for the purpose of providing utility or telecommunications services.
VILLAGE: The village of Berkeley.
VILLAGE PROPERTY: Means and includes all real property owned by the village, other than public streets and utility easements, as those terms are defined in this section, and all property held in a proprietary capacity by the village which are not subject to right of way licensing and franchising as provided in this title. (Ord. 96-10, 5-7-1996)