Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the plural number, words in the plural number include the singular. The words “shall” and “will” are mandatory, and “may” is permissive. Words not defined shall be given their common and ordinary meaning. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICATION. The process by which a provider submits a request and indicates a desire to be granted a franchise to utilize the rights-of-way of all, or a part, of the city. An APPLICATION includes all written documentation, verbal statements and representations, in whatever form or forum, made by a provider to the city concerning: the construction of a telecommunications system over, under, on or through the rights-of-way; the telecommunications services proposed to be provided in the city by a provider; and any other matter pertaining to a proposed system or service.
CITY. Brigham City, Utah.
COMPLETION DATE. The date that a provider begins providing services to customers in the city.
CONTROL or CONTROLLING INTEREST. Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of CONTROL OR A CONTROLLING INTEREST shall arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in concert, of more than 25% if any provider (which person or group of persons is hereinafter referred to as CONTROLLING PERSON). CONTROL OR CONTROLLING INTEREST, as used herein, may be held simultaneously by more than one person or group of persons.
FCC. The Federal Communications Commission, or any successor thereto.
FRANCHISE. The rights and obligation extended by the city to a provider to own, lease, construct, maintain, use or operate a system in the rights-of-way within the boundaries of the city. Any such authorization, in whatever form granted, shall not mean or include:
(1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city; and
(2) Any other permit, agreement or authorization required in connection with operations on rights-of-way or public property including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights-of-way.
FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of the chapter between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.
GROSS REVENUE. Includes all revenues of a provider that may be included as gross revenue within the meaning of U.C.A. Title 11, Chapter 26, as amended.
INFRASTRUCTURE PROVIDER. A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights-of-way.
OPEN VIDEO SYSTEM. The system of cables, wires, lines, towers, wave guides, optic fiber, microwave, laser beams or any other medium, and any associated converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing open video services to or from subscribers or locations within the city.
OPERATOR. Any person who provides service over a telecommunications system and directly or through one or more persons owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.
ORDINANCE or TELECOMMUNICATIONS ORDINANCE. This subchapter concerning the granting of franchises in and by the city for the construction, ownership, operation, use or maintenance of a telecommunications system.
PERSON. Includes any individual, corporation, partnership, association, joint stock company, trust or any other legal entity, but not the city.
PERSONAL WIRELESS SERVICES FACILITIES. Has the same meaning as provided in § 704 of the Act (47 U.S.C. § 332(c)(7)(c)), which includes what is commonly known as cellular and PCS services that do not install any system or portion of a system in the rights-of-way.
PROVIDER. An operator, infrastructure provider, resaler or system lessee.
PSC. The Public Service Commission or any successor thereto.
RESALER. Any person that provides local exchange service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission.
RIGHTS-OF-WAY. The surfaces of and the space above and below any public street, sidewalk, alley or other public way of any type whatsoever, now or hereafter existing as such within the city.
SIGNAL. Any transmission or reception of electronic, electrical, light or laser or radio frequency energy or optical information in either analog or digital format.
SYSTEM LESSEE. Any person that leases a system or a specific portion of a system to provide services.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing (e.g., data, video, voice, sound or any other information), without change in the form or content of the information sent and received.
TELECOMMUNICATIONS SYSTEM or SYSTEM. All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic or other devices, equipment, wire and appurtenances owned, leased or used by a provider, located in the rights-of-way and utilized in the provision of services, including fully digital or analog, voice, data and video imaging and other enhanced telecommunications services. TELECOMMUNICATIONS SYSTEMS or SYSTEMS also includes an open video system.
TELECOMMUNICATIONS SERVICE(S) or SERVICES. Any telecommunications service provided by a provider within the city that the provider is authorized to provide under federal, state and local law, and any equipment and/or facilities required for and integrated with the services provided within the city, except that these terms do not include “cable service”, as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. §§ 521 et seq.), and the Telecommunications Act of 1996, being Pub. L. No. 104-104, or its successor statutes. TELECOMMUNICATIONS SYSTEM or SYSTEMS also includes an open video system.
WIRE. Fiber optic telecommunications cable, wire, coaxial cable or other transmission medium that may be used in lieu thereof for similar purposes.
(Prior Code, § 33.01.040) (Ord. 98-37, passed 8-20-1998)