A. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein.
1. 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.
2. The words “shall” and “will” are mandatory and “may” is permissive.
B. Words not defined herein shall be given the meaning set forth in the Communications Policy Act of 1934, being 47 USC §§ 201 and 521 et seq. as amended, the Cable Communications Policy Act of 1984, being 47 USC § 521 et seq., the Cable Television Consumer Protection and Competition Act of 1992, being 47 USC §§ 201 and 521 et seq., and the Telecommunications Act of 1996, being 47 USC § 151 et seq. If not defined there, the words shall be given their common and ordinary meaning.
Aboveground Facilities, see overhead facilities.
Affiliated Interest shall have the same meaning as O.R.S. 759.010.
Cable Act shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as now and hereafter amended.
Cable Service is to be 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 the video programming or other programming service.
City means the City of Canby, an Oregon municipal corporation, and individuals authorized to act on the city’s behalf.
City Council means the elected governing body of the city.
City Property means and includes 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 means 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 means 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.
Control or Controlling Interest means actual working control in whatever manner exercised.
Days means calendar days unless otherwise specified.
Duct means 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 means the federal administrative agency or its lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Franchise means 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 means the person to whom or which a franchise is granted by the city.
Oregon Public Utilities Commission or OPUC means the statutorily created state agency in the State of Oregon responsible for licensing, regulation and administration of certain telecommunications carriers as set forth in state law, or its lawful successor.
Overhead or Aboveground Facilities means utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for the facilities.
Person means an individual, corporation, company, association, joint stock company or association, firm, partnership or limited liability company.
Private Telecommunications Network means 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 his, her or its use and not for resale, directly or indirectly. Private Tele- communications Network includes services provided by the state 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 airspace 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 the areas for telecommunications facilities. Public Rights- of-Way shall also include utility easements as defined below.
State means the State of Oregon.
Telecommunications Act means 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 Provider means any provider of telecommunications services and includes, but is not limited to, every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the city.
Telecommunications Facilities means the plant and equipment, other than customer premises equipment, used by a telecommunications provider to provide telecommunications services.
Telecommunications Service means any service provided for the purpose of the transmission of information, including, but not limited to voice, video or data, without regard to the transmission protocol employed, whether or not the transmission medium is owned by the provider itself. Telecommunication service includes all forms of telephone services and voice, video, data or information transport, but does not include: (1) cable service; (2) open video system service, as defined in 47 C.F.R. 76; (3) private communications system services provided without using the public rights-of-way; (4) over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; (5) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act; and (6) commercial mobile radio services as defined in 47 C.F.R. 20.e Federal Communications Commission or any successor thereto; (5) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act; and (6) commercial mobile radio services as defined in 47 C.F.R. 20.
Telecommunications System, see telecom- munications facilities above.
Telecommunications Utility has the same meaning as O.R.S. 759.005(1).
Underground Facilities means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable Space means 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 means any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes.
Utility Facilities means 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. 1036, passed 11-3-1999; Am. Ord. 1336, passed 11-3-2010; Am. Ord. 1387, passed 11-20-2013)