For the purpose of this subchapter the following terms, phrases, words and their derivations shall have the meaning given below. 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 in this section shall be given the meaning set forth in the Communications Policy Act of 1934, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, all as they have been amended from time to time. References to statutory or regulatory provisions include any amendments thereto, unless otherwise indicated. 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 FACILITIES OR SYSTEM. The plant and equipment, other than customer premises equipment, used by a cable service provider.
CABLE SERVICE. To stay consistent with federal laws, it is the one-way transmission to subscribers of video programming, or other (such as music) 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 Cascade Locks, an Oregon municipal corporation, and individuals authorized to act on the city's behalf.
CITY COUNCIL. The elected governing body of the City of Cascade Locks, Oregon.
CITY PROPERTY. All real property owned by the city, other than public rights-of-way and utility easements as those are defined in this section, and all property held in a proprietary capacity by the city, which are not subject to right-of-way franchising as provided in this subchapter.
COMMUNICATIONS FACILITIES OR SYSTEM. The plant and equipment, other than customer premises equipment, used by a communications service provider.
COMMUNICATIONS PROVIDER. Any provider of communications services, whether the providers directly or indirectly owns, controls, operates or manages communications facilities within the city.
COMMUNICATIONS SERVICE. Any service provided for the purpose of transmission of information including, but not limited to, voice, video, or data, without regard to transmission protocol employed, whether or not the transmission medium is owned by the provider itself or whether or not the transmission medium is wireline. Communications 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 CFR 76; (3) private communications system services provided without using 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; and (5) any direct-to-home satellite services within the meaning of Section 602 of the Telecommunications Act.
CONDUIT. Includes but is not limited to any structure, or portion thereof, containing one or more ducts, conduits, manholes, hand-holes, vaults, 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 one or more public utilities.
DAYS. Calendar days unless otherwise specified.
DUCT. A single enclosed raceway for conductors or cable.
FACILIT(Y)IES. Any tangible component installed, maintained, or operated by user within the right-of-way. By way of example, the term includes but is not limited to any pole, wire, sensor, loop, light, stabilization or "guy" wire, anchor, pipe, conduit, line, main, duct, cable, wire, switch, transformer, value, antennae or other equipment, including any equipment box or vault, located wholly or in part under, on, or above the surface of the ground within any right-of-way or easement. FACILIT(Y)IES also includes any time placed in the right-of-way for the purpose of providing electric power, natural gas, telephone communications, radio, cable television, internet access, sewer, water, storm sewer or other utility or similar service.
FRANCHISE. The privilege granted by this subchapter or another section to use public rights- of-way and city-owned utility easements within the city for a dedicated purpose and for specific compensation.
GROSS REVENUES. For telecommunications carriers, is defined at O.R.S. 221.515(2); to the extent the remainder of this paragraph is inconsistent with O.R.S. 221.515(2), such language shall not apply to telecommunications carriers. For entities other than telecommunications carriers, GROSS REVENUES means all monthly service and franchise fees actually collected from grantee's customers within the quarter for basic cable service and communications service. Gross revenues also includes revenue from the sale or lease of excess capacity on grantee's cable or communications systems. Gross revenues does not include revenues derived from installation, construction or connection work provided to grantee's customers; any taxes on services furnished by grantee that are imposed directly on any customer by state or federal law and collected by grantee on behalf of the state or federal jurisdiction imposing the tax; bad debts written off by grantee in the normal course of its business; and any refunds rebates, or discounts made to grantee's customers or other third parties.
OVERHEAD FACILITIES. Utility poles, utility facilities and cable and communications facilities above the surface of the ground, including the underground supports and foundations for such facilities. Also, ABOVEGROUND FACILITIES.
PUBLIC RIGHT(S)-OF-WAY. Includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas. For purposes of this subchapter, this definition applies only to the extent of the city's right, title, interest or authority to grant permission to occupy and use these areas for utility facilities. PUBLIC RIGHTS-OF-WAY also includes UTILITY EASEMENTS as defined below.
UNDERGROUND FACILITIES. Cable and communications facilities located under the surface of the ground, excluding the underground foundations or supports for OVERHEAD FACILITIES.
USER. A person that performs work and/or has facilities within the city's right-of-way, whether or not the user has a permit and whether or not the facilities are authorized to be located in the right-of- way.
UTILITY EASEMENT. Any easement acquired, established, dedicated or devoted exclusively to the city for public utility purposes. A utility easement not exclusively owned and controlled by the city is not a "Utility Easement" under this section.
UTILITY FACILITIES. Those overhead or underground facilities of a user.
(Ord. 435, passed 11-10-2014)