For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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. All revenue, as determined by generally accepted accounting principles, that is received directly or indirectly by a franchisee from the operation of a telecommunication system in the Town, including, without limitation, all revenue received for the provision of services, installation, reconnection, sale of products, not including customer premises equipment and the imputed value of bartered service and the value of all goods and services received by the telecommunication carrier in exchange for telecommunications service, including all payments received for the lease, rental or sale of time, band width or capacity on a telecommunications carriers system; provided, however, that no billings shall be imputed related to any services provided to the Town or for services governed as interstate commerce.
EXCESS CAPACITY. The volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FORCE MAJEURE. A strike, acts of nature, acts of public enemies, orders of any kind of a government of the United States of America, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such force majeure.
FRANCHISE. The right of a telecommunications carrier to operate or lease a telecommunications system in the Town for a limited term and in a manner in agreement with this chapter.
FRANCHISEE. A grantee of rights under this chapter by means of an award or franchise or its permitted successor, transferee or an applicant thereof.
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. Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
STREET. The surface of all rights-of-way and the space, above and below, of any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the Town for the purpose of public travel and shall also mean other easements or rights-of-way as shall be now held or hereafter held by the Town which shall, within their proper use and meaning, entitle a telecommunications carrier to the use thereof for the purposes of installing plant facilities and equipment as may be ordinarily necessary and pertinent to a telecommunications system.
SURPLUS SPACE. That portion of the usable space on a utility pole which has the necessary clearance from other pole users to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER. Every person that directly or indirectly owns, controls, operates, manages or leases telecommunications facilities within the Town, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES or FACILITY. The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS SERVICE or SERVICE. The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice or data 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 or SYSTEM. See TELECOMMUNICATIONS FACILITIES.
TOWN PROPERTY. All real property owned by the Town, 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 Town, which are not subject to right-of-way franchising as provided in this chapter.
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.
UTILITY EASEMENT. Any easement owned by the Town 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 streets of the Town and used or to be used for the purpose of providing utility or telecommunications services.
(`83 Code, § 13-702) (Ord. 00-20, passed 9-11-00)