For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
“Cable Act” shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. § 532 et seq., as now and hereafter amended.
“Cable operator” means a telecommunications carrier providing or offering to provide “cable service” within the municipality as that term is defined in the Cable Act.
“Cable service” for the purpose of this chapter shall have the same meaning provided by the Cable Act.
“Excess capacity” means 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” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
“Municipality” means the City of Columbiana in Columbiana County, Ohio.
“Municipality property” means and includes all real property owned by the municipality, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary municipality by the municipality, which are not subject to right-of-way licensing and franchising as provided in this chapter.
“Other ways” means the highways, streets, alleys, utility easements or other rights-of-way within the municipality, but under the jurisdiction and control of a governmental entity other than the municipality.
“Overhead facilities” means 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” means any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the municipality 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 herein, now or hereafter owned by the municipality, but only to the extent of the municipality’s right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
“PUCO” or “Public Utilities Commission of Ohio” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Ohio.
“State” means the State of Ohio.
“Surplus space” means 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 municipality, and, if applicable, the PUCO, 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 plants, equipment or property within the municipality, used or to be used for the purpose of offering telecommunications service.
“Telecommunications facilities” means 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 provider” means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
“Telecommunications service” means 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 “Telecommunications facilities.”
“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 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 municipality and, if applicable, the PUCO.
“Utility easement” means any easement owned by the municipality and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
“Utility facilities” means 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 municipality and used or to be used for the purpose of providing utility or telecommunications services.
(Ord. 00-O-1838, passed 10-3-2000)