For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not defined shall be given the meaning set forth in the Communications Policy Act of 1934, being 47 U.S.C. §§ 201 et seq., as amended, the Cable Telecommunications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 being 47 U.S.C. §§ 521 et seq.
CABLE SERVICE. Defined consistent with federal laws and means the one-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 such video programming or other programming service.
CITY. The City of Drain, Oregon, a state municipal corporation, and individuals authorized to act on the city’s behalf.
CITY PROPERTY. All real property owned by the city, other than public rights-of-way and utility easements as those are defined in this chapter, 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.
FRANCHISE. An agreement between the city and a grantee which grants a privilege to use public rights-of-way and utility easements within the city for a dedicated purpose and for specific compensation.
GRANTEE. The person, company or business to which a franchise is granted by the city.
GROSS REVENUES. Revenues derived from the provision of exchange access services, as defined in O.R.S. 403.105(11), which originate or terminate in the city on facilities covered by the franchise or license granted by the city, less net uncollectibles from such revenues.
OVERHEAD OR ABOVEGROUND FACILITIES. Utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities.
PRIVATE TELECOMMUNICATIONS NETWORK.
(1) 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 their use and not for resale, directly or indirectly.
(2) PRIVATE TELECOMMUNICATIONS 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 air space 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 uses such areas for telecommunications facilities. PUBLIC RIGHTS-OF-WAY shall also include utility easements as defined below.
TELECOMMUNICATIONS. The transmission between and among points, specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS CARRIER. Any provider of telecommunications services, including every person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the city.
TELECOMMUNICATIONS FACILITIES. The plant and equipment, other than customer premises equipment, used by a telecommunications carrier to provide telecommunications services.
TELECOMMUNICATIONS SERVICE. Two-way switched access and transport of voice communications but does not include:
(1) Services provided by radio common carrier;
(2) One-way transmission of television signals;
(3) Surveying;
(4) Private telecommunications networks; or
(5) Communications of the customer which take place on the customer side of on-premises equipment.
(Prior Code, § 111.05) (Ord. 380, passed 1-10-2000; Ord. 384, passed 2-12-2001)