For the purposes of this chapter the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Unless otherwise expressly stated, words not defined herein shall be given the meanings set forth in title 47 of the United States Code, as amended, and, if not defined therein, their common and ordinary meaning.
AFFILIATE: When used in relation to any person, means another person who de facto or de jure owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
CITY: City of Dubuque, Iowa, and any agency, department, or agent thereof.
CITY MANAGER: The person appointed pursuant to section 1-7-4 of this code.
COMMUNICATIONS FACILITY OR COMMUNICATIONS SYSTEM: Facilities for the provision of "communications services", as that term is defined herein.
COMMUNICATIONS SERVICES: Telecommunications services, interactive computer services, and any other services involving the transmission of information by electronic or optical signals, except that it shall not include cable service as that term is used in the cable communications policy act of 1984, as amended.
COUNCIL: The principal governmental body of the city of Dubuque, Iowa, its officers, or a representative person or entity as may be designated to act on its behalf.
FACILITY OR FACILITIES: Any cable system and/or any tangible asset in the public rights of way used to provide cable service.
FEDERAL COMMUNICATIONS COMMISSION OR FCC: The federal communications commission or any successor.
FRANCHISE: An authorization granted by the city to a person to construct, maintain, or emplace facilities generally upon, across, beneath, and over the public rights of way in the city, subject to the terms and conditions specified in a franchise agreement.
FRANCHISE AGREEMENT: The contract entered into between the city and a grantee that sets forth the terms and conditions under which the franchise may be exercised.
GRANTEE: A person that has been granted a cable franchise by the city or is an OVS operator in the city.
OWNER OR OPERATOR OF A FACILITY: Any person which has a possessory interest in such facility or which controls or is responsible for, through any arrangement, the management and operation of such facility.
PERSON: Any individual, corporation, partnership, association, joint stock company, trust, governmental entity, or any other legal entity, but not the city.
PUBLIC RIGHTS OF WAY: The surface and space above, on, and below any public highway, avenue, street, lane, alley, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public easement, or right of way within the city in which the city now or hereafter holds any property interest which, consistent with the purposes for which it was dedicated or otherwise acquired, may be used for the purpose of constructing, operating, and maintaining a facility.
TELECOMMUNICATIONS: This term has the meaning ascribed to it in 47 USC section 153(43).
TELECOMMUNICATIONS SERVICE: This term has the meaning ascribed to it in 47 USC section 153(46).
WORK PERMIT: An authorization issued by the city to enter upon the public rights of way at specified times and places to erect, construct, emplace, or otherwise work on facilities. (Ord. 29-05, 5-2-2005)