(A) The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural number and the plural the singular.
(2) The word “shall” is mandatory; the word “may” is permissive.
(3) The masculine gender includes the feminine and neuter.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATE. A person, directly or indirectly, owns or controls, is owned or controlled by or is under common ownership or control with another person.
ANTENNA. As defined in Chapter 157 of this code of ordinances.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 USC 532 et seq., as now and hereafter amended.
CABLE OPERATOR. A telecommunications carrier providing or offering to provide cable service within the village, as “cable service” is defined in the Cable Act.
CABLE SERVICE. The same meaning provided by the Cable Act.
CORPORATE AUTHORITIES. The Village President and Board of Trustees of the village.
EXCESS CAPACITY. 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. The federal administrative agency or lawful successor authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
GRANTEE. Encompasses both licensees and franchisees, being a recipient of either a license or a franchise.
ICC or ILLINOIS COMMERCE COMMISSION. The state administrative agency or lawful successor authorized to regulate and oversee telecommunications carriers, services and providers in the state.
OTHER WAYS. The highways, streets, alleys, utility easements or other rights-of-way within the village, but under the jurisdiction and control of a governmental entity other than the village.
OVERHEAD FACILITIES. Utility poles, utility facilities and telecommunications facilities located above the surface of the round, including, the underground supports and foundations for the 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.
PUBLIC STREET. Any highway, street, alley or other public right-of-way for motor travel under the jurisdiction and control of the village which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY. Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the village, but only to the extent of the village’s right, title, interest or authority, to grant a license or franchise to occupy and use the streets and easements for telecommunications facilities.
STATE. The State of Illinois.
SURPLUS SPACE. The 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 Illinois Commerce Commission, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER. Every person that directly or indirectly owns, controls, operates or maintains plant, equipment or property within the village used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES. 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. Includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE. The providing or offering, for rent, sale, 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. The same meaning as TELECOMMUNICATIONS FACILITIES.
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 as specified in the orders and regulations of the Illinois Commerce Commission.
UTILITY EASEMENT. Any easement owned by the village 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 polls, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within public ways of the village and used or to be used for the purpose of providing utility or telecommunications services.
VILLAGE. The Village of East Dundee.
VILLAGE PROPERTY. Includes all real property owned by the village, other than public streets and utility easements, as those terms are defined herein, and all property held in a proprietary capacity by the village, which are not subject to right-of-way licensing, and franchising, as provided in this chapter.
WORK. Undertaking any, some or all of the following: construction, installation, operation, disconnection, relocation, removing, maintaining or otherwise locating telecommunications facilities in, under, over or across any public way of the village.
(1981 Code, § 18.1.01)