For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ACCESS LINE. A switched access line as that term is defined by the New Mexico Telecommunications Regulatory Authority and which provides access to the public switched network. ACCESS LINES will be based upon the number of network access registers, or its equivalent factor, when switched access is provided by central office based Centrex or Centranet.
CITY. The City of Elephant Butte, New Mexico.
COMPANY. GTE Southwest Incorporated.
CONSTRUCTION PERMIT. Permit issued by the city for the Company to construct, maintain, or repair Facilities in the public rights-of-way.
COUNTY. The County of Sierra, New Mexico.
FACILITIES. All company plant, equipment and property, including, but not limited to, duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media which are located in the public rights-of-way.
PERSON. A natural person, corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
PUBLIC RIGHTS-OF-WAY. All present and future public streets, avenues, highways, alleys, bridges, viaducts, public thoroughfares, public utility easements, public ways, public grounds, and without limitation by the foregoing enumeration, other public property within the corporate limits of the city. PUBLIC RIGHTS-OF-WAY do not include the airways above a public right-of-way with regard to cellular or other non-wireline telecommunications or broadcast services.
STATE. State of New Mexico.
TELECOMMUNICATIONS or TELECOMMUNICATIONS SERVICE. The providing or offering for rent, sale or lease, whether for money or other value, of plant, equipment, facilities, or other property for the transmittal of voice, data, image, graphics, and other communications between or among points by wire, fiber optics, or other similar facilities, but does not include the provision to the public of any WIRELESS SERVICE as defined by law, and does not include long distance transmission (interLATA and intraLATA toll transmissions).
TELECOMMUNICATIONS SERVICE PROVIDER. Any person providing telecommunications service within the corporate limits of the city.
TRANSMISSION MEDIA. All company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video, or data or other purposes, which are physically located in the public rights-of-way.
(Ord. 23, passed 1-21-1999)