For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq.
CABLE SERVICE. To be interpreted consistent with federal law, and means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, required for the selection or use of such video programming or other programming service.
CABLE SERVICE PROVIDER. Any provider of cable service.
CITY. The City of Falls City, an Oregon municipal corporation, and individuals authorized to act on the city’s behalf.
CITY COUNCIL. The elected governing body of the city.
CITY PROPERTY. All real property owned by the city and all property held in a proprietary capacity by the city, but does not include PUBLIC RIGHTS-OF-WAY and UTILITY EASEMENTS, as defined herein.
COMMUNICATIONS FACILITIES or FACILITIES. All plant, equipment, and systems, other than customer premises equipment, used by any communications provider. For the purposes of this chapter, facilities used by cable service providers to provide cable service are COMMUNICATIONS FACILITIES.
COMMUNICATIONS PROVIDER(S) or PROVIDER(S). Any provider of communications services and includes, but is not limited to every person who directly or indirectly owns, controls, operates, or manages communications facilities within the city, and cable service providers.
COMMUNICATIONS SERVICE(S) or SERVICE(S). Any service provided for the purpose of transmission of information including, but not limited to, voice, video, or data, without regard to the transmission protocol employed, whether or not the transmission medium is owned by the provider itself. COMMUNICATIONS SERVICES includes all forms of telephone services and voice, video, data, or information transport, and expressly includes cable service offered by a cable service provider, but does not include:
(1) OPEN VIDEO SYSTEM SERVICE, as defined in 47 C.F.R. part 76;
(2) Private communications system services provided without using the public rights-of-way;
(3) Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission, or any successor thereto; and
(4) Direct-to-home satellite service within the meaning of § 602 of the Telecommunications Act, being Pub. Law No. 104-104, Title VI, § 602, February 8, 1996, 110 Stat. 144, 47 U.S.C. § 152, note.
CONDUIT. Any structure, or portion thereof, containing one or more ducts, conduits, manholes, bolts, cables, fiber, or other infrastructure used by or for any telegraph, telephone, electrical utility, conductors, or cable service.
CONSTRUCTION. Any activity in the public rights-of-way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities.
CONTROL. Actual working control in whatever manner exercised.
DAYS. Calendar days, unless otherwise specified.
DUCT. A single enclosed raceway for conductors or cable.
EMERGENCY. The meaning provided for in O.R.S. 401.025.
FACILITIES. See COMMUNICATIONS FACILITIES, as defined herein.
FEDERAL COMMUNICATIONS COMMISSION. The Federal Administrative Agency, or its lawful successor, authorized to regulate and oversee communications or cable service providers on a national level.
FRANCHISE or FRANCHISE AGREEMENT. An agreement between the city and a communications provider which grants a privilege to the communications provider to use the public right-of-way within the city for a limited, dedicated purpose, and in return for specific compensation.
FRANCHISEE. A communications provider who is a non-breaching party to an unexpired franchise agreement.
OPUC. The statutorily created state agency in the state responsible for licensing and regulation of certain communications providers as set forth in state law, or its lawful successor.
OVERHEAD FACILITIES. Utility poles, utility facilities, and communications facilities above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON. An individual, corporation, company, association, joint stock company, or association, firm, partnership, or limited liability company.
PRIVATE COMMUNICATIONS NETWORK. 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 his or her own use and not for resale, directly or indirectly. PRIVATE COMMUNICATIONS NETWORK includes services provided by the state pursuant to O.R.S. 190.240 and 283.140.
PUBLIC RIGHTS-OF-WAY or RIGHT-OF-WAY. Includes, but are not limited to, city streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and other public ways generally open to travel, including the subsurface under, and air space over, these ways; but does not include parks, parkland or other city property not generally open to the public for travel. This definition applies only to the extent of the city’s right, title, interest, or authority to grant a franchise to occupy and use such areas for communications facilities. PUBLIC RIGHTS-OF-WAY or RIGHT-OF-WAY shall also include UTILITY EASEMENTS, as defined below.
RIGHT-OF-WAY USE FEE. The fee imposed upon a communications provider for its occupation of or use of the city’s public right-of-way without an unexpired franchise agreement which authorizes all communications services provided and imposes a franchise fee on such services.
STATE. The State of Oregon.
TELECOMMUNICATIONS ACT. The Communications Policy Act of 1934, as amended by subsequent enactments, including the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq.
UNDERGROUND FACILITIES. Utility and communications facilities located under the surface of the ground, but does not include underground foundations or supports for overhead facilities.
UTILITY EASEMENT. Any easement granted to or owned by the city and acquired, established, dedicated, or devoted for public utility purposes. UTILITY EASEMENT does not include any easement dedicated solely for city use or facilities, or any easement where the proposed use is inconsistent with the terms and conditions of the easement granted to or owned by the city.
UTILITY FACILITIES. The plant, equipment, and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cable, wires, plant, and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used, or to be used, for the purpose of providing utilities, cable, or communications service.
(Ord. 557-2019, passed 12-9-2020)