Terms used in this Chapter shall have the following meanings:
Affiliate shall mean a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
City shall mean the City of Grand Island, its elected and appointed officers, employees, and duly appointed and authorized agents.
City Property shall mean all real property owned or controlled by the City whether in fee ownership or other interest.
Code shall mean the Grand Island City Code, as amended.
Overhead Facilities shall mean utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Person shall mean corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities and individuals.
Public Ways includes the surface of an space above and below any real property in the City which the City owns or in which it holds an interest as a trustee for the public including, but not limited to, all public streets, highways, roads, alleys, easements, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the ownership or control of the City, and any rights-of-way established, dedicated or devoted for public utility purposes.
Rights-of-Way shall mean all real property and public ways, which the City owns or in which the City has an ownership interest.
State shall mean the State of Nebraska.
Surplus Space shall mean that 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 Nebraska Public Service Commission to allow its use by a telecommunications carrier for a pole attachment.
Telecommunications Carrier includes every person that directly or indirectly owns, controls, operates or manages telecommunications facilities used or to be used to transmit, receive, distribute, provide or offer telecommunications service.
Telecommunications Facilities shall mean the plant, equipment and property within the City used to transmit, receive, distribute, provide or offer telecommunications service.
Telecommunications Provider includes every person who provides telecommunications service over telecommunications facilities.
Telecommunications Service shall mean the providing or offering for rent, sale or 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, unless excluded or exempted by local, state or federal law.
Underground Facilities shall mean utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable Space shall mean 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 Nebraska Public Service Commission.
Utility Facilities shall mean the plant equipment and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within public ways and used or to be used for the purpose of providing utility or telecommunications services.