For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL MOBILE RADIO SERVICE. Two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 U.S.C. § 157.
ENVIRONMENTAL LAWS. The Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona Hazardous Waste Management Act, A.R.S. §§ 49-901, et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq. or the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq. or any other applicable federal, state, county or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements.
FACILITIES. The plant, equipment, and property used in the provision of telecommunications services and not owned by the town, including but not limited to wires, pipe, conduits, pedestals, antennas, and other appurtenances placed under the public highways and not owned by the town and used in the provision of telecommunication services. The term does not include wireless facilities as that term is defined in A.R.S. § 9-591 or video services as defined in A.R.S. § 9-1401.
HAZARDOUS SUBSTANCES. Those substances defined as toxic or hazardous substances, pollutants, or wastes by environmental laws and the following substances: gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
IN-KIND PAYMENTS. Facilities and/or services provided or to be provided by licensee in lieu of all or a portion of the fees imposed by town for the use of the public highway.
INTERSTATE TELECOMMUNICATIONS SERVICES. Telecommunications services provided between users in Arizona and users outside of Arizona.
LICENSE. This non-exclusive authorization granted by the town to construct, operate, maintain, reconstruct, repair and remove the facilities of licensee.
PUBLIC EMERGENCY. Any condition which, in the opinion of town officials, poses an immediate threat to the lives or property of the citizens of the town or others caused by any natural or man-made disaster, including but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, etc.
PUBLIC HIGHWAY or HIGHWAY. All roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of the town.
SYSTEM ROUTE MAP. The map showing the locations of the facilities in the use areas pursuant to a license, as may be amended by Town Manager approval of permits for new use areas.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received, as defined in A.R.S. § 9-581. The term does not include commercial mobile radio services, pay phone services, interstate services, wireless services or video services.
TELECOMMUNICATIONS CORPORATION. Any public service corporation to the extent that it provides telecommunications services in this state.
TELECOMMUNICATIONS SERVICES. The offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. The telecommunications services of a licensee shall be described in the license approved by the Council.
USE AREAS. The initial locations of the facilities of a licensee as set forth in license and approved new use areas pursuant to § 115.04(B)(1).
USER CONTRACTS. Contracts a licensee enters into with third parties to use the facilities pursuant to a license.
VIDEO SERVICES. Has the same meaning as in A.R.S. § 9-1401.
WIRELESS SERVICES. Has the same meaning as in A.R.S. § 9-591.
(Ord. O2020.02, passed 3-26-2020)