933.03 DEFINITIONS.
(a) For the purposes of this chapter, the following terms, words, abbreviations, phrases and their derivations, whether indicated with an initial, capital or not, shall have the meaning given in this Section, unless more specifically defined within other sections of the chapter. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is mandatory and not merely directory and “may” is permissive. Words not defined in this or other sections shall be given their common and ordinary meaning.
(b) “Municipality” means the City of Highland Heights, a municipal corporation of the State of Ohio and includes the municipal government of the Municipality, including the Council, the Mayor, and all administrations, commissions, offices, agencies, departments, bureaus and agents of the Municipality, and also the territory currently, or which may in the future be included, within the geographic boundaries of the City of Highland Heights.
(c) “Council” means the legislative body of the Municipality.
(d) “Content Services” means the provision of every type of information transmitted on the system by a provider, whether voice, data, or video, whether one-way or interactive, including monitoring of security devices, and other similar services. “Content Services” inc1udes the operation of a cable system as defined by federal law at 47 U.S.C. sec. 521, et seq. as amended or as recognized by the Federal Communications Commission.
(e) “Facilities” means any and all equipment, structures, materials or tangible components of Permittee’s system including without limitation the plant, works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, inner-ducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments, used for the telecommunications and/or other utilities system, whether owned by any public or private or profit or nonprofit person, firm, partnership, company, corporation, joint stock association, joint venture, or voluntary association, whether organized or incorporated, except for a private septic system in a single- or double-family dwelling utilized only for that dwelling and not connected to any other system and also excepting government-owned facilities.
(f) “Federal Communications Commission” or “FCC” means the federal agency created by the United States Communications Act of 1934, as amended codified at 47 U.S.C. 151 et seq. and any legally appointed, designated or elected agent or successor.
(g) “Permittee” means _____________________________________________________
(PERMIT TO LIST NAME OF PERMITTEE HERE)
and its affiliates, successors and assigns.
(h) “Person” means any individual, firm, partnership, corporation, company, trust, joint stock company, joint venture, unincorporated association, banking institution, association, governmental entity or organization of any kind.
(i) “Public Easements” means public and dedicated easements created and available for use by investor-owned or other public utilities, for their Facilities.
(j) “Public Utilities Commission” or “PUCO” refers to and means the Public Utilities Commission of the State of Ohio or other authority succeeding to the regulatory powers of the Public Utilities Commission.
(k) “Reasonableness of consent or approval.” Whenever under this chapter “reasonableness” is a standard for the granting or denial of the consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, as well as business and economic considerations.
(l) “Street” or “right-of-way” means streets, alleys, viaducts, bridges, roads, lanes, sidewalks, public easements, public rights-of-way, and dedicated easements within the Municipality.
(m) “System” or “telecommunications and/or other utility system” means the telecommunications and/or other Utility network constructed and maintained by the Permittee and used to provide telecommunications services and/or other utilities in the Municipality in accordance with the terms of this chapter, including all facilities owned or used by the Permittee within the Municipality.
(n) “Telecommunications services” means electronic or optic transmission of data, video, and/or voice communications between separate points by means of telecommunications facilities, including (i) services interconnecting interexchange carriers for the purpose of voice, video or data transmission; (ii) services connecting interexchange carriers or competitive carriers to telephone companies providing local exchange services of the purpose of voice, video or data transmission; (iii) services connecting interexchange carriers to any end users; (iv) services providing private line point to point service for end users for voice, video and data transmission; or (v) local exchange telephone connecting services as specifically permitted by the PUCO, FCC or other applicable state or federal regulatory authority.
(o) “Telecommunications” means any and all equipment, structures, materials or tangible components of Permittee’s System including without limitation all plant, whether inside or outside works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, inner-ducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, wires, cables, towers, poles and attachments, used for the Telecommunications and/or other Utilities System, whether owned by any public or private or profit or nonprofit Person, firm, partnership, company, corporation, joint stock association, joint venture, or voluntary association, whether organized or incorporated, except for a private septic system in a single or double-family dwelling utilized only for that dwelling and not connected to any other system and also excepting government-owned facilities.
(p) “Utility” means all other utilities besides telecommunications services, whether owned by any public or private or profit or nonprofit person, individual, firm, partnership, company, corporation, limited liability company, unincorporated association, governmental entity, banking institution, joint stock association, joint venture, or voluntary association, whether organized or incorporated, except for a private septic system in a single- or double-family dwelling utilized only for that dwelling and not connected to any other system and also excepting government-owned Facilities, but specifically including but not limited to all other utilities defined as public utilities under Section 4905.02 of the Ohio Revised Code except public service companies as defined herein.
(Ord. 22-2000. Passed 5-8-01.)