As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this section. Any term not defined in this section shall have the meaning ascribed to it in 92 Ill. Adm. Code 530.30, unless the context clearly requires otherwise.
AASHTO. American Association of State Highway and Transportation Officials.
ANSI. American National Standards Institute.
APPLICANT. A person applying for a permit under this chapter.
ASTM. American Society for Testing and Materials.
BACKFILL. The methods or materials for replacing excavated material in a tench or pit.
BORE or BORING. To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
CABLE OPERATOR. That term as defined in 47 U.S.C. § 522(5).
CABLE SERVICE. That term as defined in 47 U.S.C. § 522(6).
CABLE SYSTEM. That term as defined in 47 U.S.C. § 522(7).
CARRIER PIPE. The pipe enclosing the liquid, gas or slurry to be transported.
CASING. A structural protective enclosure for franmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
CLEAR ZONE. The total roadside border area, at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear runout area. The desired width is dependent upon the fraffc volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide.
COATING. Protective wrapping or cover applied to buried pipe for protection against external corrosion.
CODE. The Municipal Code of the Village of La Grange Park.
COMMISSION. The Illinois Commerce Commission or ICC.
CONDUCTOR. Wire carrying electrical current.
CONDUIT. A casing or encasement for wires or cables.
CONSTRUCTION or CONSTRUCT. The installation, repair, maintenance, placement, alteration, enlargement, modification or abandonment in place of facilities.
COVER. The depth of earth or backfill over buried pipe or conductor.
CROSSING FACILITY. A facility that crosses one or more right-of-way lines of a right-of-way.
DIRECTOR OF PUBLIC WORKS. The Director ofPub1ic Works or his or her designee.
DISRUPT THE RIGHT-OF-WAY. For the purposes of this chapter, any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway.
EMERGENCY. Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility.
ENCASEMENT. Provision of a protective casing.
ENGINEER. The Village Engineer or his or her designee.
EQUIPMENT. Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities.
EXCAVATION. The making of a hole or cavity by removing material, or laying bare by digging.
EXTRA HEAVY PIPE. Pipe meeting ASTM standards for this pipe designation.
FACILITY. All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this chapter. For purposes of this chapter, the term FACILITY shall not include any facility owned or operated by the village.
FREESTANDING FACILITY. A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station.
FRONTAGE ROAD. Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway.
GROSS REVENUES. All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the village.
(1) GROSS REVENUES shall include the following:
(a) Recurring charges for cable or video service.
(b) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges.
(c) Rental of set top boxes and other cable service or video service equipment.
(d) Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges.
(e) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges.
(f) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.
(g) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the village. The allocation shall be based on the number of subscribers in the village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.
(h) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subdivision (I) of this definition.
(I) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business.
(j) The service provider fee permitted by ILCS Ch. 220, Act 5, § 21-801(b).
(2) GROSS REVENUES do not include any of the following:
(a) Revenues not actually received, even if billed, such as bad debt, subject to ILCS Ch. 220, Act 5, § 21-801(c)(1)(vi).
(b) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service.
(c) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders.
(d) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the village and pay the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) with respect to the service.
(e) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder of the state-issued authorization and required to be remitted to the taxing entity, including sales and use taxes.
(f) Security deposits collected from subscribers.
(g) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service.
(3) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by ILCS Ch. 220, Act 5, § 21-801(b) which would otherwise be paid by the cable service or video service.
HAZARDOUS MATERIALS. Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation.
HIGHWAY. A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. HIGHWAY includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic.
HIGHWAY CODE. The Illinois Highway Code, ILCS Ch. 605, Act 5, §§ 1-101 et seq., as amended from time to time.
HOLDER. A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law, ILCS Ch. 220, Act 5, § 21-401.
ICC. Illinois Commerce Commission.
IDOT. Illinois Department of Transportation.
INCUMBENT CABLE OPERATOR. A person or entity that provided cable services or video services in the village under a franchise agreement with the village pursuant Section 11-42-11 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-42-11) on January 1, 2007.
JACKING. Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
JETTING. Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
JOINT USE. The use of pole lines, trenches or other facilities by two or more utilities.
J.U.L.I.E. The Joint Utility Locating Information for Excavators utility notification program.
MAJOR INTERSECTION. The intersection of two or more major arterial highways.
OCCUPANCY. The presence of facilities on, over or under right-of-way.
PARALLEL FACILITY. A facility that is generally parallel or longitudinal to the centerline of a right-of-way.
PARKWAY. Any portion of the right-of-way not improved by street or sidewalk.
PAVEMENT CUT. The removal of an area of pavement for access to facility or for the construction of a facility.
PEG. Public, education and governmental.
PEG ACCESS SUPPORT FEE. The amount paid under this chapter and ILCS Ch. 220, Act 5, § 21-801(d) by the holder to the village for the service areas within its territorial jurisdiction.
PETROLEUM PRODUCTS PIPELINES. Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PRACTICABLE. That which is performable, feasible or possible, rather than that which is simply convenient.
PRESSURE. The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
PROMPT. That which is done within a period of time specified by the village. If no time period is specified, the period shall be 30 days.
PUBLIC ENTITY. A legal entity that constitutes or is part of the government, whether at local, state or federal level.
RESTORATION. The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility.
RIGHT-OF-WAY or RIGHTS-OF-WAY. Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the village has the right and authority to authorize, regulate or permit the location of facilities other than those of the village. RIGHT-OF-WAY or RIGHTS-OF-WAY shall not include any real or personal village property that is not specifically described in the previous two sentences and shall not include village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way.
ROADWAY. That part of the highway that includes the pavement and shoulders.
SALE OF TELECOMMUNICATIONS AT RETAIL. The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.
SERVICE. The provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to ILCS Ch. 220, Act 5, § 21-401.
SERVICE PROVIDER FEE. The amount paid under this chapter and ILCS Ch. 220, Act 5, § 21-801 by the holder to a village for the service areas within its territorial jurisdiction.
SHOULDER. A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
SOUND ENGINEERING JUDGMENT. A decision(s) consistent with generally accepted engineering principles, practices and experience.
TELECOMMUNICATIONS. This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. PRIVATE LINE means a dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. TELECOMMUNICATIONS shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. TELECOMMUNICATIONS shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications. TELECOMMUNICATIONS shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. §§ 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission (47 C.F.R. § 76.1500 and following), as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER. Means any person that installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form.
TELECOMMUNICATIONS RETAILER. Means and includes every person engaged in making sales of telecommunications at retail as defined herein.
TRENCH. A relatively narrow open excavation for the installation of an underground facility.
UTILITY. The individual or entity owning or operating any facility as defined in this chapter.
VENT. A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
VIDEO SERVICE. Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet.
VILLAGE. The Village of La Grange Park.
WATER LINES. Pipelines carrying raw or potable water.
WET BORING. Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
(Ord. 862, passed 12-11-07; Ord. 863, passed 12-11-07; Ord. 1092, passed 7-24-18)