For the purposes of this Permit, 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 Permit. 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 section or other sections shall be given their common and ordinary meaning.
(a) "City" means the City of Lyndhurst, a municipal corporation of the State of Ohio, and includes the municipal government of Lyndhurst, including the Council, the Mayor, and all boards, commissions, offices, agencies, departments, officers and agents of the City, and also the territory currently, or which may in the future be included, within the geographic boundaries of the City of Lyndhurst.
(b) "Content Services" means the provision of every type of information transmitted on a 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" includes the operation of a cable system as defined by Federal law at 47 U.S.C. 521 et seq., as amended, or as recognized by the Federal Communications Commission.
(c) "Council" means the legislative body of the City.
(d) "Facilities" means any and all equipment, structures, materials or tangible components of the 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.
(e) "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.
(f) "Permittee" means (NAME OF PERMITTEE) and its affiliates, successors and assigns.
(g) "Person" means any individual, firm, partnership, corporation, company, trust, joint stock company, association, governmental entity, banking institution or any other organization of any kind.
(h) "Public Easements" means public and dedicated easements created and available for use by investor-owned or other public utilities, for their facilities.
(i) "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.
(j) "Reasonableness of Consent or Approval" means that whenever, under this Permit, reasonableness is a standard for the granting or denial of the consent or approval of either party to a permit, such party shall be entitled to consider public and governmental policy, moral and ethical standards, as well as business and economic considerations.
(k) "Street" or "Right-of-Way" means streets, alleys, viaducts, bridges, roads, lanes, sidewalks, public easements, public rights-of-way, and dedicated easements within the City.
(l) "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 City in accordance with the terms of this Permit, including all facilities owned or used by the permittee within the City.
(m) "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 for 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, the FCC or any other applicable State or Federal regulatory authority.
(n) "Utility" means all other utilities besides telecommunications services, 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, but specifically including, but not limited to, all other utilities defined as public utilities under Ohio R.C. 4905.02.
(Ord. 97-54. Passed 7-7-97.)