For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Words not defined in this chapter shall be construed consistent with their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.
AFFILIATE. A person that controls or that is controlled by or is under common control with a utility.
APPLICANT. The person applying for permission of any kind (including registration approval) under this chapter as well as, in the case of a construction permit, the person owning the facility or installation for which the construction will be undertaken.
ATTACHMENT. This term shall carry the following meanings:
(1) On a pole, each aerial cable, together with its associated messenger cable, guy wire, anchors and other appurtenant and incidental facilities;
(2) In conduit or duct, each linear foot of occupancy by each cable or other attachment; and
(3) Each antenna, transceiver, amplifier, repeater or other device or equipment of a user that is supported by, affixed to, contained in or placed on or in a unit of utility infrastructure.
CABLE. A wire rope or a bound or sheathed assembly of conductors, wires or fibers, including, without limitation, fiber optic cable, coaxial cable and twisted pair copper cable. Each cable that is lashed to another cable or to a common messenger cable shall be considered a separate attachment.
CABLE OPERATOR. This term shall have the same meaning as in 47 U.S.C. § 522.
CABLE SERVICE. This term shall have the same meaning as in 47 U.S.C. § 522.
CITY. The government of the city of Madisonville, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of Kentucky, as well as all departments, divisions and agencies thereof.
CITY ATTORNEY. The individual designated as the attorney for the city and the City Attorney's designee.
CONSTRUCTION. This term shall be interpreted broadly to encompass, among other things, erection, installation, alteration, expansion, extension, building, maintenance, modification, replacement of components, relocation, repair, resurfacing, undergrounding, grading, site preparation, adjusting, testing, make-ready, excavation, the placing of utility facilities within underground conduit and the operation or repair of a utility system.
CONSTRUCTION PERMIT. This term refers to the permit the issuance of which is governed by the procedures and criteria set forth in § 102.21 of this chapter.
EFFECTIVE DATE. The date of enactment of this chapter.
EMERGENCY. Any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged electrical and communications facilities, and advanced notice of needed repairs is impracticable under the circumstances.
FACILITY. This term includes all property, means and instrumentalities owned, operated, leased, licensed, used, furnished or supplied for, by or in connection with the business of any utility.
FINANCE DIRECTOR. The city's Finance Director or the director's designee.
GROSS REVENUES. All revenues received directly or indirectly by the operator of a utility system used to provide utility services, including information services, within the city. GROSS REVENUES, however, shall not include bad debts, taxes on goods or services imposed directly upon any user or subscriber by the state, the city or other governmental unit and collected by the operator on behalf of said governmental unit or any taxes, fees or assessments imposed by a
governmental unit. The foregoing notwithstanding, the amount paid as a franchise fee or rights-of-way usage fee shall not be deducted from Gross Revenues.
INCUMBENT PROVIDER. Any person who constructed, installed, operates or maintains a utility system in public rights-of-way prior to the effective date.
INFORMATION SERVICE. This term shall have the same meaning as in 47 U.S.C. § 153.
KyPSC. The Kentucky Public Service Commission.
MAYOR. The individual duly elected to serve as the chief administrator of the city or a person designated by that individual.
OPEN VIDEO SYSTEM. An entity established in accordance with 47 U.S.C. § 573.
OPERATOR. A person that:
(1) Provides service over a utility system and directly or through one (1) or more affiliates owns a significant interest in such a system; or
(2) Otherwise controls or is responsible for, through any arrangement (including ownership), the management or operation of a utility system.
PERMITTEE. A person who has been granted a permit under this chapter.
PERSON. Any individual, for-profit corporation, non-profit corporation, limited liability company, partnership, limited liability partnership, joint venture, association, joint stock company, business trust, sole proprietorship or any other legal entity or any affiliate thereof and the officers, agents, independent contractors or employees of such entities, but not the city or a contractor performing work for the city, except to the extent the city is acting as a UTILITY within the meaning of paragraphs (5) or (7) of the definition of UTILITY set forth below.
PUBLIC RIGHTS-OF-WAY or ROW. The public streets, alleys and easements (including utility easements) and any other public property which under the City Charter, the Madisonville Municipal Code, city ordinances and applicable laws the city has authority to grant permits for use thereof or has regulatory authority thereover and as may be more specifically defined in the permit granting any right to or use thereof.
REGISTRANT. A person whose registration application under § 102.20 of this chapter has been approved.
RIGHTS-OF-WAY USAGE FEE. The fee set forth in § 102.29 of this chapter.
RISK MANAGER. The person designated by the city to perform the functions stated in § 102.26.
TRANSFER. Any transaction in which:
(1) All or a portion of a utility system is sold or assigned (except a sale or assignment that results in removal of a particular portion of the facility from public rights-of-way);
(2) There is any change, acquisition, direct or indirect transfer of control of the registrant, permittee or operator; or
(3) The rights and/or obligations held by the registrant, permittee or operator are transferred, sold, assigned or leased, in whole or in part, directly or indirectly, to another party. It will be presumed that any transfer or cumulative transfer of voting interest of ten percent (10%) or more is transfer of control within the meaning of division (B) above.
UTILITY. Any person who owns, controls, operates or manages any facility used or to be used for or in connection with:
(1) The generation, production, transmission or distribution of electricity to or for the public for compensation for light, heat, power or other uses;
(2) The production, manufacture, storage, distribution, sale or furnishing of natural or manufactured gas or a mixture of same to or for the public for compensation for light, heat, power or other uses;
(3) The transporting or conveying of gas, crude oil or other fluid substance by pipeline to or for the public for compensation;
(4) The diverting, developing, pumping, impounding, distributing or furnishing of water to or for the public for compensation;
(5) The transmission or conveyance over wire, in air or otherwise of any message by telephone or telegraph for the public for compensation;
(6) The collection, transmission or treatment of sewage for the public for compensation if the facility is a subdivision collection, transmission or treatment facility plant that is affixed to real property and is located in a county containing a city of the first class or is a sewage collection, transmission or treatment facility that is affixed to real property that is located in any other county and that is not subject to regulation by a metropolitan sewer district or any sanitation district created pursuant to Kentucky statute; or
(7) The provision of a cable service. To the extent the city engages in the activities described in paragraphs (1), (2), (3), (4), and (6) of this definition, it shall not treated as a utility for purposes of this chapter.
UTILITY SERVICES. Any practice or requirement in any way relating to the service of any utility.
UTILITY SYSTEM. A tangible facility that is used to provide one (1) or more utility services, any portion of which occupies public rights-of-way.
(Ord. 2003-08, passed 3-17-03; Am. Ord. 2004-07, passed 4-19-04)