For purposes of this chapter, and the interpretation and enforcement thereof, the following words and phrases used herein shall have the following meanings, unless the context of the sentence in which they are used indicates otherwise:
(1) "Affiliate" means a person who or which (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control by or with another person.
(2) "Annual Gross Revenue" means all revenue, as determined in accordance with generally accepted accounting principles (including, without limitation, subscription, facilities rental, equipment and advertising revenue), which is received directly or indirectly from the distribution of any service over a permit holder's facilities located within the City. "Gross Revenues" does not include sales and use taxes, franchise fees, and other governmental charges and fees collected by a permit holder.
(3) "Cable Television Operator" means a person providing or offering to provide cable television service within the City, as that term is defined in the Cable Communications Policy Act of 1984, codified at 47 U.S.C. § 532 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as each might be further amended.
(4) "City" means the City of Mayfield Heights, Ohio, its employees, agents, assignees, designees, and appointed officials.
(5) "City Property" means and includes all real property owned by the City, other than public streets and public utility easements, as those terms are defined herein, and all real property held in a proprietary capacity by the City which are not subject to public way permits and franchising as provided in this chapter.
(6) "Excavation" or "Excavate" means to dig into or in any way remove or physically disturb or penetrate the surface of the ground.
(7) "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, or other facility within the public way that is or will be available for use for additional facilities.
(8) "Facility", "Facilities" or "Systems" means the plant, equipment and property, including, but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennas, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground within the City, and used or to be used to transmit, receive, distribute, provide or offer services, and also including private facilities.
(9) "Mayor" means the Mayor of the City, or his or her designee. Said designee must be in writing.
(10) "Other Ways" means the highways, streets, alleys, public utility easements or other rights-of-way within the City that are under the jurisdiction and control of a public utility or governmental entity other than the City.
(11) "Overhead Facilities" means facilities, including utility poles and wires, cables and other such equipment running between and on such poles, located above the surface of the ground, and also including the underground supports and foundations for such facilities.
(13) "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals, and includes their lessors, trustees and receivers.
(14) "Private Facility" means a plant, equipment and property, including, but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute or provide utilities, telecommunications, cable television or other services between or among private buildings or facilities, where there is no offer of service to the public.
(15) "Private Property" means all real property that is not City property.
(16) "Public Street" means any highway, street, alley or other public right-of-way for travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to right-of-way purposes not inconsistent with facilities.
(17) "Public Utility Easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with facilities.
(18) "Public Ways" means and includes all public streets and public utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or franchise to occupy and use such streets and easements for facilities, including cable television service telecommunication facilities.
(19) "PUCO" or "Public Utilities Commission of Ohio" means the State administrative agency, or its lawful successor, authorized to regulate and oversee certain service providers and services in the State of Ohio.
(20) "Reconstruct" means substantial physical changes to all or a portion of a facility or system involving construction within the public streets, public utility easements or public ways.
(21) "Service" means the offering of utilities or telecommunications, including cable television service, for a fee, directly to the public, or to such classes of users as to be effectively available to the public, regardless of the facilities used.
(22) "Service Provider" means and includes every person who or which directly or indirectly owns, controls, operates or manages any facility, system, plant, equipment or property within the City which is used or to be used for the purpose of offering service within the City or outside the City's boundaries.
(23) "State" means the State of Ohio.
(24) "Surplus Space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the PUCO and other applicable State and local orders and regulations, to allow its use by a service provider for a pole attachment.
(25) "Underground Facilities" means facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
(26) "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(27) "Use Permit" has the meaning given to it in Section 909.13.
(Ord. 1998-11. Passed 6-22-98.)