(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, being M.C.L.A. §§ 484.3103 et seq., as amended from time to time.
CITY. The City of Memphis.
CITY COUNCIL. The City Council or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.
MAYOR. The Mayor or his or her designee.
PERMIT. A non-exclusive permit issued pursuant to the Act and this subchapter to a telecommunications provider to use the public rights-of-way in the city for its telecommunications facilities.
(B) All other terms used in this subchapter shall have the same meaning as defined or as provided in the Act, including, without limitation, the following.
AUTHORITY. The Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to § 3 of the Act.
MPSC. The State Public Service Commission in the Department of Consumer and Industry Services and shall have the same meaning as the term “Commission” in the Act.
PERSON. An individual, corporation, partnership, association, governmental entity or any other legal entity.
PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, alley, easement or waterway. PUBLIC RIGHT-OF-WAY does not include federal, state or private rights-of-way.
TELECOMMUNICATION FACILITIES or FACILITIES. The equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes and sheaths which are used to, or can, generate, receive, transmit, carry, amplify or provide telecommunication services or signals. TELECOMMUNICATION FACILITIES or FACILITIES do not include antennas, supporting structures for antennas, equipment shelters or houses and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in § 332(d) of part I of Title III of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332 and further defined as commercial mobile radio service in 47 C.F.R. § 20.3 and service provided by any wireless, two-way communication device.
TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATIONS SERVICES. Terms as defined in § 102 of the State Telecommunications Act, Public Act 179 of 1991, being M.C.L.A. § 484.2102. TELECOMMUNICATIONS PROVIDER does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in § 332(d) of part I of the Communications Act of 1934, Ch. 652, 48 Stat. 1064, 47 U.S.C. § 332 and further defined as commercial mobile radio service in 47 C.F.R. § 20.3 or service provided by any wireless, two-way communication device. For the purpose of the Act and this subchapter only, a PROVIDER also includes all of the following:
(a) A cable television operator who provides a telecommunications service;
(b) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way; and
(c) A person providing broadband internet transport access service.
(Ord. 159, passed 9-16-2003)