The purpose and intent of this legislation is to:
(a) Permit and manage reasonable access to the Public Ways of the Village for the purpose of providing utility and telecommunications services, including cable television, on a competitively neutral basis, consistent with federal and state law.
(b) Encourage the provision of advanced and competitive utility and telecommunication services to the businesses, institutions and residents of the Village.
(c) Provide that the Village's cost of regulating private use of the Public Ways are fully paid by those using and seeking to use the Public Ways.
(d) Provide and reserve the right to provide for fair and reasonable compensation to the Village for permitting use of the Public Ways on a competitively neutral and nondiscriminatory basis.
(e) Establish certain policies applying to cable television operators using the Village's Public Ways.
(Ord. 106-01-99. Passed 1-26-99.)
(a) For the purpose of this legislation, the following words and phrases shall have the following meanings, unless the context thereof clearly indicates otherwise.
(1) "Abandonment" means the circumstance with respect to facilities when such facilities have not been used to provide services for a period of one hundred eighty (180) days, or when the permit holder notifies the Village of its intent to discontinue use of such facilities.
(2) "Administrative Regulations" means regulations adopted by the Village to implement the provisions of this legislation.
(3) "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
(4) "Cable Television Operator" means a person providing or offering to provide cable television service within the Village as that term is defined in the Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended.
(5) "Construction Permit" means the permit described in and required under Chapter 979.
(6) "Excavation" or "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of the Public Way.
(7) "Facilities" means facilities, including but not limited to cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plants, equipment and appurtenances thereto, located under, on or above the surface of the ground within the Public Ways and used or to be used to transmit, receive, distribute, provide or offer any Service.
(8) "Permit Holder" means, as applicable, a person who has received a use permit or a construction permit.
(9) "Person" means a corporation, company, association, joint stock company, firm, partnership, limited liability company, trust or individual.
(10) "Public Street" means any highway, street, alley or other public right-of- way for travel under the jurisdiction and control of the Village that has been acquired, established, dedicated or devoted to street purposes.
(11) "Public Utility Easement" means any easement owned by the Village and acquired, established, dedicated or devoted for public utility purposes.
(12) "Public Way" means all Public Streets and Public Utility Easements, but only to the extent of the Village's right, title, interest or authority to grant a permit or franchise to occupy and use such streets and easements for facilities.
(13) "Service" means the offering of utilities or telecommunications, including but not limited to cable television service, for a fee directly to the public, or to such classes of users as to be effectively available to the public.
(14) "Service Provider" means and includes every person that directly or indirectly owns, controls, operates or manages any facility within the Village used or to be used for the purpose of offering any service.
(15) "State" means the State of Ohio.
(16) "Use Permit" means the permit described in and required under Chapter 975.
(17) "Village" means the Village of Milan, Erie and Huron Counties, Ohio.
(18) "Village Engineer" means the Village of Milan, Erie and Huron Counties, Ohio, Village Engineer, or his or her designee.
(19) "Village Administrator" means the Village of Milan, Erie and Huron Counties, Ohio, Village Administrator, or his or her designee.
(20) "Village Property" means all real property owned by the Village, other than Public Streets and Public Utility Easements.
(Ord. 106-01-99. Passed 1-26-99.)
Loading...