For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined in this section shall be given the meaning set forth in the Communications Policy Act of 1984, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other video, audio, or data service using the same means of transmission as used to transmit video programming; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CITY PROPERTY. All real property owned by the city, other than the public way and utility easements as defined herein.
CONDUIT. Any structure, or portion thereof, containing one or more ducts, conduits, manholes, handholes, bolts, or other facilities used for any telegraph, telephone cable television, electrical or communications conductors, or cable facilities.
CONSTRUCTION. Any activity in the public way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities.
CONTROL. Actual working control in whatever manner exercised.
DUCT. A single enclosed raceway for conductors or cable.
EMERGENCY. The meaning provided in O.R.S. 401.025
FRANCHISE. An agreement between the city and a grantee which grants a privilege to use the public way and utility easements within the city for a dedicated purpose, for specific compensation, and for a specified period of time.
GRANTEE. The person to whom or the entity to which a franchise is granted by the city.
GROSS REVENUE. All revenue earned by a grantee from operations within the city, including, but not limited, to service to customers located within the city and other telecommunications providers or other persons who use the grantee’s facilities within the city to provide service to customers.
PERMITTEE. A person to whom, or entity to which, the city has granted a permit to construct or install a telecommunications facility or facilities in the public way.
PERSON. An individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company.
PRIVATE TELECOMMUNICATIONS NETWORK. A system, including the construction, maintenance, or operation of the system, for the provision of a service or any portion of a service which is owned or operated exclusively by a person for his, her, or their use and not for resale, directly or indirectly. PRIVATE TELECOMMUNICATIONS NETWORK includes services provided by the state pursuant to O.R.S. 190.240 and O.R.S. 283.140.
PUBLIC WAY. Includes, but is not limited to, any street, road, bridge, alley, sidewalk, trail, path, and utility easement, including the subsurface under and airspace over these areas.
(1) This definition applies only to the extent of the city’s right or authority to grant a franchise to occupy and use such areas for telecommunications facilities.
(2) PUBLIC WAY does not include city-owned buildings, parks, or other property.
TELECOMMUNICATIONS ACT. The Communication Policy Act of 1934, as amended by subsequent enactments, including the Telecommunications Act of 1996 (47 U.S.C. §§ 151 et seq.), and as hereafter amended.
TELECOMMUNICATION CARRIER. A telecommunication utility or a cooperative corporation formed under O.R.S. Chapter 62 that provides telecommunications service as defined in O.R.S. 759.005.
TELECOMMUNICATIONS PROVIDER.
(1) Any person that provides telecommunications services to any person or premises within the city;
(2) Any person that directly or indirectly owns, leases, operates, manages, or otherwise controls telecommunications facilities within the city; or
(3) Any person that is directly or indirectly owned or controlled by any person described in this definition.
(a) For purposes of this definition, OWNS or CONTROLS means that one person or entity owns more than 25% of the stock or assets or has more than 25% common partners, directors, or owners with another entity.
(b) In addition, any person that leases, purchases, or otherwise receives telecommunications service or use of a telecommunications facility for less than a reasonable price, so as to create a reasonable inference that the two parties did not deal at arm’s length, shall be deemed to be owned or controlled by the second party.
TELECOMMUNICATIONS FACILITIES. The plant and equipment, other than customer premises equipment, used by a telecommunications provider to provide telecommunications services.
TELECOMMUNICATIONS SERVICE. The transmission, for money or other consideration, of telecommunications in electromagnetic, electronic, or optical form.
(1) TELECOMMUNICATIONS SERVICE includes, but is not limited to, telephony, data transport, internet service, video, and cable television.
(2) TELECOMMUNICATIONS SERVICE does not include:
(a) One-way broadcast of radio or television signals;
(b) Direct-to-home satellite service within the meaning of the Telecommunications Act of 1996, § 602;
(c) Surveying;
(d) Private telecommunications networks that do not use the public way; or
(e) Communications of the customer which take place on the customer side of on-premise equipment.
TELECOMMUNICATIONS SYSTEM. See TELECOMMUNICATIONS FACILITIES above.
TELECOMMUNICATIONS UTILITY. Has the same meaning as given in O.R.S. 759.005(1).
UTILITY EASEMENT. Any easement granted to or owned by the city and acquired, established, dedicated, or devoted for public utility purposes.
UTILITY FACILITIES. The plant, equipment, and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cable, wires, plant, and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used, or to be used, for the purposes of providing utility or telecommunication services.
(Ord. 2021-01, passed 3-10-2021)