(a) For the purpose of this Chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) 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.
(2) Antenna means any apparatus designed for the purpose of the transmission and/or reception of radio frequency ("RF") radiation, to be operated or operating from a fixed location to facilitate wireless communications services including but not limited to the transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds.
(3) Cable Operator means a person providing or offering to provide cable service within the City.
(4) Cable Service means "cable service" as 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.
(5) Cable System means "cable system" as 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.
(6) Capital Improvement means an addition made to enhance the value or extend the useful life of an existing system or facilities, including construction, reconstruction, installation, rehabilitation, renovation, improvement, enlargement and extension of facilities, but not including ordinary or routine maintenance.
(7) City means the City of Oregon, Ohio.
(8) City Administrator means the City Administrator, or his or her designee.
(9) City Property means and includes all real property owned by the City, other than Public Streets and Public Easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to Public Right-of-Way consent and permit requirements of this Chapter.
(10) Co-location means the use of an existing tower or structure to support antennae for the same provision of wireless services.
(11) Construct, Constructing, Construction, etc. means installing, repairing, replacing or removing any public or private facility, regardless of the methods employed.
(12) Construction Permit or Permit means a permit issued pursuant to Section 712.03 of this Chapter.
(13) Director of Public Service means the Director of Public Service or his designee.
(14) Emergency means an unforeseen occurrence or a condition calling for immediate action.
(15) Excavate, Excavating or Excavation means cutting, sawing, breaking, drilling into, boring under, or otherwise altering any Public Street, driveway approach, or sidewalk pavement, and/or digging, drilling into or boring under any unpaved portion of the Public Right-of-Way, including any other work or activity which disturbs the existing surface or subsurface structure, composition, or soil compaction, for the purpose of carrying on any construction activity.
(16) Excess Capacity means the volume or capacity in any existing or future duct, conduit, manhole, or other facility in the Public Right-of-Way that is or will be available for use for additional facilities.
(17) FCC means Federal Communications Commission.
(18) Facilities or Facility means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground in the Public Right-of-Way of the City and used or to be used to operate a system to transmit, receive, distribute, provide or offer a service but also including private system.
(19) Lane Obstruction means the blocking or diverting of vehicular and/or pedestrian traffic from a street or sidewalk for any purpose including but not limited to: constructing, excavating, installing, repairing, maintaining, operating, replacing or removing any facility, including but not limited to: (A) the lifting or removing of manhole or handhole covers, and (B) the opening or accessing of at-grade or pole- mounted cabinets, pedestals, transformers, power supplies, amplifiers, splice enclosures, traps or other Facilities.
(20) Micro Wireless Facility means both a distributed antenna system and a small cell facility, and the related wireless facilities as more specifically defined by the O.R.C. §4939.01(F) as may be amended or superseded.
(21) New Service Orders means the connection from the public service provider's existing facilities on private property for the purpose of providing a new Service to a customer in the City.
(22) Occupancy, Occupy or Use means, with respect to the Public Right-of- Way, to place a tangible thing in the Public Right-of-Way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining or operating lines, poles, pipes, conduits, ducts, equipment or other structures, appurtenances or facilities necessary to operate a system for the delivery of public utility-like services, including service provided by a cable operator, or other services over private facilities in the Public Right-of-Way.
(23) ODOT means the Ohio Department of Transportation.
(24) Other Ways means the highways, streets, alleys, utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City.
(25) Overhead Facilities means utility poles and wires, cables and other such equipment running between and on such poles, including the underground supports and foundations for such Facilities.
(26) 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.
(27) Private Facility means the plant, equipment and property, including but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennae, electronics and other appurtenances or facilities used or to be used to operate a system to transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no offer of service to the public.
(28) Private Service Provider means any person who, pursuant to the permit to occupy or use, or construct in the Public Right-of-Way pursuant to Section 712.03 of this Chapter, directly or indirectly owns, controls, operates or manages private facilities within the City's Public Right-of-Way used or to be used for the purpose of operating a system to transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no offer of service to the public.
(29) Public Easement means any easement under the jurisdiction and control of the City and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(30) Public Right-of-Way means the surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the City but excludes a private easement.
(31) Public Service Provider means any person that, pursuant to the permit to occupy or use, or construct in the Public Right-of-Way pursuant to Section 712.03 of this Chapter, directly or indirectly owns, controls, operates or manages facilities within the City's Public Right-of-Way, used or to be used for the purpose of operating a system offering service to the public within the City or outside of the City's boundaries.
(32) Public Street means the paved and unpaved portion of any street, road, boulevard, drive, highway, freeway, parkway, lane, court, alley or other Public Right-of-Way in which the City has an interest in law or equity and which has been acquired, established, dedicated or devoted to street purposes.
(33) Public Way Fee means a fee levied to recover the costs incurred by the City and associated with the occupancy or use of a Public Right-of-Way.
(34) PUCO or Public Utilities Commission of Ohio means the state administrative agency, or lawful successor, authorized to regulate and oversee certain public or private service providers and services in the State of Ohio.
(35) Reconstruct, Reconstruction, etc. means substantial physical change to or capital improvement of all or a portion of an existing system or facilities including a change in location, or additional locations, of facilities along the same Right-of-Way involving construction in Public Streets, Utility Easements, or Public Right-of-Way.
(36) Routine Maintenance means repair, upkeep, replacement or restoration of existing facilities located in the Public Right-of-Way that requires no more than three (3) working days to complete, is not an emergency and does not include excavation of the Public Right-of-Way.
(37) Service means the offering of water, sewer, electric, gas, telephone, telecommunications, cable television, information or other utility-like 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.
(38) Service Provider means any public service provider and/or private service provider.
(39) State means the State of Ohio.
(40) Surplus Space means that portion of the usable space on a utility pole which has the necessary clearance from other public or private service providers using the pole, as required by the orders and regulations of the National Electrical Service Code, pole owners and other applicable state and local orders and regulations, to allow its use by an additional public or private service provider for a pole attachment.
(41) System means a network of facilities for the transmission and/or distribution of a service.
(42) Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, that are constructed for wireless communications services including, but not limited to private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site, as more specifically defined by the FCC in 47 C.F.R. §1.40001(b)(9), as may be amended or superseded.
(43) Telecommunications means the technology of communication by electric transmission of impulses, transmission of impulses by light energy or transmission by electromagnetic wave.
(44) Transmission Equipment means any equipment that facilitates transmission of any FCC licensed or authorized wireless communications service, including but not limited to radio transceivers, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply, as more specifically defined by the FCC in 47 C.F.R. §1.40001(b)(8). This definition includes equipment in any technological configuration associated with any FCC authorized wireless transmission, licensed or unlicensed, commercial mobile, private mobile, fixed wireless microwave backhaul, and fixed broadband.
(45) Trenchless Technology means the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the construction of underground portions of facilities that result in the least amount of disruption and damage to the Public Right-of-Way as possible.
(46) Underground Facilities means that portion of a system located under the surface of the ground, including above ground appurtenances, such as pedestals, natural gas equipment and other above ground Facilites which are connected with or a part of underground Facilities.
(47) 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 National Electrical Service Code and as permitted by the pole owners.
(48) Utility Easement means any easement owned by a service provider and acquired, established, dedicated or devoted for the purpose of providing service to the public but does not include an exclusive easement to a service provider located on private property.
(49) Wireless Communications Facility means any unstaffed installation for the transmission and/or reception of radio frequency signals for wireless communications services, typically consisting of a tower or base station, transmission equipment, equipment cabinets, and all material or techniques used to conceal the installation.
(50) Wireless Communications Service means any FCC-licensed or authorized wireless communication service including, without limitation, any personal wireless services, as defined in 47 U.S.C. §332(c)(7)(D).
(Ord. 043-2017. Passed 3-13-17.)