For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. Unless otherwise expressly stated, words not defined in this chapter shall be construed consistent with USC title 47.
ADMINISTRATOR: Means the City Administrator or designee.
APPLICANT: Means any person or entity that applies for a master use permit under this chapter.
CABLE TELEVISION SERVICE: Means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.
COMMUNICATIONS FACILITY: Means a device which alone or as part of an aggregation of devices is capable of transmitting signals from place to place.
COMMUNICATIONS SYSTEM: Means a telecommunications system.
CONSTRUCTION, OPERATION OR REPAIR: Means the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready and excavation.
GRANTEE: Means a person holding a master permit.
MASTER PERMIT: Means the franchise granted by the City to an operator of a telecommunications system under this chapter, giving the operator the nonexclusive right to occupy the space, or use facilities upon, across, beneath, or over any public right-of-way in the City, to provide a specified service within a master permit area. Such master permit shall not include or be a substitute for:
A. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City;
B. Any permit, agreement or authorization required in connection with operations on or in public streets or property;
C. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the master permit including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City or a private entity; or
D. The right to place devices in the right-of-way, such as pay telephones, for end user use in terminating or originating transmissions.
By way of example, and without limiting the foregoing, this chapter shall not be read to diminish or in any way affect the authority of the City to control the use of the City's real estate, fixtures or personal property. Therefore, any person who desires to use such property must obtain additional approvals, or agreements for that purpose, as may be required by the City.
MASTER PERMIT AREA: Means the area of the City that a grantee is authorized to serve by the terms of its master permit or by operation of law.
OPERATOR: Means a person: a) who provides service over a communications system and directly or through one or more affiliates owns a significant interest in such facility; or b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility. A person who operates a telecommunications system or a specific portion of a telecommunications system under agreement to provide telecommunications services shall be treated as an operator for purposes of this chapter.
OVERHEAD FACILITIES: Means communications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON: Means corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals, including their lessors, trustees and receivers.
PERSONAL WIRELESS SERVICES: Means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Federal law and regulations.
PRIVATE COMMUNICATIONS SYSTEM: Means a facility located in the public rights-of-way that provides communications in connection with a person's business, but that does not encompass in any respect the provision of telecommunications services.
PRIVATE COMMUNICATIONS SYSTEM OWNER: Means a person that owns or leases a private communications system.
PUBLIC RIGHTS-OF-WAY: Means land acquired or dedicated for public roads and streets. The public rights-of-way may be more specifically defined in the master permit or right-of-way permit granting the right to use the public rights-of-way. For purposes of this chapter, the term does not include:
A. State highways;
B. Land dedicated for roads, streets and highways not opened and not improved for motor vehicle use by the public;
C. Structures such as, but not limited to, poles and conduits located in the right-of-way;
D. Parks and open space;
E. Publicly owned shorelines or harbor areas; and
F. Utility easements.
RIGHT-OF-WAY PERMIT: Means the authorization given by the City as provided in section 8-5-3 of this title to enter and use the specified right-of-way for the purpose of installing, maintaining, repairing, or removing identified facilities.
TELECOMMUNICATIONS SERVICE: Means the transmission for hire of information in electronic or optical form, including, but not limited to, voice, video, or data, whether or not the transmission medium is owned by the provider itself. Telecommunications service includes telephone service but does not include cable television service or over-the-air broadcasts to the public at large from facilities licensed by the Federal Communications Commission or any successor thereto.
TELECOMMUNICATIONS SYSTEM: Means a facility used to provide one or more telecommunications services. The term "telecommunications system", by way of example and not limitation, includes wires, equipment cabinets, guys, conduits, radio transmitting towers, poles, other supporting structures, and associated and appurtenant facilities used to transmit telecommunications signals. The term "telecommunications system" includes all devices mounted on light poles in the public rights-of-way through which telecommunications services are originated or terminated.
UNDERGROUND FACILITIES: Means utility, communication, and cable facilities located underground, but excluding the underground foundations or supports for overhead facilities.
WIRELESS COMMUNICATIONS SERVICES FACILITIES: Means facilities that are necessary to provide personal wireless services that the City has authorized to be located in the public rights-of-way. (Ord. 2018-1031, 7-11-2018)