For the purposes of Chapter 733, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning. Defined terms remain defined terms whether or not capitalized.
(a) “Applicant” means any Person who seeks to obtain or renew a License.
(b) “Application” means the process and format by which an Applicant submits a request to obtain a License.
(c) “City” means the City of Oxford, Ohio.
(d) “City Council (Council)” means the governing body of the City.
(e) “City Manager” means the administrative head of the municipal government known as the City of Oxford, Ohio.
(f) “Codified Ordinances” means the Codified Ordinances of the City of Oxford, Ohio.
(g) “Construct” means, but shall not be limited to, dig, bore, tunnel, trench, excavate, obstruct, install wires, install conduit, install pipes, install transmission lines, install poles, install signs, or install Facilities, other than landscaping or ornamental plantings, in, on, above, within, over, below, under, or through any part of the Rights of Way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the Right-of-Way.
(h) “Construction” means, but shall not be limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs, or installing facilities, other than landscaping or ornamental plantings in, on, above, within, over, below, under, or through any part of the Rights of Way. Construction shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is part of the Right-of-Way.
(i) “Facility(ies)” means any tangible thing located in any Rights of Way within the City; but shall not include boulevard plantings, ornamental plantings, or gardens planted or maintained in the Rights of Way between a Person's property and the street edge of pavement.
(j) “Grantee” means any party, Person, entity, corporation or partnership which has been granted a License by the City for the providing or building of a Telecommunications System as provided in these definitions.
(k) “In”, when used in conjunction with Rights of Way, means in, on, above, within, over, below, under or through a Rights of Way.
(l) “Law(s)” means any local, state, or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, or other requirement in effect either at the time of execution of this Chapter or at any time during the location of, and/or while a Grantee's Telecommunications System is located in the public Rights of Way.
(m) “License” means the permission granted by the City to operate a Telecommunications System within the Rights of Way of the City of Oxford.
(n) “License Fee” means the money paid to the City to maintain a License to operate a Telecommunications System within the Rights of Way of the City and compensate the City for costs associated with Rights of Way management and administration.
(o) “Person” means any natural or corporate Person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(p) “Restore (Restoration)” means the process and the resultant effects by which a Rights of Way is returned to a condition as good as or better than its condition immediately prior to Construction. Restoration shall occur in accordance with the Rules and Regulations established by the Director of Public Service and as amended from time to time.
(q) “Right(s) of Way” means the surface and space in, on, above, within, over, below, under or through any real property in which the City has an interest in Law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit or any other place, area, or real property owned by or under the legal or equitable control of the City that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing a Telecommunications System. Rights of Way shall not include buildings, parks, or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a Permit or by Law.
(r) “Rule(s) and Regulation(s)” means any rule and or regulation adopted by the Director of Public Service pursuant to Law.
(s) “Telecommunication Service(s)” shall mean voice, video, data transmission, or any other means of transmission over any Telecommunication System, the lease of the system to third parties, or any other access or private line service. For the purpose of this Chapter, Telecommunications Services shall include a “Cable System” and “Cable Service” as defined in Title 47, Section 522 (6) and (7) of the United States Code and other means of video delivery which are considered cable television systems.
(t) “Telecommunications System ("System")” means any conduit, ducts, cables, pipes, wires, lines, towers, antennae wave guides, optic fiber, microwave, or laser beams, and any associated converters, equipment, or Facilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing Telecommunications Service within the City.
(u) “Transfer” means the disposal by the Provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation, or otherwise, of twenty-five percent (25%) or more at one time of the ownership or controlling interest in the System, or twenty-five percent (25%) cumulatively over the term of a License of such interests to a corporation, partnership, limited partnership, trust, or association, or Person or group of Persons acting in concert.
(Ord. 2680. Passed 5-16-00.)