§ 93.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONMENT.  The permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all uses of a facility within a physical structure where the physical structure continues to be used.  By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be an ABANDONMENT of a facility in public rights-of-way.
   COMMUNICATIONS FACILITY or FACILITY or COMMUNICATIONS SYSTEM  or SYSTEM.  Any permanent or temporary plant, equipment and property, including but not limited to amplifiers, cables, wires, conduits, ducts, fiber optics, head end, poles (excluding mono poles), antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, tower, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the town and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services.  A COMMUNICATIONS FACILITY shall not include any facilities of any electric utility used solely for operating its electric utility systems, or a facility that serves only subscribers in one or more multiple unit dwellings under common ownership or control, unless such facility or facilities uses any public rights-of-way.
   COMMUNICATIONS SERVICES. The transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance.  Notwithstanding the foregoing, for purposes of this chapter “cable service”, as defined in F.S. § 202.11(1), as amended from time to time, is included in the definition of COMMUNICATIONS SERVICES, and cable service providers may be subject to other ordinances, resolutions, and regulations of the town.
   COMMUNICATIONS SERVICES PROVIDER.  Any person, including a municipality or county, providing communications services through the placement or maintenance of a communications facility in public rights-of-way.  COMMUNICATIONS SERVICES PROVIDER shall also include any person, including a municipality or county, that places or maintains a communications facility in public rights-of-way but does not provide communications services.  COMMUNICATION SERVICES PROVIDER shall not include any cable television provider that has a current cable television franchise agreement with the town on the date this chapter is adopted, however, upon the expiration of such franchise agreement and in the event the franchise agreement is not renewed in accordance with federal law, the term COMMUNICATION SERVICES PROVIDER shall also include cable television providers. 
   FCC.  The Federal Communications Commission and any legally appointed or elected successor.
   IN PUBLIC RIGHTS-OF-WAY orIN THE PUBLIC RIGHTS-OF-WAY.  In, on, over, under or across the public rights-of-way.
   MAINTENANCE.  In reference to the placement or maintenance of communications facilities in the public rights-of-way act(s) including but not limited to installation, operation, removal, repair, improvement, expansion, rehabilitation, construction, deactivation, or reactivation of communications facility.  Any act or omission to act that is argued or claimed to be an abandonment of a communication facilities within the public right-of-way which is not specifically approved in writing by the town shall not be construed to be interpreted as an abandonment of a communications facilities. 
   PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR MAINTAINING.  To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, operate, activate, reactivate, deactivate, rehabilitate, or relocate.  A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is PLACING OR MAINTAINING the facilities.  A person providing service only through resale or only through use of a third party’s unbundled network elements is not PLACING OR MAINTAINING the communications facilities through which such service is provided.  The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute PLACING OR MAINTAINING facilities in the public rights-of-way.
   PUBLIC RIGHTS-OF-WAY.  A public right-of-way, public utility easement, highway, street, bridge, tunnel, sidewalk, waterway, alley, or public property for which the town is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the airspace over the surface and the area below the surface.  The term PUBLIC RIGHTS-OF-WAY shall not include private property.  The term PUBLIC RIGHTS-OF-WAY shall not include any real or personal town property except as described above and shall not include town buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.  No reference in this chapter to the PUBLIC RIGHT-OF-WAY shall be deemed to be a representation or guarantee by the town that its title to any property is sufficient to permit its use for the purpose of installing or operating a communications system, and the registrant shall be deemed to gain only such rights to use the public right-of-way in the town as the town may have the undisputed right and power to give.
   REGISTRANT.  A communications services provider, whether natural, corporate, or otherwise, domestic or foreign, that has registered with the town in accordance with the provisions of this chapter, and the lawful successor, transferee, or assignee of such person.
   TRANSFER.  The disposal by the registrant, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of 20% or more at one time of the ownership or controlling interest in the system, or 35% cumulatively over the term of the permit of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control.
(Ord. 2010-01, passed 1-26-2010)