§ 116.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS LINE.
      (1)   Each switched transmission path of the transmission media within the rights-of-way extended to the end-user customer’s premises network interface within the city that allows delivery of telecommunications service;
      (2)   Each loop provided as an unbundled network element to a person pursuant to an agreement under § 252 of the Federal Telecommunications Act of 1996; and
      (3)   Each termination point of a non-switched telephone circuit consisting of transmission media connecting specific locations identified by, and provided to, the end user for the delivery of non-switched telecommunications service within the city.
   CABLE SERVICE. As defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §§ 532 et seq.
   CITY. The City of Palmview, Texas.
   DIRECTION OF THE CITY. All ordinances, laws, rules, resolutions and regulations of the city that are not inconsistent with this chapter and that are now in force or may hereafter be passed and adopted.
   FACILITIES. Any and all of the duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures, plant and appurtenances and all associated transmission media used for the provision of telecommunications service.
   LINE FEE. A monthly fee to be applied to each access line for the calculation of the total amount to be paid to the city as a rights-of-way fee.
   PERMIT HOLDER. Any telecommunications service provider issued a permit pursuant to the terms of this chapter.
   PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association and other such entity.
   PUBLIC UTILITY. A public utility, as that term is used in the Public Utility Regulatory Act of 1995, Tex. Utilities Code § 11.004, including municipally-owned and/or operated utilities.
   RIGHTS-OF-WAY. All present and future public streets, avenues, highways, alleys, sidewalks, boulevards, drives, tunnels, easements, bridges and other such similar passageways, thoroughfares and public ways within the city.
   RIGHTS-OF-WAY FEE. The total amount paid to the city on a quarterly basis for the use and occupancy of the rights-of-way.
   TELECOMMUNICATIONS SERVICE. The transmittal of voice, data, image, graphics and other communications between or among points by wire, fiber optics or other similar facilities, as well as the rental, lease or furnishing of the facilities to accomplish such transmittal, but does not include transmissions for long distance purposes (interLATA and intraLATA) or any “wireless service”, as defined by law.
   TELECOMMUNICATIONS SERVICE PROVIDER. Any person that supplies telecommunications service to others within the corporate limits of the city in exchange for money or other value.
   TELECOMMUNICATIONS UTILITY. As used in the Public Utility Regulatory Act of 1995, Tex. Utilities Code § 51.002(11).
   TRANSMISSION MEDIA. Any and all of the cables, fibers, wires or other physical devices owned, maintained or placed by a permit holder to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes.
   USE AND OCCUPANCY. The permit holder’s acquisition, installation, construction, reconstruction, maintenance, repair, control or operation of any facilities within the rights-of-way for any purpose whatsoever.
(Ord. 99-05, passed 6-15-1999)