For the purposes of this chapter, the following terms, words, abbreviations, phrases and their derivations, whether indicated with an initial capital or not, shall have the meaning given in this section, unless more specifically defined within other sections of the chapter. When not inconsistent with the context, words used 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 word “shall” is mandatory and not merely directory and “may” is permissive. Words not defined in this section or other sections shall be given their common and ordinary meaning.
“Applicant” means any person applying for a right-of-way permit hereunder.
“Best Efforts” means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
“City” means the City of Parma, a municipal corporation of the State of Ohio, and includes the municipal government of the City of Parma, including the Council, the Mayor, and all boards, commissions, offices, agencies, departments, officers and agents of the City, and also the territory currently, or which may in the future be included, within the geographic boundaries of the City of Parma.
“Content Services” means the provision of every type of information transmitted on a system by a provider, whether voice, data, or video, whether one-way or interactive, including monitoring of security devices, and other similar services. “Content services” includes the operation of a cable system as defined by Federal law at 47 U.S.C. 521 et seq., as amended, or as recognized by the Federal Communications Commission.
“Council” means the legislative body of the City.
“Federal Communications Commission” or “FCC” means the Federal agency created by the United States Communications Act of 1934, as amended, codified at 47 U.S.C. 151 et seq., and any legally appointed, designated or elected agent or successor.
“Permittee” means any person issued a right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
“Person” means any individual, firm, partnership, corporation, limited liability company, trust, joint stock company, joint venture, unincorporated association, governmental entity, banking institution, joint stock company and any other organization of any kind.
“Public Easements” means public and dedicated easements created and available for use by investor-owned or other public utilities, for their facilities.
“Public Property” means any real property owned by the City or easements held or used by the City, other than a right-of-way.
“Public Utilities Commission” or “PUCO” refers to and means the Public Utilities Commission of the State of Ohio or other authority succeeding to the regulatory powers of the Public Utilities Commission.
“Reasonableness of Consent or Approval” means that whenever reasonableness is a standard for the granting or denial of the consent or approval of either party to a permit, such party shall be entitled to consider public and governmental policy, moral and ethical standards, as well as business and economic considerations.
“Right-of-Way” or “ROW” means the surface of and the space above and below the paved and unpaved portions of any public streets, highways, paths, ways, drives, courts, alleys, viaducts, bridges, roads, lanes, sidewalks, and any other land dedicated or otherwise designated for the same now or hereafter held by the City. “Right-of-way” shall not include public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit in accordance with this chapter.
“Right-of-Way Permit” or “ROW Permit” means the non-exclusive grant of authority to use or occupy all or a portion of the city’s rights-of-way granted pursuant to this chapter.
“Telecommunication System” means the telecommunications network constructed and maintained by the permittee and used to provide telecommunications services in the City in accordance with the terms of a ROW permit granted hereunder, including all facilities owned or used by the permittee within the City.
“Telecommunications Facilities” means any and all equipment, structures, materials or tangible components of the permittee’s system, including, without limitation, the plant, whether inside or outside, all works, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, lines, termination equipment, pipes, sewers, mains, tubing, conduits, innerducts, regenerators, repeaters, underground lines, vaults, manholes, handholes, antennas, wires, cables, towers, poles and attachments, used for telecommunications systems.
“Telecommunications Services” means electronic or optic transmission of data, video, and/or voice communications between separate points by means of telecommunications facilities, including (i) services interconnecting interexchange carriers for the purpose of voice, video or data transmission; (ii) services connecting interexchange carriers or competitive carriers to telephone companies providing local exchange services for the purpose of voice, video or data transmission; (iii) services connecting interexchange carriers to any end users; (iv) services providing private line point to point service for end users for voice, video and data transmission; or (v) local exchange telephone connecting services as specifically permitted by the PUCO, the FCC or any other applicable State or Federal regulatory authority.
“Utility” means all other utilities besides telecommunications services, whether owned by any public or private or profit or nonprofit person, individual, firm, partnership, corporation, limited liability company, joint venture, trust, joint stock company, unincorporated association, governmental entity, banking institution, joint stock company, and any other organization of any kind, or voluntary association, whether organized or incorporated, except for a private septic system in a single or double-family dwelling utilized only for that dwelling and not connected to any other system and also excepting government-owned facilities, but specifically including, but not limited to, all other utilities defined as public utilities under Ohio R.C. 4905.02.
(Ord. 322-97. Passed 1-18-00; Ord. 89-16. Passed 8-1-16.)