For the purpose of this Title, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATE: A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
CABLE ACT: The Cable Communications Policy Act of 1984, 47 USC section 522 et seq., as now and hereafter amended.
CABLE OPERATOR: A telecommunications carrier providing or offering to provide "cable service" within the City as that term is defined in the Cable Act.
CABLE SERVICE: Those services as defined in the Cable Act of 1984, 47 USC 522, and any amendments thereto.
CABLE SYSTEM: The system to be constructed and installed by the provider pursuant to and in accordance with this Title, including, but not limited to, all cables, conduits, access manholes, pedestals, boxes, equipment, devices and appurtenances to be used by the provider to make the network fully operational, for the purposes of transmitting, receiving and distributing cable television.
CITY: The City of Prospect Heights.
CITY PROPERTY: Means and includes all real property owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Title.
CORPORATE AUTHORITIES: The Mayor and City Council of the City of Prospect Heights.
EMERGENCY: An unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action, affecting the health, safety or welfare of the public or any person.
EXCESS CAPACITY: The volume or capacity in any existing duct, conduit, manhole, handhole or other utility facility within the public right of way available for use for additional telecommunications facilities.
FCC OR FEDERAL COMMUNICATIONS COMMISSION: The Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, service and providers on a national level.
FACILITIES: The individual parts that together make the telecommunications system fully operational for the purposes set forth herein, including, but not limited to, all cables, conduits, access manholes, pedestals, boxes, equipment, devices and other appurtenances.
GOVERNMENTAL AUTHORITY: The United States of America, the State of Illinois and any political subdivision thereof, including, but not limited to, the City, and any agency, department, commission, board, bureau or other instrumentality of any of them that has jurisdiction over the telecommunications system or any property over, under, above or along which the telecommunications system shall be installed.
GROSS REVENUE: All of the revenue, as determined in accordance with generally accepted accounting principles, that is derived from or in conjunction with the operation of the telecommunications or cable system in the City, including, but not limited to, all revenue received for the provision of service, installation, reconnection, sale of products and the value of all goods and service received by the service provider in exchange for the service; provided, however, that no billings shall be imputed related to the service provided to the City.
ICC OR ILLINOIS COMMERCE COMMISSION: The State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, service and providers in the State of Illinois.
INDEX: The "Consumer Price Index-U.S. City Average; For Urban Wage Earners and Clerical Workers, All Items 1982-84-100", prepared by the U.S. Department of Labor, Bureau of Labor Statistics, or, if said Index is not then being published, the successor or the most nearly comparable successor index thereto.
OTHER WAYS: The highways, streets, alleys, utility easements or other rights of way within the City, but under the jurisdiction and control of a governmental entity other than the City.
OVERHEAD FACILITIES: Utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities.
PEG: Public, educational and governmental access.
PERMITS: All approvals, consents, permits, licenses, easements and franchises required to be obtained from all governmental authorities and persons, in connection with the telecommunications or cable systems, including those needed to obtain access to or use of any real property.
PERSON: Means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, and individuals and includes their lessors, trustees and receivers.
PRODUCTS: All equipment, instruments, parts, accessories and other goods offered in connection with or otherwise relating to the service.
PROVIDERS: Any person providing telecommunications service within the City, whether located in the public right of way or not.
PUBLIC RIGHT OF WAY OR RIGHT OF WAY: Means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter controlled by the City.
PUBLIC STREET: Any highway, street, alley or other public right of way for vehicular travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, not inconsistent with telecommunications facilities.
SERVICE: The provision or offering of telecommunications service, either directly or as a carrier for others, to persons by means of the telecommunications system.
STATE: The State of Illinois.
SURPLUS SPACE: That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Illinois Commerce Commission, to allow its use by a telecommunications carrier for pole attachment.
TELECOMMUNICATIONS CARRIER: Means and includes every person that directly or indirectly owns, controls, operates, or manages plant, equipment or property within the City, used or to be used for the purpose of offering any telecommunications service.
TELECOMMUNICATIONS FACILITIES: The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to provide or offer telecommunications service.
TELECOMMUNICATIONS PROVIDER: Means and includes every person who provides telecommunications service over telecommunications facilities whether owned or leased.
TELECOMMUNICATIONS SERVICE: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video signals, including cable television, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without the benefit of any closed transmission medium.
TELECOMMUNICATIONS SYSTEM OR SYSTEM: The telecommunications network to be constructed and installed by the provider pursuant to and in accordance with this Title, including, but not limited to, all cables, conduits, access manholes, pedestals, boxes, equipment, devices and appurtenance to be used by the provider to make the network fully operational, for the purposes of transmitting, receiving and distributing telecommunications and other information, including, without limitation, voice, data, video, including cable television, facsimile, alarm and meter reading signals and other forms of communications.
UNDERGROUND FACILITIES: Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE: The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Illinois Commerce Commission.
UTILITY EASEMENT: Any easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes, not inconsistent with telecommunications facilities.
UTILITY FACILITIES: The plant, equipment, and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public right of ways of the City for the purpose of providing utility or telecommunications service. (Ord. 0-96-78, 10-21-1996, eff. 10-31-1996)