For purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the singular number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
AFFILIATE. As to any person, each person, directly or indirectly, controlling, controlled by, or under common control with such person.
ANTENNA. Any device that transmits or receives signals. Such signals include but are not limited to radio and infrared waves for voice, data or video communications purposes.
CABLE ACT. The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, (codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V. 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, and the Telecommunications Act of 1996, Pub. L. No. 104-104 (1996) as it may, from time to time, be amended.
CABLE FRANCHISE. The rights and obligations extended by the city to a person to own, lease, construct, maintain, or operate a cable system in the rights-of-way within the franchise area for the purpose of providing cable services. Any such authorization, in whatever form granted, shall not mean or include:
(1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city, including the provision of communications services;
(2) Any permit, agreement, or authorization required in connection with operations in the rights-of-way including, without limitation, permits and agreements for placing devices on or in poles, conduits, or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights-of-way.
CABLE FRANCHISE FEE. Shall have the same meaning as is ascribed to the term "Franchise Fee" at 47 U.S.C. 542(g).
CABLE INTERNET SERVICES. The provision by a person of access to the Internet or any Intranet to customers over a cable system and shall include the provision of incidental services that are required by law to be treated under the same regulation as such direct access service. The city shall treat cable internet services as a cable service unless it is definitively determined under applicable law that cable internet service is not a cable service, in which case any person providing or wishing to provide cable internet services shall obtain a separate communications franchise from the city. All prior payments to the city attributable to cable internet service under a cable franchise shall be irrefutably deemed to be lawful compensation, irrespective of any rates or terms required for any future use under any new communications franchise.
CABLE SERVICES. Shall have the same meaning as is ascribed to the term "Cable Service" at 47 U.S.C. 522(6).
CABLE SYSTEM. Shall have the same meaning as is ascribed to the term "Cable System" at 47 U.S.C. 522(7).
CITY. The City of Richmond, Kentucky.
COLLOCATION. The shared use of facilities, including, but not limited to, the placement of conduit owned by more than one rights-of-way user in the same trench or boring and the placement of equipment owned by more than one user in the same or connected conduit. COLLOCATION does not include interconnection of facilities or the sale or purchase of capacity (whether bundled or unbundled).
COMMUNICATIONS. The transmission via the facilities, in whole or in part, between or among points specified by the user, of information of the user's choosing (e.g., data, video, voice), without change in the form or content of the information as sent and received, regardless of the statutory or regulatory scheme to which such transmissions may be subject.
COMMUNICATIONS FRANCHISE. A franchise for use of the rights-of-way for communications services as authorized herein and executed by the city and franchisee.
COMMUNICATIONS FRANCHISE FEE. The fee imposed by the city on franchisee for use of the rights-of-way pursuant to a communications franchise pursuant to § 124.03(K) of this chapter.
COMMUNICATIONS SERVICE. The transmission via facilities, in whole or in part, of any writings, signs, signals, pictures, sounds or other forms of intelligence through wire, wireless or other means, including, but not limited to, any "telecommunications service," "enhanced service," "information service," or "Internet service," as such terms are now, or may in the future be, defined under federal law, and including all instrumentality, facilities, conduit, apparatus ("communications facilities"), and services (among other things, the receipt, forwarding, and delivery of telecommunications) incidental to or designed to directly or indirectly facilitate or accept such transmission. This term does not include cable service or open video system service, but cable services and open video system service shall be subject to separate franchising requirements and applications. This term does not include over-the-air radio or television broadcasts to the public at large licensed by the FCC or any successor thereto.
FACILITIES. Any portion of a system located in, along, over, upon, under, or through the rights-of-way.
FCC. The Federal Communications Commission of the United States of America or any successor thereto.
FRANCHISE. A communications franchise as defined herein or any other franchise granted by the city pursuant to Sections 163 and 164 of the Kentucky Constitution or by the Kentucky General Assembly prior to the adoption of Sections 163 and 164 of the Kentucky Constitution which permits the use of the rights-of-way for communications services. Use of this definition in this chapter is not intended to include any license or permit for the privilege of transacting and carrying on a business within the city, as may be required by any other ordinance or laws of the city or the state.
FRANCHISE AREA. Unless otherwise specified in the applicable franchise, means the entire unincorporated area of the city as it is now constituted or may in the future be constituted.
FRANCHISEE. The party subject to a communications franchise, or its successors, assigns, or transferees.
LESSEE. A person who provides communications services within the city solely by leasing facilities and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
OPEN VIDEO SYSTEM (OVS) SERVICE. Shall have the same meaning as is ascribed to the term at 47 U.S.C. 573.
PERSON. Any corporation, partnership, limited liability company, proprietorship, individual, organization, governmental entity or any natural person.
RENEWAL. A new communications franchise granted to an existing franchisee.
RESELLER SERVICE PROVIDER. A person who provides communications services within the city solely by reselling communications services and who has no control over what, where or how any facilities are erected, installed, maintained, operated, repaired, removed, restored or otherwise used.
RIGHTS-OF-WAY. The surface and space on, above and below every street, alley, road, highway, lane or other public right-of-way dedicated or commonly used now or hereafter for utility purposes and facilities thereon, including, but not limited to, overhead lighting facilities. Rights-of-way shall not include public property owned or leased by the city and not intended for rights-of-way use, including, but not limited to, parks or public works facilities.
STATE. The Commonwealth of Kentucky.
SYSTEM. Any and all equipment, structures, materials or tangible components located in the rights-of-way and used to provide communications services, including without limitation all plant (whether inside or outside), cabinets, surface location markers, fiber strands, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennae, lines, pipes, mains, conduit, ducts, regenerators, repeaters, vaults, pedestals, manholes, handholds, pull boxes, splice closures, wires, cables, towers, wave guides, and anything else designed and constructed for the purpose of producing, receiving, amplifying or distributing communications services.
TELECOMMUNICATIONS ACT. The Telecommunications Act of 1996 codified at Title 47 of the United States Code.
(Ord. 05-13, passed 4-26-05)