The definitions and terminology of any terms contained in this chapter which are not specifically defined in this section may be contained in the applicable provisions of the ordinances (as they may be amended in the future) which are hereby incorporated herein by reference.
APPLICANT. A person who is applying for a franchise.
APPLICATION. Shall refer to the list of documents and information set forth in § 112.06 required from new entrants, including any written responses provided on city forms or written correspondence provided in response to city inquiries and investigations. Applications must comply with the requirements of this chapter in its entirety.
BOARD OF COMMISSIONERS or CITY COMMISSION. The Board of Commissioners of the City of Richmond.
CABLE SERVICE. Shall have the meaning in this chapter as it is defined in Section 602(6) of the Communications Act of 1934, as amended as it may be amended (hereinafter cited as 47 U.S.C. § 522(6)).
CABLE SYSTEM. Shall have the meaning in this chapter as it is defined in Section 602(7) of the Communications Act of 1934, as it may be amended (47 U.S.C. § 522(7)).
CITY. City of Richmond, Kentucky, its elected and appointed officials, employees, agents, boards, consultants, assigns, volunteers and successors in interest.
COMMUNICATIONS ACT. The Communications Act of 1934, as amended from time to time (47 U.S.C. § 151 et seq.).
CUSTOMER. A person located within the territorial limits of the city who is legally receiving telecommunications service from the grantee.
EQUIPMENT AND APPARATUS. Any manholes, underground conduits, ducts, nodes, electronic devices, poles, towers, support structures , cables, boxes, wires, fixtures, conductors, or other facilities necessary, essential, used or useful to and operated by the telecommunications system.
FACILITY or FACILITIES. Any tangible component of grantee’s telecommunication system.
FCC. The Federal Communications Commission, or its lawful successor.
FRANCHISE FEE. For the purposes of this chapter, any fee that may be imposed by the city on grantee as compensation for grantee’s use of rights-of-way. Use of this definition in this chapter is without prejudice to any rights grantee or the city may have under federal and Kentucky law as they may be amended.
GRANTEE. A person to which a franchise under this chapter is granted by the Board of Commissioners, or its successors and assigns.
MINIMUM ANNUAL FRANCHISE FEE. Twenty-five thousand dollars in the first year of the grantee’s franchise and shall increase by $1,000 annually.
PSC. The Kentucky Public Service Commission or its lawful successor.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind. The definition of PERSON does not include any governmental entity.
POLE. A utility, lighting, or similar pole made of wood, concrete, metal, or other material, located or to be located within the rights-of-way. The term does not include a tower or support structure.
ROAD or STREET or RIGHTS-OF-WAY. The surface of and the space above and below any public road, street, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the city for the purpose of public travel and shall include other rights-of-way as shall be now held or hereafter held by the city which shall, within their proper use and meaning entitle the city and its grantees to the use thereof for the purposes of installing or transmitting telecommunication system transmissions over poles, towers, or support structures, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to a telecommunication system.
SHALL. Is mandatory, not merely directive.
SMALL WIRELESS FACILITIES. Wireless facilities that meet each of the following conditions:
(1) The facilities are mounted on poles, towers, or support structures 55 feet or less in height including their antennas;
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any associated equipment on the structure, including collations, is no more than 15 cubic feet in volume, cumulatively. The following types of associated, ancillary equipment are not included in the calculation of equipment volume: electric meter, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for connection of power and other services;
(4) The facilities do not require antenna structure registration under federal law;
(5) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards provided in federal law; and
(6) Small wireless facilities do not include poles, towers, or support structures.
SUPPORT STRUCTURE. A structure in the rights-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application for an installation permit.
TELECOMMUNICATIONS SERVICE. Means any service provided for consideration for the purpose of provision, transmission, conveyance, or routing of information including, but not limited to, voice, video, images data, or any other information signals without regard to the transmission protocol employed, whether or not the transmission medium is owned by the provider itself and whether or not the transmission medium is wireline. By way of example, and not limitation, TELECOMMUNICATIONS SERVICE includes, but is not limited to the following:
(1) Telecommunications service (as defined by 47 USC §153(53) (as such term is now, or may in the future be, defined under federal law);
(2) Telephone exchange service (as defined by 47 USC §153(54) (as such term is now, or may in the future be, defined under federal law);
(3) Exchange access (as defined by 47 USC §153 (20) (as such term is now, or may in the future be, defined under federal law);
(4) Mobile service (as defined by 47 USC §153(33) (as such term is now, or may in the future be, defined under federal law);
(5) Advanced communications services (as defined by 47 USC §153(1) (as such term is now, or may in the future be, defined under federal law);
(6) Long distance, inter-exchange and inter-LATA services, which may include MTS, WATS, 8oo, operator services, directory assistance and travel card services;
(7) Private line point to point service for end users of voice and data transmission; non-entertainment video, videoconferencing, or point to point private line service; and
(8) Any other intrastate or interstate telecommunication services which the PSC or the FCC has authorized, or services provided by radio common carrier.
TELECOMMUNICATIONS SYSTEM. All fiber optics, wires, cables, ducts, conduits, vaults, poles, towers, support structures, anchors, nodes, antennas, cabinets, fixtures, transformers, equipment and apparatus and apparatus and other necessary facilities owned or used by grantee for the purpose of providing telecommunications service and located in, above or below the streets.
TOWER. Any structure in the rights-of-way built for the sole or primary purpose of supporting a wireless facility. A TOWER does not include a pole or a support structure.
TRANSFER. Any sale, lease, mortgage, assignment, merger or other form of transfer of the grantee, or of the rights and privileges granted or authorized by this chapter or any franchise granted pursuant to this chapter.
WIRELESS FACILITY. A telecommunications system that enables wireless services, but does not include: (i) the support structure, tower, or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic or other cabling that is between telecommunications system or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one example of a wireless facility.
WIRELESS SERVICES. Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.
(Ord. 22-08, passed 4-12-22)