(a) The purpose and intent of this Chapter is to:
(1) Manage Occupancy or Use of the Public Right-of-Way.
(2) Encourage the provision of advanced, competitive utility and telecommunications services on the widest possible basis to the businesses, institutions and residents of the City;
(3) Permit and manage reasonable access to the Public Right-of-Way of the City for utility and telecommunications service purposes on a competitively neutral basis.
(4) Conserve the limited physical capacity of the Public Right-of-Way held in trust by the City for the benefit of the public.
(5) Assure that the City receives cost recovery for the Occupancy and Use of the Public Right-of-Way in accordance with law.
(6) Assure that all Service Providers with Facilities in the Public Right-of-Way comply with the ordinances, rules and regulations of the City.
(7) Assure that the City fairly and responsibly protects the public health, safety and welfare.
(8) Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development.
(b) For the purpose of this Chapter, 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:
(1) Affiliate means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
(2) Cable Operator means a person providing or offering to provide Cable Service within the City.
(3) Cable Service means “cable service”, as defined in the Cable Communications Policy Act of 1984, codified at 47 U.S.C. §532, et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, as each might be further amended.
(4) Capital Improvement means an addition made to enhance the value or extend the useful life of an existing System or Facilities, including construction, installation, rehabilitation, renovation, improvement, enlargement and extension of Facilities, but not including ordinary or routine maintenance.
(5) City means the City of Rocky River Safety-Service Director or his designee.
(6) Emergency means an unforeseen occurrence or condition calling for immediate action.
(7) Facilities or Facility means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant equipment and other appurtenances located under, on or above the surface of the ground in the Public Right-of-Way of the City and used or to be used to operate a System to transmit, receive, distribute, provide or offer a Service but also including private system.
(8) New Service Orders means the connection from the Public Service Provider's existing Facilities on private property for the purpose of providing a new Service to a customer in the City.
(9) Overhead Facilities means utility poles and wires, cables and other such equipment running between and on such poles, including the underground supports and foundations for such Facilities.
(10) Private Facility means the plant, equipment and property, including but not limited to, cables, fiber optics, wires, pipes, conduits, ducts, pedestals, antennae, electronics and other appurtenances or Facilities used or to be used to operate a system to transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no offer of service to the public.
(11) Private Service Provider means any entity who, pursuant to the approval to Occupy or Use the Public Right-of-Way pursuant to Section 913.02 of this Chapter, directly or indirectly owns, controls, operates or manages Private Facilities within the City's Public Right-of-Way used or to be used for the purpose of operating a System to transmit, receive, distribute or provide telecommunications or other services between or among private buildings or facilities where there is no offer of Service to the public.
(12) Public Easement means any easement under the jurisdiction and control of the City and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(13) Public Right-of-Way means the surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, Public Easement and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the City but excludes a private easement.
(14) Public Service Provider means any entity that, pursuant to the approval to Occupy or Use the Public Right-of-Way pursuant to Section 913.02 of this Chapter, directly or indirectly owns, controls, operates or manages Facilities within the City's Public Right-of-Way, used or to be used for the purpose of operating a System offering Service to the public within the City or outside of the City's boundaries.
(15) Service means the offering of water, sewer, electric, gas, telephone, telecommunications, cable television, information or other utility-like service for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the Facilities used.
(16) Service Provider means any Public Service Provider and/or Private Service Provider.
(17) System means a network of Facilities for the transmission and/or distribution of a Service.
(Ord. 46-18. Passed 7-23-18.)