For purposes of this chapter, the following terms, phrases, and their derivations shall have the meanings given below unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
(a) “Right of way” means the surface of in the space above and below any public street, sidewalk, road, alley or highway including under or along bridges or viaducts or any other public way of rights of way of any type whatsoever within the Village.
(b) “Telecommunications Services” shall mean voice, video, data transmission, or any other means of transmission over any telecommunications system, the lease of the system to third parties, or any other access or private line service. Telecommunications Services does not mean a cable television system as defined by Section 602 of the Cable Communications Policy Act of 1934, but does include other means of video delivery which are not cable television systems.
(c) “Telecommunications System” means all plant and the necessary facilities and other property owned, used or leased by the Grantee for purposes of providing Telecommunications Services in the Village including but not limited to any cable, fiber, apparatus or auxiliary equipment for the purposes as enumerated in subsection (b) hereof.
(d) “Conduit facility” means any structure or section thereof containing one or more inter ducts, conduits, manholes, hand holes or other such facilities used by Grantee pursuant to this agreement.
(e) “Inter duct” means a single enclosed duct for a conductor's optical fiber wire or other Cable.
(f) “Gross Revenue” means all payments or things of value derived from the provision of telecommunications services with the Village as defined in this Agreement or gross revenues derived from any other service generated by the Grantee using the rights of way.
(g) “Grantee” means any party, entity, corporation or partnership which contracts with the Village for the providing of Telecommunications Services in the building of a Telecommunications System as provided in these definitions.
(Ord. 17-1997. Passed 5-15-97.)