CABLE MODEM SERVICE: Offering of internet services for a fee directly to the public in accordance with rules established by the FCC.
COUNTY: Summit County, Utah.
COUNTY COUNCIL: Legislative body of Summit County.
COUNTY RIGHTS OF WAY: The surface, the airspace above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public water or public easements, or other public way within the county, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining private utilities, public utilities, and telecommunication services.
FRANCHISE: A nonexclusive initial authorization, or renewal thereof, issued by the county which authorizes the construction, maintenance or operation of a public utility, private utility, or telecommunication service system along the county right of way. A franchise shall not be construed to include any general license required for the privilege of transacting and carrying on a business within the county as may be required by other ordinances and laws of the county, or for attaching devices to poles or structures, whether owned by the county or a private entity, or for excavating or performing other work in or along the county right of way, unless otherwise provided in a grantee's franchising agreement. Franchises are classified as either Class A or Class B.
FRANCHISE AGREEMENT: A contract entered into pursuant to this chapter between the county and a grantee that sets forth, subject to this chapter, the terms and conditions under which a Class A Franchise will be granted and exercised.
GRANTEE: A natural person, domestic or foreign corporation, partnership, limited liability company, association, joint venture or organization of any kind granted a franchise by the county council, and any lawful successor thereto, or transferee or assignee thereof.
OPEN VIDEO SYSTEM (OVS): A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, that is provided to multiple customers within a community, including, but not limited to, pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS, or installed in conjunction with the OVS, the operator of which has been certified by the FCC.
PERSON: An individual, partnership, association, joint stock company, organization, corporation, joint venture, limited liability company, or any lawful successor thereto or transferee thereof, but such term does not include the county.
PRIVATE UTILITY: A utility which is not regulated by the Utah public service commission, is not a governmental entity, and is not a telecommunications service.
PUBLIC UTILITY: A utility which either is regulated by the Utah public service commission or is a governmental entity.
SMALL WIRELESS FACILITIES: A type of wireless facility which meets the requirements set forth in UCA § 54-21-101, as amended.
TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS SERVICE: Offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available directly to the public, regardless of facilities used. For purposes of this chapter, telecommunication services shall not include telephone and telegraph services. Telecommunication services shall include cable TV, OVS, wireless facilities, and small wireless facilities. Telecommunications service is differentiated from private utilities and public utilities in that they are “for profit” enterprises which are federally regulated under Title VI of the Telecommunications Act of 1934 and do not constitute a utility.
UTILITY: A business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, natural gas, water, sewer, or telephone service.
UTILITY FACILITIES: Distribution and transmission lines and related appurtenances, including underground conduits and structures.
WIRELESS FACILITIES: Equipment at a fixed location that enables wireless communication between user equipment and a communications network, as further defined in UCA § 54-21-101, as amended. (Ord. 800, 3-6-2013; amd. Ord. 800-A, 2-5-2020)