For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS LINE. A unit of measurement representing:
(1) Each switched transmission path of the transmission media within the public rights-of-way extended to the end-user customer’s network interface within the city that allows delivery of telecommunications service;
(2) Each separate transmission path of the transmission media within the city’s public rights-of-way that terminates at an end user customer’s network interface of each loop provided as an unbundled network element to a person pursuant to an agreement under § 252 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 252); or
(3) Each termination point of a non-switched telephone or other circuit consisting of transmission media connecting specific locations identified by, and provided to, the end-user for the delivery of non-switched telecommunications service within the city.
ACCESS LINE FEE. The amount in § 52.11 of this chapter to be applied to each access line on a monthly basis for the calculation of the total amount to be paid to the city by the provider and/or by any other person using the facilities of provider for the creation of telecommunications service to which this chapter applies.
AFFILIATE. A person who controls, is controlled by or is under common control with a provider. AFFILIATE does not include a person who serves end use customers by means of a wireless transmission. There is a rebuttable presumption of control if a provider owns 25% or more of the affiliate’s stock or assets.
CERTIFICATED TELECOMMUNICATIONS UTILITY. Any entity that has been granted or applied for a certificate under Tex. Tax Utilities Code Ch. 54 or other successor authorizing certificate to provide local exchange telephone service.
CITY. The City of Texas City, Texas. As used throughout, the term CITY also includes the designated agent of the city.
DIRECTION OF THE CITY. All lawful ordinances, laws, rules, resolutions and regulations of the city that are not inconsistent with this chapter and that are now in force or may hereafter be passed and adopted.
FACILITIES. Any and all of the provider’s duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated transmission media.
MUNICIPAL CONSENT. The individual grant to use the public rights-of-way issued by the city and accepted by the individual providers under this chapter governing the provider’s use of the public rights-of-way and the payment of compensation.
PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
PROVIDER. A person, including any certificated telecommunications utility, that delivers telecommunications service within the city to person(s) by way of a network, and that places facilities in, on or over the public rights-of-way. A PROVIDER does not include persons who are authorized by the city to occupy the public rights-of-way in specifically approved routes within the city, unless they also have a municipal consent under this chapter. To the extent allowed by law, PROVIDER also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way.
PUBLIC RIGHTS-OF-WAY. All present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards, drives, tunnels, easements or similar property in the city limits in which the city holds a property interest or exercises rights of management or control.
PUBLIC WORKS DIRECTOR. The mayor of the city or the City Manager, if applicable.
TELECOMMUNICATIONS NETWORK or NETWORK. All facilities placed in the public rights-of-way and used to provide telecommunications service to the public.
TELECOMMUNICATIONS SERVICE. The providing or offering to provide transmissions between or among points identified by the user, of information of the user’s choosing, including voice, video or data, without change in content of the information as sent and received, if the transmissions are accomplished through a telecommunications network. TELECOMMUNICATIONS SERVICE includes ancillary or adjunct switching services and signal conversions rendered as a function of underlying transmission services, but excludes long distance transmissions (inter-LATA (local access transport area) and intra-LATA toll transmissions). TELECOMMUNICATIONS SERVICE includes all communications services capable of being provided over a telephone system and certificated to telecommunications providers under the Tex. Utilities Code Title 2, Public Utility Regulatory Act, as amended, and Title II of the Communications Act of 1934, as amended, expressly excluding cable services or open video systems, as defined in Title VI of the Communications Act of 1934, as amended. Also excluded are wireless services, as defined by law.
TRANSMISSION MEDIA. Any and all of the provider’s cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristic, and whether for voice, data or other purposes.
(1998 Code, § 122-174) (Ord. 99-15, passed 4-7-1999)