For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not defined herein shall be given the meaning set forth in the Communications Act of 1934, as amended, the Cable Act, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act. If not defined there, the words shall be given their common and ordinary meaning.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq.
CABLE SERVICE. Interpreted consistent with federal law and means the one-way transmission to subscribers of video programming or other programming service and subscriber interaction, if any, required for the selection or use of such video programming or other programming service.
CABLE SERVICE PROVIDER. Any provider of cable service. As used herein, COMMUNICATIONS PROVIDER or PROVIDER includes cable service providers.
CITY. The City of Tillamook, an Oregon municipal corporation, and individuals authorized to act on the city’s behalf.
CITY COUNCIL. The elected governing body of the City of Tillamook, Oregon
CITY PROPERTY. All real property owned by the city and all property held in a proprietary capacity by the city but does not include public rights-of-way and utility easements as defined herein.
COMMUNICATIONS FACILITIES OR FACILITIES. All plant conduit, fiber, infrastructure and other equipment and systems, other than customer-premises equipment, used or owned by any communications provider. For the purposes of this chapter, facilities used by cable service providers to provide cable service are communications facilities.
COMMUNICATIONS PROVIDER. Any provider of communications services and includes, but is not limited to: every person who directly or indirectly owns, controls, operates or manages communications facilities within the city and cable service providers. As used herein, PROVIDER includes COMMUNICATIONS PROVIDERS.
COMMUNICATIONS SERVICE(S) OR SERVICE(S). Any service provided for the purpose of transmission of information, including, but not limited to, voice, video or data, 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. COMMUNICATIONS SERVICES includes all forms of telephone services and voice, video, data or information transport and expressly includes cable service offered by a cable service provider, but does not include:
(1) Open video system service, as defined in 47 C.F.R. § 76;
(2) Private communications system services provided without using the public rights-of-way;
(3) Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; and
(4) Direct-to-home satellite service within the meaning of § 602 of the Telecommunications Act.
CONDUIT. Any structure, or portion thereof, containing one or more ducts, pipes, conduits, manholes, bolts, cables, fiber or other infrastructure used by or for any telegraph, telephone, electrical utility, conductors, cable service or dedicated transportation of data or materials.
CONSTRUCTION. Any activity in the public rights-of-way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities.
CONTROL. Actual working control in whatever manner exercised.
DAYS. Calendar days unless otherwise specified.
DUCT. A single enclosed raceway for conductors or cable.
EMERGENCY. The meaning provided for in O.R.S. 401.025.
FACILITY or FACILITIES. The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on or above the surface of the ground within the public right-of-way of the city and used or to be used for the purpose of providing utilities, cable or communications services within the city to residents or outside of the city.
FEDERAL COMMUNICATIONS COMMISSION. The federal administrative agency, or its lawful successor, authorized to regulate and oversee communications or cable service providers on a national level.
FRANCHISE or FRANCHISE AGREEMENT. An agreement between the city and a provider which grants a privilege to the provider to use public right-of-way within the city for a limited, dedicated purpose and in return for specific compensation, called a franchise fee.
FRANCHISEE. A non-breaching provider who is a party to a valid, unexpired franchise agreement with the city.
OPUC. The statutorily created state agency in the state responsible for licensing and regulation of certain communications providers as set forth in state law, or its lawful successor.
OVERHEAD FACILITIES. Utility poles, utility facilities and communications facilities above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON. An individual, corporation, company, association, joint stock company or association, firm, partnership or limited liability company.
PRIVATE COMMUNICATIONS NETWORK. A system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service, which is owned or operated exclusively by a person for their own use and not for resale, directly or indirectly. PRIVATE COMMUNICATIONS NETWORK includes services provided by the state pursuant to O.R.S. 190.240 and 283.140.
PROVIDER. Every person who directly or indirectly owns, controls, operates or manages any facilities within the city’s public rights-of-way whether or not such person provides services to city residents or outside of the city. The term PROVIDER includes, but is not limited to, providers of communications services and utility services as defined herein.
PUBLIC RIGHTS-OF-WAY or RIGHT-OF-WAY. Includes, but is not limited to: city streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and other public ways generally open to travel, including the subsurface under and air space over these ways; but does not include parks, parkland or other city property not generally open to the public for travel. This definition applies only to the extent of the city’s right, title, interest or authority to grant a franchise to occupy and use such areas. PUBLIC RIGHTS-OF-WAY or RIGHT-OF-WAY shall also include utility easements as defined below.
RIGHT-OF-WAY USE FEE. A fee imposed upon a provider for the occupation of or use of the public right-of-way under this chapter and which is based upon all the services the provider provides within the city.
STATE. The State of Oregon.
TELECOMMUNICATIONS ACT. The Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996, 47 U.S.C.§§ 151 et seq.
UNDERGROUND FACILITIES. Utility and communications facilities located under the surface of the ground, but does not include underground foundations or supports for “overhead facilities”.
UTILITY EASEMENT. Any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes. UTILITY EASEMENT does not include any easement dedicated solely for city use or facilities or any easement where the proposed use is inconsistent with the terms and conditions of the easement granted to or owned by the city.
UTILITY or UTILITY SERVICE(S). Interpreted consistently with state law and means any activity pertaining to the transmission, generation, supply or distribution of electric energy, oil or gas, water or storm water, sewage or liquid waste, or other similar products, but does not include garbage or solid waste collector services which do not use facilities within the public right-of-way.
UTILITY SERVICE PROVIDERS. A person or provider providing utility services using facilities within the public right-of-way. As used herein, PROVIDER includes utility service providers.
(Ord. 1326, passed 4-3-2017)