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For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory, and "may" is permissive. Words not defined herein or in the Arizona Public Service Law, A.R.S. sec. 40-201, et seq. or the Federal Communications Act of 1934, as amended, U.S. Code, Title 47, Chapter 5, shall be given their generally accepted meaning in the telecommunications industry.
Applicant means a person, as defined in this section, who submits a written response to the city's request for proposals to provide competitive telecommunications service to the city.
City is the city of Tucson, a municipal corporation of the State of Arizona.
Competitive telecommunications service means the provision of long distance competitive access and/or any telecommunications service where customers of the service within the city have or are likely to have reasonably available alternatives, as determined by the mayor and council after public notice and opportunity to comment, or when so classified by the Arizona Corporation Commission by rule or order duly adopted and published.
Competitive telecommunications service does not include cable service, as defined in Section 602(6) of the Federal Cable Act, or the distribution of video programming directly to one or more of a multiplicity of subscribers to a cable system as defined in Section 602(7) of such federal act, 47 U.S.C. Sections 522(6), (7) which is subject to local governmental regulation under the Act.
Core system means that portion of the licensee's/franchisee's system as shown in the license/franchise agreement which constitutes the initial operating system of the licensee/franchisee.
FCC means the Federal Communications Commission or any legally designated successor.
Franchise means a grant of authority to a telecommunications company to place facilities in the public streets and other municipally owned rights-of-way pursuant to Section 7B-14 hereof for the purpose of providing competitive telecommunications services.
Gross annual revenues means all cash, credits, property of any kind or nature, or other consideration received directly or indirectly by the licensee or franchisee, its affiliates, subsidiaries, parent and any person in which the licensee or franchisee has a financial interest, arising from or attributable to the sale or exchange of long distance competitive access or competitive telecommunications services by the licensee within the city or in any way derived from the operation of its system, including, but not limited to:
(1) All telecommunications service revenues charged on a flat rate basis;
(2) All telecommunications services charged on a usage sensitive or mileage basis;
(3) All revenues from installation service charges;
(4) All revenues from connection or disconnection fees;
(5) All revenues from penalties or charges to customers for checks returned from banks, net of bank costs paid;
(6) All revenues from equipment sold or rented to customer upon customer premises;
(7) All revenues from local and long distance full rate service;
(8) All revenues from authorized rental of conduit space;
(9) All revenues from charges for access to local and long distance networks;
(10) All revenues from any leases or subleases of any portion of licensee/franchisee's network, including plant, facilities, or capacity leased to others for any other purpose;
(11) All other revenues collected by licensee/franchisee from business pursued within the city; and
(12) All recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts.
This sum shall be the basis for computing the fee imposed pursuant to section 7B-26 ("License Fee").
License means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling the license holder to provide long distance competitive access or competitive telecommunications services.
Licensee means a person who, in accordance with the provisions of this chapter and the city's request for proposals, executes a license agreement with the city for the nonexclusive privilege to provide long distance competitive access service in the city.
Long distance competitive access service means the instantaneous transmission for hire of voice or data signals by digital high speed fiber optic transmission capacity to carry interstate voice and data signals only to (a) carry interexchange carrier traffic between interexchange carrier points of presence, or (b) to connect customer locations to interexchange carrier points of presence.
Mayor and council means the governing body of the city. They are the licensing and franchising authority.
Person includes any individual, partnership, association, corporation, legal entity or organization of any kind. Whenever used in any clause prescribing a penalty, the term "person" as applied to partnerships or associations includes partners or members thereof, and if applied to corporations, the officers thereof.
Proposal means an applicant's formal written response to the city's request for proposals to provide long distance competitive services or telecommunications service to the city, pursuant to this chapter. Upon award by the city of a license or franchise, the proposal shall become part of the license or franchise agreement.
Street means the surface, the air space above the surface and the area below the surface of any public streets, roadways, highways, avenues, lanes, alleys, courts, places, curbs, sidewalks, easements, rights-of-way, or other public ways in the city which have been or may hereafter be dedicated to or otherwise acquired by the city.
Telecommunications company means any person providing long distance competitive access or competitive telecommunication services as a public service corporation, as defined in the Arizona Constitution, Article 15, Section 2, that provides telecommunications services in the public rights-of-way of the city.
Telecommunications service means any transmission of interactive switched and non- switched signs, signals, writing, images, sounds, messages, data or other information of any nature by wire, radio lightwave, or any other electromagnetic means (including access services), which originate or terminate in the city and are offered to or for the public, or some portion thereof, for compensation.
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 1, 7-10-95)