For purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words SHALL and WILL are mandatory, and MAY is permissive. Words not defined shall be given their common and ordinary meaning.
AFFILIATED PERSON. Each person who has, directly or indirectly, a controlling interest in an operator, infrastructure provider, reseller, or system lessee, and/or each person in which an operator, infrastructure provider, or reseller has, directly or indirectly, a controlling interest; provided, however, that AFFILIATED PERSON shall in no event mean the city.
APPLICATION. The process by which a provider submits a request and indicates a desire to be granted a franchise or license to utilize the rights-of-way of all, or a part, of the city. An APPLICATION includes all written documentation, verbal statements, and representations, in whatever form or forum made by a provider, to the city concerning: the construction of a telecommunications system or open video system over, under, on, or through the public rights-of-way; the telecommunications services or open video services proposed to be provided in the city by a provider; the area proposed to be served within the city by a provider; the portion of the public rights-of-way proposed to be used by a provider; the manner in which services are to be provided to consumers; the rates to be charged for services provided through a proposed system; and any other matter pertaining to a proposed system or service.
CHAPTER or TELECOMMUNICATIONS ORDINANCE. The telecommunications chapter concerning the granting of franchises and licenses in, and by, the city for the construction, ownership, operation, or maintenance of a telecommunications system open video system.
CITY. The City of West Haven, Utah, or any board, bureau, authority, agency, commission, department, or any other entity of the city, or any authorized officer, official, employee, or agent thereof, including individual volunteers or volunteer boards or commissions, or any successors thereto.
COMPLETION DATE. The date that a provider begins providing services to customers on the system.
CONSTRUCTION COSTS. All costs of constructing a system, including make-ready costs, other than engineering fees, attorney’s or accountant’s fees, or other consulting fees.
CONSTRUCTION STANDARDS. The telecommunications construction standards of the city.
CONTROL or CONTROLLING INTEREST. Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of CONTROL or a CONTROLLING INTEREST shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than 5% of any provider (which person, or group of persons, is hereinafter referred to as CONTROLLING PERSON). CONTROL or CONTROLLING INTEREST, as used herein, may be held simultaneously by more than one person, or group of persons.
DARK FIBER. Fiber optic telecommunications cables or lines not currently dedicated to transmit or receive information.
FCC. The Federal Communications Commission, or any successor thereto.
FIBER. Fiber optic telecommunications cable, wire, coaxial cable, or other transmission medium that may be used in lieu thereof for similar purposes.
FRANCHISE. The rights and obligations extended by the city to a provider to own, lease, construct, maintain, or operate a system in the rights-of-way within the boundaries of the city for the purpose of providing services in the city. Any such authorization, in whatever form granted, shall not mean or include:
(1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city; and
(2) Any permit, agreement, or authorization required in connection with operations on public streets or property, including, without limitation, permits and agreements for placing devices on, or in, poles, conduits, or other structures, whether owned by the city or a private entity, or for excavating or performing other work in, or along, public rights-of-away.
FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.
FRANCHISE AREA or LICENSE AREA. The area served by the franchisee or licensee, and described in a franchise agreement or license.
GROSS REVENUE. All revenue received, directly or indirectly, by a franchisee or by any affiliated person from, or in connection with, any telecommunications services or open video services that originate in, and/or terminate in, or transit the city, including revenue derived from the sale or lease of equipment and/or facilities provided by a franchisee or any affiliated person if such facilities and/or equipment are required for, and integrated with, the services provided by the franchisee, and any revenue derived from interconnecting telecommunications service providers for services provided by the franchisee; provided, however, that GROSS REVENUE shall not include taxes collected to pay to legitimate taxing authorities; and, provided further, that a franchisee may deduct from its gross revenues, revenues received from a reseller/lessee or reseller that submits a certification stating that it has paid the fees it owes the city for the applicable reporting period.
INFRASTRUCTURE PROVIDER. A person providing to another, for the purpose of providing communications services to customers, all or part of the necessary physical plant, including fiber, which uses the rights-of-way.
INITIAL SYSTEM. The system depicted in Exhibit A to the franchise.
LICENSE. The rights and obligations extended by the city to a provider to own, construct, maintain, lease, or operate a system in the rights-of-way within the boundaries of the city for the sole purpose of providing services to persons or areas outside the city. Any such authorization, in whatever form granted, shall not mean or include:
(1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city; or
(2) Any permit, agreement, or authorization required in connection with operations on public streets or property, including, without limitation, permits and agreements for placing devices on, or in, poles, conduits, or other structures, whether owned by the city or a private entity, or for excavating or performing other work in, or along, public rights-of-way.
OPEN VIDEO SERVICE. Any video programming services provided to any person through the use of rights-of-way by a provider that is certified by the FCC to operate an open video system pursuant to §§ 651 et seq. of the Telecommunications Act (47 U.S.C. §§ 571 et seq.), regardless of the facilities used.
OPEN VIDEO SYSTEM. The system of cables, wires, lines, towers, wave guides, optic fibers, microwaves, laser beams, and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying, or distributing open video services to, or from, subscribers or locations within the city.
OPERATOR. Any person who provides service over a communications transmission system and directly, or through one or more affiliates, owns a significant interest in such facility, or who otherwise controls, or is responsible for, the operation of such a system.
PERSON. Any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the city.
PROVIDER. An operator, infrastructure provider, reseller, or system lessee.
RESELLER. Any person that provides service over a facility for which a separate charge is made, where that person does not own or lease the underlying facility used for the transmission.
RIGHTS-OF-WAY. The surface of, and the space above and below, any public street, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as such within the city.
SERVICE or TELECOMMUNICATIONS SERVICE(S). Any telecommunications services provided by a provider within the city that the provider is authorized to provide under federal, state, and local law, and any equipment and/or facilities required for, and integrated with, the services provided within the city, except that these terms do not include “cable service” as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. §§ 521 et seq.), and the Telecommunications Act of 1996 (being Pub. Law No. 104-104).
SIGNAL. Any transmission or reception of electronic, electrical, light, or laser or radio frequency energy, or optical information in either analog or digital format.
SYSTEM. The open video system or wired communications system constructed, operated, or maintained by any provider in the city, including, without limitation, all real property and interests in real property, all tangible and intangible personal property, buildings, offices, furniture, customer lists, cables, wires, optical fibers, amplifiers, and all other electronic devices, equipment, and facilities used in connection therewith and all rights, contracts and understandings with regard to any matter related thereto, and described in Exhibit A.
SYSTEM LESSEE. Any person that leases a facility or a specific portion of a facility to provide services.
TELECOMMUNICATIONS. The transmission between, or among, points specified by the user, of information of the user’s choosing (for example, data, video, and voice), without change in the form or content of the information sent and received.
TELECOMMUNICATIONS FACILITIES or FACILITIES. All conduits, manholes, poles, antennas, transceivers, cables (including fiber optic cables) and appurtenances owned by a provider, located in the streets, utility easements, public property, rights-of-way, and air space over rights-of-way, and utilized in the provision of services, including fully-digital or analog, voice, data, and video imaging and other enhanced telecommunications services.
WIRED COMMUNICATIONS TRANSMISSION SYSTEM or WIRED COMMUNICATIONS SYSTEM. A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed and used for the transmission of video, voice, or data signals, which facility occupies public streets, alleys, or rights-of-way, or other public places within the city, other than cable communications systems, wireless communications systems, and open video systems.
(Prior Code, § 13.09.020) (Ord. 10-98, passed 5-20-1998)