§ 92-02  Definitions.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  When not inconsistent with the context, words used in the present tense include the future tense, 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. §§ 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.
   CABLE SERVICES AND CABLE SYSTEM shall have the same meaning as defined in City of Yuma Ordinance O95-077.
   COMMERCIAL MOBILE RADIO SERVICE.  Two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 Code of Federal Regulations Section 20.3, as amended.
   COMMUNICATIONS.  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, and includes but is not limited to telecommunications services and interstate communications services, but excludes cable and open video services. The operator of a fiber optics communication system shall be deemed to be a provider of communications services over facilities for the purposes of this chapter. Except as otherwise specifically provided for or excepted.
   FACILITIES.   The plant, equipment, and property, including but not limited to poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under highways and not owned by the city and used in the provision of communications services.
   FIBER OPTICS COMMUNICATION SYSTEM.  An interstate network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, repeaters, power sources, and other attachments and appurtenances necessary for the fiber optics communication.
   NON-FACILITIES BASED RESELLER.  Any person that provides telecommunications service over a facility located in whole or in part in the public highways but who does not own, lease, or have an indefeasible right to use the underlying facility used for the transmission, does not place any facilities in the public highway itself, and is not responsible for the operation, installation or maintenance of facilities in the public highways under any arrangement; and resells a transmission service provided by the owner of the facility.
   PERSON.  Any individual, partnership, association, corporations 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.  PERSON does not include the City of Yuma.
   PROVIDER.  All persons required to obtain a franchise or license under this chapter, all telecommunications corporations, and all communications service providers.
   PUBLIC HIGHWAY OR HIGHWAY.  All roads, streets, and alleys and all other dedicated public rights-of-way and public utility easements of the city.
   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. The term does not include commercial mobile radio services, pay phone services, or cable services.
   TELECOMMUNICATIONS CORPORATION.  Any public service corporation to the extent that it provides telecommunications services in this state.
   TELECOMMUNICATIONS SERVICES.   The offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used.
   WIRELESS SERVICES. Any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed or mobile location using wireless facilities.
(Ord. O98-02, passed 1-7-98; Ord. O99-52, passed 8-4-99; Ord. O2003-48, passed 10-15-03; Ord. O2018-019, passed 8-1-18)