For the purpose of this chapter the following
terms, phrases, words and their derivations 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. The word "shall" is mandatory and "may" is permissive.
Words not defined shall be given their common and ordinary meaning.
A franchise contract entered into voluntarily by the grantee,
containing the specific provisions of the franchise granted, including
referenced specifications, applications and other related material.
A franchise granted pursuant to this chapter grants the nonexclusive
rights to construct, operate and maintain a telecommunications system
along the streets, sidewalks or other public land and public rights-of-way
within all or a specified area in the city. Any such authorization,
in whatever form granted, shall not mean or include any license or
permit required for the privilege of transacting and carrying on a
business within the city as required by other ordinances and laws
of the city.
The entire city or portion of the city for which a franchise
is granted under the authority of this chapter.
A rental fee based upon the percentage, as specified by this
chapter, of the grantee's annual gross revenues from all sources derived
from operation of the telecommunications system in the city, and the
provision of telecommunication services, and service-related activities
payable in exchange for the rights granted pursuant to this chapter
and the franchise agreement.
Any natural person(s), partnership(s), domestic and foreign
corporation(s), association(s), joint venture(s) or organization(s)
of any kind which has been legally granted a franchise by the city,
and shall include the lawful successor transferee or assignee of such
grantee.
The City of Pawtucket as represented by the Mayor and City
Council, or their designees.
All receipts derived directly or indirectly by the grantee,
its affiliates, subsidiaries and any person or entity in which the
grantee has a financial interest as related to the Pawtucket Telecommunications
System from operation of the telecommunications system, providing
telecommunications services, customer premises equipment and/or provision
of any service-related activity.
Those telecommunications services provided by the grantee
beyond the local telephone service area, which do not terminate or
originate in Pawtucket.
Written notice addressed to the grantee at its principal
office or such other office as the grantee has designated to the city
as the address to which notice shall be transmitted to it. In computing
notice time, holidays recognized by the city and Saturdays and Sundays
shall be excluded.
Any real property owned by the city or any other government
entity other than public rights-of-way or streets.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge or tunnel, now or hereafter held
by the city, which shall entitle the city and the grantee to the use
thereof for the purpose of installing and maintaining the grantee's
telecommunications system. No reference herein, or in any franchise,
to the "public rights-of-ways or streets" shall be deemed to be a
representation or guarantee by the city that its title to any property
is sufficient to permit its use for such purpose, and the grantee
shall, by its use of such terms, be deemed to gain only such rights
to use property in the city as the city may have the undisputed right
and power to give.
Any activity or function associated with the distribution
or provision of telecommunications service over the telecommunications
system, including, without limitation, repair service, use of facilities
or converters, billing charges, advertising, installation, disconnects
or reconnects of service, collecting bad debts, converters or sale
of merchandise in Pawtucket.
Includes the provision of dark fiber transmission or any
electromagnetic communications, including but not limited to voice,
image, data and any other information, by means of but not limited
to wire, cable, including fiber optical cable, microwave, radio wave
or any combinations of such media and resale or leasing of any such
service. Telecommunications service includes but is not limited to
value added services, alternate operator service, telephone service
originating or terminating within the city, a pro rata share of toll
telephone service originating or terminating within the city and teletypewriter
or computer exchange service, including but not limited to residential
and business service, directory assistance, pay telephones, cellular
mobile telephone, personal communications services or telecommunication
service, specialized mobile radio, interstate services, video dial
tone service, pagers and paging service, including any form of mobile
two-way communication. The grantee shall not provide a cable system
as defined by Section 602 of the Cable Communications Policy Act of
1984 (47 U.S.C. § 522), as amended by the Telecommunications
Act of 1996.
The telecommunications system constructed for use within
the city, without limitation, includes the head end, antenna, cables,
fiber optics, wires, lines, towers, amplifiers, lasers, converters,
modems, health and property security systems, equipment or facilities
located in the public right-of-way within the corporate limits of
the city designed, constructed or wired for the purpose of producing,
receiving, amplifying and distributing by coaxial cable, fiber optics,
microwave or other means and electronic signals to and from subscribers
in the city and any other equipment or facilities located within the
corporate limits of the city intended for the use of the telecommunications
system.
The disposal by the grantee, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation or otherwise, of
10% or more at one time of the ownership or controlling interest in
the system, or 25% cumulatively over the term of the franchise of
such interests to a corporation, partnership, limited partnership,
trust or association or person or group of persons acting in concert.
