As used in this chapter, the following terms shall have the
meanings indicated:
COMMUNICATIONS SYSTEM
A fiber-optic cable system for the transmission and distribution
of communication signals, including any conduit, fiber-optic cable,
splicing boxes, surface markers or other facilities located within
the public right-of-way.
CUSTOMER
Any person who purchases any services provided by a communications
system.
GROSS REVENUES
All receipts collected by a licensee for all communications
and communications-related operations and services within the City.
Gross revenue includes, but is not limited to, revenue from the sale
or lease of customer's premises, equipment, installation charges,
access charges paid to the licensee by other communications systems
or carriers, sales and occupation surcharges to customers, and the
lease or resale of lines or circuit paths to third parties.
LICENSEE
The person who is issued a license in accordance with the
provisions of this chapter.
PUBLIC RIGHT OF WAY
Any public street, highway, avenue, alley, bridge or sidewalk
within the City.
No person may construct a fiber-optic system in any public right-of-way,
in any easement granted to a third party within any public right-of-way,
or within any existing conduit or structure within any public right-of-way
without first obtaining a license pursuant to this chapter.
Upon 90 days' notice from the City, the licensee shall
protect, support or temporarily or permanently disconnect/relocate
within the same or other public right-of-way, or remove any of its
system when required to do so by the City because of street or other
public excavation, construction, repair, grading, traffic conditions,
installation of sewers, drains, water pipes or City-owned power or
signal lines; vacation or relocation of public right-of-way; installation
or construction of any other structure by the City or any other public
agency or any improvement which promotes the public health, safety
or welfare.