Definitions. The following terms shall have the following meanings
unless otherwise defined by context:
ABANDONED FACILITIES
Any equipment materials, apparatuses, devices, or Facilities
that are:
1.
Declared abandoned by the owner of such equipment or Facilities;
2.
No longer in active use for a period of six (6) months or more,
and the owner of such equipment or Facilities fails to respond within
thirty (30) days to a written notice sent by the City;
3.
The owner allows a Franchise, ROW Use Agreement, or License
to expire and fails to cure within thirty (30) days after notice;
or
4.
As otherwise may be defined by applicable law.
ANTENNA
Any device that transmits and/or receives electromagnetic
wireless radio waves or signals for voice, data, or video communications
purposes, including, but not limited to, television, text, AM/FM radio,
microwave, cellular telephone, Communications Service, or otherwise.
CITY FACILITIES
Any Facilities located within the public rights-of-way and
owned by the City.
COMMUNICATIONS SERVICE
The transmission via Facilities, in whole or in part, of
any writings, signs, signals, pictures, sounds, or other forms of
intelligence through wire, wireless, or other means, including, but
not limited to, any telecommunications service, enhanced service,
information service, or internet service, as such terms are now, or
may in the future be, defined under applicable law, and including
all instrumentalities, Facilities, apparatus, and services (among
other things, the receipt, forwarding, and delivery of telecommunications)
incidental to such transmission or designed to directly or indirectly
facilitate or accept such transmission and shall also include "video
services" as defined in Section 67.2677, RSMo. The term "Communications
Service" does not include the rental of conduit or physical Facilities.
DIRECTOR
The City's City Engineer, Public Works Director, or
such other person designated to administer and enforce this Chapter.
EXCAVATION PERMIT
A permit authorizing Excavation for the construction or installation
of Facilities in the City's Rights-of-Way.
EXCAVATION, EXCAVATING, or EXCAVATE
Any act by which earth, asphalt, concrete, sand, gravel,
rock, or any other material in or on the ground is cut into, dug,
uncovered, removed, or otherwise displaced, by means of any tools,
equipment, or explosives, except as excluded by applicable law.
FACILITIES
Any equipment, installation, or structure located in the Rights-of-Way, including without limitation, cables, wires, lines, poles, towers, Antenna, conduit facilities, vaults, pedestals, transmitters, meters, fiber, foundations, and any other equipment, infrastructure, structures, or obstruction. Facilities shall not include mailboxes, lawful vehicular parking or use or lawful minor incidental uses such as driveway aprons, private utility connections or other incidental Facilities which may be permitted by License issued by the Director as provided in Article
II below.
FACILITIES MAINTENANCE PERMIT
A permit issued by the City for the ROW User to provide Maintenance
to its Facilities or otherwise perform work in the ROW that does not
involve Excavation but requires physical access to the Facilities
in the ROW.
FRANCHISE
A binding and accepted ordinance for certain ROW Users to
occupy the Rights-of-Way for the purpose of providing, transporting,
or distributing electricity, gas, water, steam, lighting, energy,
or sewer service to any person or area in the City's limits and
boundaries.
LICENSE
The executed agreement between the City and a person to use
and occupy the Rights-of-Way for the purpose of installing incidental
temporary Facilities within the Rights-of-Way or incidental uses or
Facilities such as ingress and egress Facilities, lateral utility
lines, or driveway aprons.
PERSON
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
RIGHTS-OF-WAY (or "ROW") USER
All Persons whether a PSC registered utility or otherwise,
owning, controlling, leasing, maintaining, using, or installing Facilities
in the Rights-of-Way of the City, not otherwise expressly exempted.
To the extent permitted by law, ROW User shall not include the City.
RIGHTS-OF-WAY or ROW
Unless otherwise restricted herein, 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,
tunnel, parkway, waterway, public easement, or sidewalk in which the
City now or hereafter holds any interest, including management, which,
consistent with the purposes for which it was dedicated, may be used
for the purpose of installing and maintaining facilities. Rights-of-way
shall not include:
1.
City Facilities or the City's property other than ROW,
such as City-owned or operated buildings, parks, or other similar
property;
2.
Airwaves used for cellular, non-wire telecommunications, or
broadcast services;
3.
Easements obtained by ROW users on private property;
4.
Railroad rights-of-way or ground used or acquired for railroads;
or
5.
Facilities owned and used by the City for the transmission of
one (1) or more services.
RIGHTS-OF-WAY USE AGREEMENT or ROW USE AGREEMENT
A document granting consent by the City to use the ROW for
the purpose of providing Communications Service or for such other
use for which a Franchise or License is not applicable and obtained
as provided for herein.