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.
ABANDONED
Any equipment materials, apparatuses, devices, or Facilities
that are:
A.
Declared abandoned by the owner of such equipment or Facilities;
B.
No longer in active use and the owner of such equipment or Facilities
fails to respond within 30 days to a written notice sent by the City;
or
C.
As otherwise may be defined by applicable law.
ABOVE-GROUND FACILITIES
Any Facilities located above the surface of the ground, including
the underground supports and foundations for such Facilities.
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.
APPLICANT
Any Person applying for a ROW Use Agreement, Franchise, License,
or any permit or other authorization to install, maintain, repair
or otherwise physically access Facilities in the ROW.
CITY
The City of Moscow Mills, Missouri.
COMMUNICATIONS SERVICE
The transmission via Facilities, in whole or in part, of
any writing, 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 (Communications Facilities), 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,
which if proposed must be expressly separately requested below.
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.
EXCESS CAPACITY
The remaining volume or capacity in any existing or future
duct, conduit, manhole, handhold or other Facility, including dark
fiber, in the ROW that is used, or authorized by the ROW User to be
used, by others.
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.
FACILITIES or FACILITY
Any equipment, installation, 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 lawful vehicular parking
or use or lawful minor incidental uses such as mailboxes, driveway
aprons, private utility connections or other incidental Facilities
which may be permitted by license issued by the Director as provided
herein.
FCC
The Federal Communications Commission.
FRANCHISE
The rights and obligations extended by the City to 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 within the City's
limits and boundaries.
LICENSE
The rights and obligations extended by the City to a Person
to use and occupy the Rights-of-Way for the purpose of installing
temporary Facilities in the Rights-of-Way or incidental uses such
as ingress and egress facilities, lateral utility lines, mailboxes
or driveway aprons.
PERMIT
An Excavation Permit or a Facilities Maintenance Permit.
PERSON
Any corporation, partnership, proprietorship, individual,
organization, governmental entity or any natural person.
PSC
The Missouri Public Service Commission.
RESELLER SERVICE PROVIDER
A Person does not have its own Facilities in the Rights-of-Way,
but instead uses the Rights-of-Way by interconnecting with or using
the network elements of another ROW User utilizing the Rights-of-Way,
and/or by leasing Excess Capacity from an entity having Facilities
in the Rights-of-Way.
RIGHTS-OF-WAY or ROW
The area on, below, or above a public roadway, highway, street
or alleyway in which the City has an ownership interest or right of
management, and including such adjacent areas within such public ways
within such City control, except as may be limited herein or by law.
RIGHTS-OF-WAY USE AGREEMENT or ROW USE AGREEMENT
The rights and obligations extended by the City to a Person
occupy the ROW for the purpose of providing any form of Communications
Service to any Person or area within the City's limits and boundaries,
or any other Person desiring to use the ROW for which a Franchise
or License is not applicable, subject to the regulations and requirements
herein.
ROW USER
All Persons and entities, 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. A ROW User shall not include Reseller Service
Provider.
UNDERGROUND FACILITIES
All Facilities located under the surface of the ground, excluding
the underground foundations or supports for Above-ground Facilities.
In addition to any rights specifically reserved to the City
by this chapter, the City reserves unto itself every right and power
which is required to be reserved by a provision of any ordinance under
any registration, Permit, or other authorization granted under this
chapter, and as may be authorized by Chapter 67, RSMo., and other
authority applicable to regulation of the use of the Rights-of-Way.
Notwithstanding anything to the contrary set forth herein, the provisions
of this chapter shall not infringe upon the rights of any Person pursuant
to any applicable state or federal statutes, including, but not limited
to any right that may exist to occupy the Rights-of-Way.