For the purpose of this article, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
Access linemeans:
(1) Category 1, which shall include both analog and digital residential switched access lines. It shall also include point-to-point private lines, whether residential or nonresidential, only to the extent such lines provide burglar alarm or other similar security service;
Category 2, which shall include all analog and digital nonresidential switched access lines; or
Category 3, which shall include all other point-to-point private lines, whether residential or nonresidential, not otherwise included within category 1.
Affiliatemeans a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
Cable Actshall mean the Cable Communications Policy Act of 1984, 47 U.S.C. sec.
532 et seq., as now and hereafter amended.
means a telecommunications carrier providing or offering to provide cable service within the city as that term is defined in the Cable Act.
Cable servicefor the purpose of this article shall have the same meaning provided by the Cable Act.
Certificated telecommunications providermeans a person who has been issued a certificate of convenience and necessity (CCN), certificate of operating authority (COA), or service provider certificate of operating authority (SPCOA) by the public utility commission to offer local exchange telephone service.
Citymeans the City of Lubbock.
City propertymeans and includes all real property owned by the city, other than public right-of-way as defined herein, and all property held in a proprietary capacity by the city.
Commissionmeans the public utility commission of Texas.
Excess capacitymeans the volume or capacity in any existing or future duct, conduit, manhole, hand hole or other utility facility within the public right-of-way that is or will be available for use for additional telecommunications facilities.
FCC or Federal Communications Commissionmeans the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Granteemeans the person to whom or which a telecommunications franchise is granted under this article, and the lawful successor, transferee, or assignee of said person.
Lawmeans any and all applicable laws, including, but not limited to, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104 sec. 100 Stat. 70, codified at
47 U.S.C. and subsequent amendments, and all orders, rules, tariffs, guidelines, and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto, as well as all applicable state and city law. The term “law” encompasses statutory law, administrative regulations, and case law.
means a fee set by the city to compensate the city for the use and occupancy of the public rights-of-way by a noncertificated telecommunications provider.
Overhead facilitiesmeans utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Personmeans and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.
Private line servicemeans a nonswitched telephone circuit dedicated for use between specific locations identified by an end-user customer.
Public right-of-waymeans the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest and does not include the airwaves above a right-of-way with regard to wireless telecommunications.
Public street or public roadwaymeans any highway, street, bridge, tunnel, alley, parkway or walkway for vehicular or pedestrian travel under the jurisdiction and control of the city which has been acquired, established, dedicated or devoted to purposes not inconsistent with telecommunications facilities.
PUC or public utility commission of Texasmeans the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Texas.
Statemeans the State of Texas.
Surplus spacemeans that portion of the usable space on a utility pole which has the necessary clearance from other pole users to allow its use by a telecommunications carrier for a pole attachment.
Telecommunications carriermeans and includes every telecommunications services provider that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering telecommunications service.
Telecommunications facilitiesmeans the plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, poles, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications service.
Telecommunications servicemeans the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of, or of telecommunications facilities for the transmittal of, voice, data, image, graphics and other communications between or among points by wire, fiber optics or similar facilities, but does not include the provision to the public of any service expressly found by law not to constitute a telecommunications service. Telecommunications service may be provided by both certificated telecommunications providers and noncertificated telecommunications providers.
Telecommunications services provider or providermeans and includes every person who provides telecommunications services regardless of whether certificated or not certificated by the public utility commission of Texas and regardless of whether such person owns, controls, operates or manages plant, equipment or property within the city used or to be used for the purpose of offering telecommunications service.
Underground facilitiesmeans utility facilities and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable spacemeans the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum necessary vertical clearance.
Utility easementmeans any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
Utility facilitiesmeans the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within city property or public rights-of-way and used or to be used for the purpose of providing utility or telecommunications services.
(1983 Code, sec. 26.5-52; Ordinance 10222, art. 1, sec. 2, adopted 12/9/1999)