In this chapter:
Access linemeans a unit of measurement representing: (1) each switched transmission path of the Transmission Media within the public rights-of-way extended to the end-user customer’s network interface within the city that allows delivery of telecommunications service; (2) each separate transmission path of the transmission media within the city’s public rights-of-way that terminates at an end user customer’s network interface of each loop provided as an unbundled network element to a person pursuant to an agreement under Section 252 of the Federal Telecommunications Act of 1996 (47 U.S.C. §
252); or (3) each termination point of a non-switched telephone or other circuit consisting of transmission media connecting specific locations identified by, and provided to, the end-user for the delivery of non-switched telecommunications service within the city.
Access line feemeans the amount in section
80-11 to be applied to each access line on a monthly basis for the calculation of the total amount to be paid to the city by the provider and/or any person using the facilities of provider for the creation of telecommunications service.
Affiliatemeans a person who controls, is controlled by, or is under common control with a provider. Affiliate does not include a person who serves end use customers by means of a wireless transmission. There is a rebuttable presumption of control if a provider owns 25 percent or more of the affiliate’s stock or assets.
Certificated telecommunications utilitymeans any entity that has been granted or applied for a certificate under Chapter
54 of Texas Utilities Code or other successor-authorizing certificate to provide local exchange telephone service.
Citymeans the City of Euless, Texas. As used throughout, the term “city” also includes the designated agent of the city.
City managermeans the city manager of the city or the city manager’s designee.
Direction of the citymeans all ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this chapter and that are now in force or may hereafter be passed and adopted.
Facilitiesmeans any and all of the provider’s duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated transmission media.
Municipal consentmeans the individual grant to use the public rights-of-way issued by the city and accepted by the individual providers under this chapter governing the provider’s use of the public rights-of-way and the payment of compensation.
Personmeans a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
Providermeans a person, including any certified telecommunications utility, that delivers telecommunications service within the city to person(s) by way of a network, and that places facilities in, on or over the public rights-of-way. A provider does not include persons who are authorized by the city to occupy the public rights-of-way in specifically approved routes within the city, unless they also have a municipal consent under this chapter. To the extent allowed by law, provider also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way.
Public rights-of-waymeans all present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards, drives, tunnels, easements or similar property in the city limits in which the city holds a property interest or exercises rights of management or control.
Telecommunications servicemeans the providing or offering to provide transmissions between or among points identified by the user, of information of the user’s choosing, including voice, video or data, without change in content of the information as sent and received, if the transmissions are accomplished through a telecommunications network. Telecommunications service include ancillary or adjunct switching services and signal conversions rendered as a function of underlying transmission services, but excludes long distance transmissions (inter-LATA [Local Access Transport Area] and intra-LATA toll transmissions). Telecommunications service includes all communications services capable of being provided over a telephone system and certificated to telecommunications providers under the Texas Utilities Code, Title
2, Public Utility Regulatory Act, as amended, and Title II of the Communications Act of 1934, as amended, expressly excluding cable services or open video systems as defined in Title VI of the Communications Act of 1934, as amended. Also excluded are “wireless services” as defined by law.
Transmission mediameans any and all of the provider’s cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristic, and whether for voice, data or other purposes.
(Ordinance 1366, § 1(Exh. A), 6-22-99)