Whenever used in this article, the following terms, as well as their singulars, plurals and possessives, shall have the following definitions and meanings, unless the context of the sentence in which they are used indicates otherwise:
Access line.(1) Each access line consisting of the grantee’s transmission media that connect to the end user customer’s premises network interface within the city and the grantee’s local serving facilities (these serving facilities include central office facilities, distribution frame facilities or other similar facilities) and allowing delivery of telecommunications services within the city; and
(2) Each termination point or points within the city of a non-switched telephone circuit consisting of the grantee’s transmission media dedicated for use between specific locations identified by an end user customer.
Interoffice-transport and other transmission media that do not terminate at an end user customer’s network interface device are not access lines that would be separately identified and counted for the purposes of assessing the monthly line fee. |
Cable Act.The Cable Communications Policy Act of 1984, 47 U.S.C. section
532 et seq., as now and hereafter amended.
Cable operator.A person providing or offering to provide cable service within the city as that term is defined in the Cable Act.
Cable service.“Cable service” as defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. section
532 et seq.
Direction of the city.All ordinances, laws, rules, and regulations of the city that are not inconsistent with this article and that are now in force or may hereafter be passed and adopted.
Facilities.Any and all of the grantee’s duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures, plant, and appurtenances and all associated transmission media.
FCC or Federal Communication Commission.The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Grantee.The person to whom or for which a municipal consent is granted under this article, and the lawful successor, transferee, or assignee of said person.
Line fee.A monthly fee assessed on each access line owned by the grantee and paid by the grantee to the city as compensation for the use and occupancy of the rights-of-way.
Municipal consent.The individual agreement between the city and an individual grantee, as expressed in an ordinance of the governing body, whereby the city grants the right to a grantee, who serves or wants to serve customers within the city, to use and occupy the rights-of-way for the acquisition, installation, maintenance, repair, construction, reconstruction and/or operation of telecommunications facilities.
Person.A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
Private line service.A non-switched telephone circuit dedicated for use between specific locations identified by an end-user customer.
Public utility.A public utility as that term is used in the Public Utility Regulatory Act of 1995, V.T.C.A., Utilities Code, section
11.004, including municipally owned and/or operated utilities.
Rights-of-way.All present and future public streets, avenues, highways, alleys, sidewalks, boulevards, drives, tunnels, easements, bridges, and other such similar passageways, thoroughfares, and public ways.
Telecommunication provider.Every person who provides telecommunications service over telecommunication facilities without any ownership or management control of the facilities.
Telecommunications service.The providing or offering for rent, sale or lease, whether in exchange for money or other value, of the transmittal of or of plant, equipment, facilities, or other property for the transmittal of voice, data, images, graphics and other communications between or among points by wire, fiber optics, or other similar facilities, but does not include the provision to the public of any “wireless service,” as defined by law, and does not include long distance transmissions (interLATA and intraLATA toll transmissions). Notwithstanding this definition, however, a grantee is not authorized to provide cable service as a cable operator in the city under this article, but must first obtain a franchise from the city for that purpose, under such terms and conditions as may be required or authorized by law.
Transmission media.Any and all of the grantee’s cables, fibers, wires or other physical devices used to provide telecommunications services and to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes.
Uncollectible fee.Any line fee passed on by the grantee and charged by the grantee to an end user customer that has not been paid after the grantee has undertaken all reasonable efforts to collect the passed-through line fee.
Use.The grantee’s acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the rights-of-way for any purpose whatsoever.
(Ordinance 98-01-19-1, sec. 2.0, adopted 1/19/98)