Whenever used in this article, the following terms, as well as their singular, plural, and possessive forms, shall have the following definitions and meanings, unless the context of the sentence in which they are used indicates otherwise:
Cable servicemeans cable service as defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C.A. section
522 et seq.
Certificated telecommunications provider or CTPmeans a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the public utility commission to offer local exchange telephone service.
Districtmeans any district or authority created by authority of either Texas Constitution, article III, section
52(b)(1)–
(2), or article XVI, section 59.
Facilitiesmeans any and all of the duct spaces, manholes, lines, wires, fibers, poles, conduits, underground and overhead passageways, and other equipment, structures, plant and appurtenances, and all associated transmission media placed in, on, over or under the public rights-of-way, including wires, cables and pipelines.
Granteemeans a person that the village has expressly granted the authority to use, occupy and construct facilities within the village’s public rights-of-way pursuant to a duly enacted franchise ordinance. The term also includes certificated telecommunications providers, districts, and water supply corporations.
Personmeans a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, cooperative, utility, public utility, retail public utility, district, water supply corporation, political subdivision and other such entity.
Public rights-of-way or rights-of-waymeans the area on, below, above or adjacent to a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement, in which the village has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.
Public utilitymeans a public utility as that term is used in the Public Utility Regulatory Act of 1995, Texas Utilities Code, section
11.004, including municipally owned and/or operated utilities.
Telecommunications servicemeans the rent, sale or lease of plant, equipment, facilities, or other property for the transmission 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 (inter-LATA and intra-LATA toll transmissions).
Use and occupancymeans installation, construction, reconstruction, maintenance, or repair of any facilities in, over, under, along, through or across the public rights-of-way for any purpose whatsoever.
Village councilmeans the governing body (i.e., the “city council”) of the village.
Water supply corporationmeans a nonprofit water supply or sewer service corporation created or operating under Texas Water Code chapter
67.
(Ordinance 2001-16, sec. I(B), adopted 4/9/01; Ordinance adopting Code)