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 switched transmission path of the transmission media within the public rights-of-way extended to the end-user customer's premises network interface within the city that allows delivery of telecommunications service;
(2) 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; and
(3) Each termination point of a non-switched telephone 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.
Cable service.As defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. section 532 et seq.
City.The City of Stanton, Texas.
Direction of the city.All ordinances, laws, rules, resolutions, 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 duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures, plant, and appurtenances and all associated transmission media used for the provision of telecommunications service.
Line fee.A monthly fee to be applied to each access line for the calculation of the total amount to be paid to the city as a rights-of-way fee.
Permit holder.Any telecommunications service provider issued a permit pursuant to the terms of this article.
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.
Public rights-of-way.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. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.
Public utility.A public utility as that term is used in the Public Utility Regulatory Act of 1995, Texas Utilities Code Ann. section 11.004, including municipally owned and/or operated utilities.
Rights-of-way fee.The total amount paid to the city on a quarterly basis for the use and occupancy of the rights-of-way.
Telecommunications service.The transmittal of voice, data, image, graphics and other communications between or among points by wire, fiber optics, or other similar facilities, as well as the rental, lease, or furnishing of the facilities to accomplish such transmittal, but does not include transmissions for long distance purposes (interLATA and intraLATA) or any "wireless service" as defined by law.
Transmission media.Any and all of the cables, fibers, wires or other physical devices owned, maintained or placed by a permit holder to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes.
Use and occupancy.A permit holder's acquisition, installation, construction, reconstruction, maintenance, repair, control, or operation of any facilities within the public rights-of-way for any purpose whatsoever.
(Ordinance 1281A adopted 8/9/1999)