The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means:
Each access line consisting of provider's transmission media that are located between the end user customer's premises network interface within the city and the provider's local serving facilities (these serving facilities include central office facilities, distribution frame facilities, or other similar facilities) and that allow delivery of telecommunication services within the city; and
Each termination point within the city of a non-switched telephone circuit consisting of provider'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.
means a person who controls, is controlled by, or is under common control with a provider. The term "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 at least 25 percent of the affiliate's stock or assets.
as used in section 44-44(b), means the corporate limits of the city.
means the City of Harlingen, Texas. As used throughout, the term "city" also includes the designated agent of the city.
means 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.
means the director of finance of the city or the director's designee.
means 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.
means a monthly fee that is assessed on each access line owned by the provider and that is paid by the provider to the city as compensation for the use and occupancy of the rights-of-way.
means the individual agreement entered into by and between the city and individual providers under this article governing the provider's use of the rights-of-way and the payment of compensation.
means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
means all present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards, drives, bridges, tunnels, easements or similar property in the city limits in which the city holds a property interest or exercises rights of management or control.
means a person or entity that holds a service provider certificate of authority issued by the Texas Public Utilities Commission.
means all facilities placed in the rights-of-way and used to provide telecommunications services to the public.
means all 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. The term "telecommunications services" 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). The term "telecommunications services" includes all communications services capable of being provided over a telephone system and permitted to telecommunications providers under the Public Utility Regulatory Act (Texas Utilities Code § 11.001 et seq.) 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.
means 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.
means the provider's acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, along, through or across the rights-of-way for any purpose whatever.
(Code 1997, § 120.03; Ordinance 97-52, adopted 9/19/1997)