For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
"Affiliate"means a person who (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person;
"Applicant"means any person or entity that applies for any authorization, franchise, lease, or permit pursuant to this chapter;
"City"means the City of Lake Stevens, Washington;
"City property"means and includes all real property owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which is not subject to right-of-way licensing and franchising as provided in this chapter;
"Council"means the City Council of the City of Lake Stevens, Washington acting in its official capacity;
"Data communication"means (1) the transmission of encoded information or (2) the transmission of data from one point to another;
"Dwelling units"means residential living facilities as distinguished from temporary lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes, extended care facilities and other multiple-family residential units;
"Emergency"means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars;
"Excess capacity"means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities;
"Fiber optics"means the technology of guiding and projecting light for use as a communications medium;
"Franchise"shall mean the initial authorization, grant, or renewal thereof, approved by an ordinance of the City, which authorizes the franchisee to construct, install, operate, or maintain telecommunications facilities in, under, over, or across public ways of the City and to also provide telecommunications service to persons or areas in the City;
"Franchisee"means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the Council under this chapter and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in this chapter;
"Operator"means the person, firm or corporation to whom a franchise is granted pursuant to the provisions of this chapter;
"Other ways"means the highways, streets, alleys, utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City;
"Overhead facilities"means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities;
"Person"means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers;
"Property of franchisee"means all property owned, installed or used by a franchisee in the conduct of its business in the City under the authority of a franchise granted pursuant to this chapter;
"Public street"means any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes;
"Public way"means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities;
"State"means the State of Washington;
"Surplus space"means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the Federal or State orders and regulations, to allow its use by a telecommunications carrier for a pole attachment;
"Telecommunications carrier"means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities"means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services;
"Telecommunications provider"means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities;
"Telecommunications service"means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, but does not include cable service;
"Underground facilities"means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities;
"Universal service"means a level of and definition of telecommunications services as the term is defined by the FCC through its authority granted pursuant to Section 254 of the Act;
"Usable space"means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any Federal or State orders and regulations;
"Utility easement"means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities; and
"Utility facilities"means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services.
(Ord. 783, Sec. 1, 2008)