The City hereby declares as a legislative finding
that the rights-of-way within the City limits:
A.
Are a unique and physically limited resource;
B.
Are critical to the travel and transport of persons
and property in the City; and
C.
Are intended for public uses and must be managed and controlled consistent with that intent and, among other provisions, the provisions of MGL c. 166, §§ 21 and 22; and can be partially occupied by the telecommunications facilities to the enhancement of the health, welfare, and general economic well-being of the City and its citizens; and require adoption of the specific additional regulations established by this ordinance to promote coordination of users, maximize available space, reduce maintenance and other costs to the City and the public, and facilitate entry of a maximum number of the providers of telecommunications in the public interest.
This ordinance may be referred to and cited
as the "telecommunications rights-of-way Ordinance" of the City of
Chicopee, Massachusetts, or herein as "this ordinance".
This ordinance shall apply to telecommunications
providers only, and shall have no application to the Chicopee Municipal
Lighting Plant; nor shall it apply to other entities owning controlling
facilities within the rights-of-way, including but not limited to
electric, gas or water public utilities, or cable television system
service providers, as defined herein, that do not themselves engage
in the provision of telecommunications services. The requirements
of this ordinance shall apply to the full extent of the terms herein
and shall be limited in scope or application only to the extent as
may be required by applicable federal or Massachusetts law, including
such changes in applicable law as may be hereinafter enacted.
For purposes of this ordinance, the following
terms, phrases, words, and their derivatives shall have the meanings
set forth in this section, unless the context clearly indicates that
another meaning is intended. Words used in the present tense include
the future tense, words in the singular number include the plural
number, and words in the plural number include the singular. The words
"shall" and "will" are mandatory, and "may" is permissive. Words not
defined shall be given their common and ordinary meaning.
Each person, directly or indirectly, controlling, controlled
by, or under common control with the provider; provided that affiliate
shall in no event mean any limited partner or shareholder holding
an interest of less than 15% of such provider, or any creditor of
such provider solely by virtue of its status as a creditor and which
is not otherwise an affiliate by reason of owning a controlling interest
in, being owned by, or being under common ownership, common management,
or common control with, such provider.
A telecommunications use agreement as defined herein or any
other agreement or license granted by the City authorizing use of
the rights-of-way for any telecommunications provider.
The one-way transmission to subscribers of video programming
or other programming services, together with subscriber interaction,
if any, which is required for the selection of such video programming
or other programming services, which a licensee may make available
to all subscribers generally.
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the City.
The Municipal Lighting Department for the City of Chicopee.
The City of Chicopee, Massachusetts.
The Massachusetts Department of Telecommunications and Energy.
Permission from the City granted to a telecommunications provider which seeks to construct a line in order to transmit such service upon, along, under or across a public way, including the wires, poles, piers, abutments or conduits necessary therefor, pursuant to MGL c. 166, § 22.
The offering of facilities that provide direct access to
the international computer network of both federal and nonfederal
interoperable packet switched data networks to customers for a fee.
For purposes of this ordinance, "internet access service" shall include
the direct access to the Internet or Internet connections, including
but not limited to all high-speed and dedicated subscriber line ("DSL")
communications connections to the Internet or otherwise. Dial-up access
to the Internet is not subject to this ordinance.
Any video programming services provided to any person by
a provider certified by the FCC to operate an open video system pursuant
to 47 U.S.C. § 573, as may be amended, regardless of the
facilities used.
This telecommunications rights-of-way ordinance and all provisions
herein established by this ordinance.
Any corporation, partnership, proprietorship, individual,
organization, or any natural person, but shall not include a governmental
entity, including the Chicopee Municipal Lighting Plant.
A telecommunications provider or any person required to have
a telecommunications use agreement.
A gas or electric company providing regulated services pursuant
to MGL c. 164, or a telephone company providing regulated services
pursuant to MGL c. 166. Such term does not include Chicopee Municipal
Lighting Plant's plant and facilities.
A telecommunications provider providing service within the
City that does not have ownership, possessory interest, or control
of facilities in the rights-of-way, but instead uses the rights-of-way
by interconnecting with and/or using the network elements of a provider
utilizing the rights-of-way, or by leasing capacity from a facility-based
telecommunications provider.
The surface and space on, above and below every municipal
street, alley, road, highway, lane or City right-of-way dedicated
or commonly used now or hereafter for public uses and facilities thereon,
including, but not limited to, overhead lighting facilities. This
term shall not include any county, state, or federal rights-of-way
except where controlled or maintained by the City, or as other provided
by applicable laws or pursuant to an agreement between the City and
any such person or agency. "Rights-of-way" shall not include public
property owned or leased by the City that is not intended for right-of-way
use, including, but not limited to, municipal building property, parks,
public works facilities, or any facilities and/or poles of the Chicopee
Municipal Lighting Plant.
The transmission of intelligence within the Commonwealth
by electricity, by means of telephone lines or telegraph lines or
any other method or system of communication, including the operation
of all conveniences, appliances, instrumentalities, or equipment appertaining
thereto, or utilized in connection therewith.
The Telecommunications Act of 1996, codified at Title 47
of the United States Code.
The cables, wires, lines, poles, piers, abutments, conduits,
towers, wave guides, optic fiber, antennas, and any associated converters,
equipment, or other facilities designed and constructed for the purpose
of producing, receiving, amplifying or distributing telecommunications.
A person granted a telecommunications use agreement and that
person's agents, employees, lawful successors, transferees, or assignees,
or any other person who constructs, operates or maintains telecommunications
facilities or provides telecommunications services by use of facilities
in the rights-of-way, other than reseller service providers. Such
term shall also include providers of internet access service, private
carriage telecommunications services and dark fiber to the extent
such offerings are not covered under a separate City grant of authorization.
Such term shall not include the Chicopee Municipal Lighting Plant;
nor shall it include other public utilities, that own poles, conduit
and other facilities that are utilized by telecommunications providers
but do not themselves provide telecommunications on a commercial basis.
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public regardless of the facilities used.
An agreement providing a general authorization for use of
the rights-of-way by a telecommunications provider, subject to any
applicable GOL and permitting, as authorized herein and executed by
the City and said telecommunications provider.
The fee required by the City for a telecommunications provider for its use of the rights-of-way pursuant to a telecommunications use agreement under Article II of this ordinance.
