§ 50-111. Definitions

Whenever used in this division, 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 means:

(1) Each switched transmission path of the transmission media within the 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 no 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 means "cable service" as defined in the Cable Communications Policy Act of 1984, as amended, 47 USC 532 et seq.

Direction of the city means all ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this division and that are now in force or may hereafter be passed and adopted.

Facilities means 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 means 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 means any telecommunications service provider issued a permit pursuant to the terms of this division.

Person 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.

Public utility means a public utility as that term is used in the Public Utility Regulatory Act of 1995, V.T.C.A., Utilities Code § 11.004.

Rights-of-way means all present and future public streets, avenues, highways, alleys, sidewalks, boulevards, drives, tunnels, easements, bridges, and other such similar passageways, thoroughfares, and public ways within the city.

Rights-of-way fee means the total amount paid to the city on a quarterly basis for the use and occupancy of the rights-of-way.

Telecommunications service means 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. The term "telecommunications service" does not include transmissions for long distance purposes (interLATA and intraLATA) or any wireless service as defined by law.

Telecommunications service provider means any person that supplies telecommunications service to others within the corporate limits of the city in exchange for money or other value.

Telecommunications utility means the term "telecommunications utility" as used in the Public Utility Regulatory Act of 1995, V.T.C.A., Utilities Code § 51.002(11).

Transmission media means 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 means the permit holder's acquisition, installation, construction, reconstruction, maintenance, repair, control, or operation of any facilities within the rights-of-way for any purpose whatsoever.

(Code 1969, § 24-92; Ord. No. 1324, § 2, 8-25-1998)