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For the purpose of this title the following terms, phrases, words and their derivations shall have the meaning defined in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined in this chapter shall be given the meaning set forth in the Communications Policy Act of 1934, as amended, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning.

A. Aboveground or Overhead Facilities means utility poles, utility facilities and telecommunications facilities above the surface of the ground, including the underground supports and foundations for such facilities.

B. Affiliated Interest shall have the same meaning as ORS 759.010.

C. Cable Act shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521, et seq., as now and hereafter amended

D. Cable Service means the one-way transmission to subscribers of video programming, or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

E. Control or Controlling Interest means actual working control in whatever manner exercised.

F. City Property means and includes all real property owned by the City, other than public streets and utility easements as those are defined in this chapter, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this title.

G. Conduit means any structure, or section of any structure, containing one or more ducts, conduits, manholes, handholds, bolts, or other facilities used for any telegraph, telephone, cable television, electrical or communications conductors, or cable right-of-way, owned or controlled, in whole or in part, by one or more public or private utilities.

H. Duct means a single enclosed raceway for conductors or cable.

I. FCC or Federal Communications Commission means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

J. Franchise means an agreement between the City and a grantee which grants a privilege to use public right-of-way and utility easements within the City for a dedicated purpose and for specific compensation.

K. Grantee means the person to which a franchise is granted by the City.

L. Gross Revenue. Except for a telecommunications utility, gross revenue means gross revenue derived by grantee from the provision of telecommunications services originating or terminating in the City on facilities covered by the franchise. For the purposes of this definition net uncollectable from revenue included in gross revenues may be excluded from gross revenues. For a telecommunications utility, gross revenue means those revenues derived from exchange access services, as defined in ORS 401.710, less net uncollectable from such revenues.

M. Local Exchange Service means service provided within the boundaries of an exchange as the exchange appears on the exchange maps filed with and approved by the Oregon Public Utility Commission. Local exchange service includes “shared telecommunications service,” as defined in ORS Chapter 759.

N. Oregon Public Utilities Commission or OPUC means the statutorily created state agency in the State of Oregon responsible for licensing, regulation and administration of certain communications providers as set forth in Oregon Law.

O. Person means an individual, corporation, company, association, Joint Stock Company or association, term, partnership, or limited liability company.

P. Private Telecommunications Network means a system, including the construction, maintenance or operation of the system, for the provision of a service or any portion of a service, by a person for the exclusive use of that person and not for resale, directly or indirectly. “Private telecommunications network” includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140.

Q. Public rights-of-way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways, including the subsurface under and air space over these areas, but only to the extent of the City’s right, title, interest or authority to grant a franchise to occupy and use such streets and easements for telecommunications facilities. Public rights-of-way do not include trails, paths, or sidewalks within parks or other areas of the City unless the trail, path or sidewalk has been dedicated as a right-of-way.

R. Public Street means any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and regulatory control of the City which has been acquired, established, dedicated or devoted to vehicular travel and pedestrian purposes not inconsistent with telecommunications facilities.

S. Telecommunications means the transmission between and among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

T. Telecommunications Act means the Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) as adopted and as hereafter amended.

U. Telecommunications Carrier means any provider of telecommunications services and includes every, person that directly or indirectly owns, controls, operates or manages telecommunications facilities within the City and competitive providers of local exchange or inter-exchange services.

V. Telecommunications Facilities or System means the equipment, other than customer premises equipment, used by a carrier to provide telecommunications services.

W. Telecommunications Service means 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. Telecommunications service includes but is not limited to any service provided for the purpose of voice, video or data transmission, including, but not limited to, local exchange service, access service. extended area service, call origination, interconnection, switching, transport, or call termination and any other telecommunications services identified and authorized by the FCC or the OPUC.

X. Telecommunications Utility has the same meaning as ORS 759.005(1)(a).

Y. Reseller means any person that provides telecommunications service using a telecommunications facility within a public right-of-way for which service a separate charge is made, where that person does not own, lease, control or manage the telecommunications facility used to provide the service.

Z. Underground Facilities means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for “Overhead facilities.”

AA. Usable Space means all the space on a pole, except the portion below ground level, the 20 feet of safety clearance space above ground level, and the safety clearance space between communications and power circuits.

BB. Utility Easement means any easement within the public right-of-way designated on a subdivision plat or partition map as a utility easement, public utility easement or “P.U.E.” or any easement granted to or owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with the telecommunications facilities.

CC. Utility Facilities means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, transformers, plant and equipment located under, on, or above the surface of the ground within the public right-of-way of the City and used or to be used for the purpose of providing utility or telecommunications services. (Ord. 2850 § 2, amended, 10/19/1999)