§ 30-234. Definitions.

For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein. 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 herein 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.

Aboveground facilities. See "Overhead Facilities."

Cable provider means any provider of cable television services and includes every person that directly or indirectly owns, controls, operates or manages cable facilities within the city.

Cable Service or Cable Television 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.

City means the City of Independence, a state municipal corporation, and individuals authorized to act on the city's behalf.

City council means the elected governing body of the City of Independence, Oregon.

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

Conduit means any structure, or portion thereof, containing one or more ducts, conduits, manholes, handholes, 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 utilities.

Days means calendar days unless otherwise specified.

Duct means a single enclosed raceway for conductors or cable.

Facilities or cable facilities means the plant, equipment and property including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, 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 cable television services.

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

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.

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

Oregon Public Utilities Commission or OPUC means the statutorily created state agency in the state responsible for licensing, regulation and administration of certain utility providers as set forth in state law, or its lawful successor.

Overhead or aboveground facilities means utility poles, utility facilities and cable facilities above the surface of the ground, including the underground supports and foundations for such facilities.

Person means an individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company.

Public rights-of-way includes, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, 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 cable facilities. The term "public rights-of-way" also includes utility easements as defined in this section.

State means the State of Oregon.

Telecommunications Act means the Communications Policy Act of 1934, as amended by subsequent enactments including the Telecommunications Act of 1996 (47 USC 151 et seq.) and as hereafter amended.

Telecommunications utility has the same meaning as ORS 759.005(1).

Underground facilities means utility and cable facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.

Utility easement means any easement granted to or owned by the city and acquired, established, dedicated or devoted for public utility purposes.

(Code 2006, § 12.44.4; Ord. No. 1558 , § 1(Exh. A), 2-14-2017)