|
CHAPTER 930: Use of Public Rights of Way
<br />930.02 DEFINITIONS
<br />For the purpose of this Ordinance, and the interpretation and enforcement thereof, the following
<br />words and phrases shall have the following meanings, unless the context of the sentence in which
<br />they are used shall indicate otherwise:
<br />(a) "Affiliate" means a Person that (directly or indirectly) owns ar controls, is owned or
<br />controlled by, or is under common ownership or control with another Person.
<br />(b) "Annual Gross Revenue" means all revenue, as determined in accordance with
<br />generally accepted accounting principles (including, without limitation, subscription,
<br />equipment and advertising revenue), which is received directly or indirectly from the
<br />distribution of any Service over a Permit Holder's Facilities located within the City.
<br />Gross Revenues do not include sales and use tax, franchise fees, and other govern-
<br />mental charges and fees collected by a Permit Holder.
<br />(c) "Cable Television Operator" means a Person providing or offering to provide cable
<br />television service within the City as that term is defined in the Cable
<br />Communications Policy Act of 1984, codified at 47 U.S.C. §532, et seq., as amended
<br />by the Cable Television Consumer Protection and Competition Act of 1992 and the
<br />Tele-communications Act of 1996, as each might be further amended.
<br />(d) "City" means the City of North Olmsted, Ohio.
<br />(e) "City Property" means and includes all real property owned by the City, other than
<br />Public Streets as said term is defined herein, and all property held in a proprietary
<br />capacity by the City, which are not subject to Public Way permits and franchising as
<br />provided in this Ordinance.
<br />( fl "Excavation" or "Excavate" means to dig into or in any way remove or physically
<br />disturb or penetrate any part of the Public Way.
<br />(g) "Excess Capacity" means the volume or capacity in any existing or future duct,
<br />conduit, manhole, or other Facility within the Public Way that is or will be available
<br />for use for additional Facilities.
<br />(h) "Facilities" or "System" means the plant, equipment and property, including but
<br />not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae,
<br />electronics, poles, pipes, mains, plant, equipment and other appurtenances located
<br />under, on or above the surface of the ground within the Public Ways of the City and
<br />used or to be used to transmit, receive, distribute, provide or offer Services but also
<br />including Private Facilities.
<br />(i) "Other Ways" means the highways, streets, alleys, Public Utility Easements or other
<br />rights-of-way within the City, but under the jurisdiction and control of a government-
<br />al entity other than the City.
<br />(j) "Overhead Facilities" means Facilities, including utility poles and wires, cables and
<br />other such equipment running between and on such poles, located above the surface
<br />of the ground, and including the underground supports and foundations for such
<br />Facilities.
<br />EXHIBIT A
|