§ 26-72. Definitions.

For the purposes of this Article, the following terms, phrases, words and derivations shall have the meanings given. Words not otherwise defined in this section or in any permit that may be granted pursuant to this Article shall be given the meaning set forth in the Communications Act of 1934, 47 USC 151 et seq., as amended (collectively the "Communications Act"), and if not defined in the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes, shall be construed to mean the common and ordinary meaning.

Communications facility or facility or system mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennas, converters, splice boxes, cabinets, handholes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the public rights-of-way of the City and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer communications services.

Communications services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Cable service, as defined in Fla. Stat. § 202.11(2), is not included in the definition of "communications services" and cable service providers or providers of service via an open video system may be subject to other ordinances of the City and shall require separate authorization from the City.

Communications services provider means any person making available or providing communications services through the placement or maintenance of a communications facility in public rights-of-way. This shall also include any person that places or maintains a communications facility in public rights-of-way but does not provide communications services.

FCC means the Federal Communications Commission.

In public rights-of-way or in the public rights-of-way mean in, on, over, under or across the public rights-of-way.

Place or maintain or placement or maintenance or placing or maintaining mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing or maintaining facilities in the public rights-of-way.

Public rights-of-way means a public right-of-way, public utility easement, highway, street, road, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path or alley or any other property for which the City is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the City holds a property interest therein. The term "public rights-of-way" shall not include private property. The term "public rights-of-way" shall not include any real or personal City property except as described above and shall not include City buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Registrant or facility owner mean a communications services provider or other person that has registered with the City in accordance with the provisions of this Article.

Registration and register mean the process described in this Article whereby a communications services provider provides certain information to the City.

(Ord. No. 01-03-03, § 3, 3-13-2001)