§ 23.03. Definitions.

For purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The words "shall," "will" and "must" are mandatory, and "may" is permissive. Words not otherwise defined herein shall have the meaning ascribed thereto under Chapter 202 or 337, Florida Statutes, as amended, or where none is ascribed shall be construed to mean the common and ordinary meaning.

A.

Abandonment means the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in the Public Rights-of-Way.

B.

Affiliate means each person, directly or indirectly, controlling, controlled by, or under common control with a Communications Services Provider that is Registered with the City; provided that Affiliate shall in no event mean any limited partner, member, or shareholder holding an interest of less than 15 percent in such Communications Services Provider.

C.

As-Built Surveys means the final and complete drawings in hard copy signed and sealed by a Professional Surveyor and Mapper (as defined in § 472.005, Florida Statutes) and the final and complete electronic overview map (in autocad, microstation, mapinfo or ESRI format) presented in computer input medium such as cd-rom, dvd or zip100/250. As-Built Surveys, in both the drawings and the electronic overview map, must show the present state of a Communications Services Provider's Facilities in the Public Rights-of-Way, including, but not limited to, the horizontal and vertical location of Facilities located at least every 100 feet and at any alignment change. Horizontal locations on all points of Facilities shall be from street centerline, or section or quarter section lines or corners. Vertical locations on all points of Facilities shall consist of elevations in either City datum or United States Geological Survey datum.

D.

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

E.

Cable Service Provider means a person that provides cable service over a cable system.

F.

Cable System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community, but such term does not include: a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; a facility that serves subscribers without using any public right-of-way; a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the federal Communications Act of 1934 except such facility shall be considered a cable system other than for purposes of 47 U.S.C. Section 541(c) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; any facilities of any electric utility used solely for operating its electric utility systems; or an open video system that complies with 47 U.S. C. Section 573.

G.

Certificateholder means a cable or video service provider that has been issued and holds a certificate of franchise authority from the Florida Department of State.

H.

Chapter means the Orlando Communications Right-of-Way Utilization Ordinance, codified as Chapter 23 of the City Code pursuant to that Ordinance enacted by City Council on June 18, 2001, as may be amended or supplemented from time to time.

I.

City means the City of Orlando, Florida, a municipal corporation organized and existing under the laws of the State of Florida.

J.

City Code means the municipal code of the City of Orlando, Florida.

K.

City Council means the governing body for the City.

L.

Co-locate or Co-location means the shared use of Facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one user of the Public Rights-of-Way in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of Facilities or the sale or purchase of capacity (whether bundled or unbundled).

M.

Communications Facility, Facility or Facilities means any portion of a Communications System located in the Public Rights-of-Way.

N.

Communications Services means the definition ascribed thereto in Section 202.11(2), Florida Statutes (2007), as may be amended.

O.

Communications Services Provider means (1) any Person, municipality or county providing Communications Services through the use and operation of a Communications System or Communications Facilities installed, placed and maintained in the Public Rights-of-Way, regardless of whether such System or Facilities are owned or leased by such Person, municipality or county and regardless of whether such Person, municipality or county has registered with the Florida Department of Revenue as a provider of Communications Services in Florida pursuant to Chapter 202, Florida Statutes and (2) any Person, municipality or county who constructs, installs, places, maintains or operates Communications Facilities in the Public Rights-of-Way but who does not provide Communications Services, including for example a company that places "dark fiber" or conduit in the Public Rights-of-Way and leases or otherwise provides those facilities to another company that does provide Communications Services.

P.

Communications System or System means any permanent or temporary plant, equipment and property placed or maintained in the Public Rights-of-Way that is occupied or used, or is capable of being occupied or used, by a Communications Services Provider for the purpose of producing, conveying, routing, transmitting, receiving, amplifying, distributing, providing or offering Communications Services including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios and any associated poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other plant, equipment and pathway.

Q.

Dealer means any Person, municipality or county providing Communications Services to an end user in Orlando through the use and operation of Communications Facilities installed, placed and maintained in the Public Rights-of-Way, whether owned or leased, and who has registered with the Florida Department of Revenue as a provider of Communications Services pursuant to Chapter 202, Florida Statutes. This definition of "Dealer" is intended to include any "Reseller."

R.

Department means the Florida Department of State.

S.

Engineering Permit means the right-of-way utilization permit required under City Code Chapter 65 prior to commencement of any placement or maintenance of Facilities in the Public Rights-of-Way.

T.

Excavation or other similar formulation of that term means the cutting, trenching or other disturbance to the Public Rights-of-Way intended to change the grade or level of land or which causes any cavity, gap, depression, penetration or hole in the surface of the Public Rights-of-Way.

U.

FCC means the Federal Communications Commission.

V.

Franchise means an initial authorization or renewal of an authorization, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, to construct and operate a cable system or video service provider network facilities in the public right-of-way.

W.

Franchise Authority means any governmental entity empowered by federal, state, or local law to grant a franchise.

X.

Government means the United States of America, the State of Florida or Orange County, Florida, and any of their respective agencies, departments or bureaus.

Y.

In the Public Rights-of-Way means in, along, on, over, under, across or through the Public Rights-of-Way.

Z.

Incumbent Cable Service Provider means the cable service provider providing cable service on July 1, 2007 and operating under a franchise agreement pursuant to Chapter 25 of the Orlando City Code, until such time as the franchise agreement expires as required by law, is terminated by the provider as provided by law, or is terminated as set forth in the franchise agreement between the cable service provider and the City.

AA.

Non-Dealer means any Person, municipality or county that places or maintains a Communications System or Communications Facilities in the Public Rights-of-Way but who does not provide Communications Services, including for example a company that places "dark fiber" or conduit in the Public Rights-of-Way and leases or otherwise provides those facilities to another company that does provide Communications Services to an end user. This definition of "Non-Dealer" is intended to include any Person that places or maintains "Pass-Through Facilities" in the Public Rights-of-Way, but does not provide Communications Services to an end user within the corporate limits of the City.

BB.

Pass-Through Facilities means the Facilities for a Communication System that merely pass through the City from one point to another point and from which no revenues are directly attributable to subscribers or other carriers within the City.

CC.

Person means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any Affiliate, successor, assignee, transferee or personal representative thereof, and all other groups or combinations, and shall include the City to the extent that the City acts as a Communications Services Provider.

DD.

Placement or maintenance or placing or maintaining or other similar formulation of that term means the named actions interpreted broadly to encompass, among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement, replacement, extension, expansion, repair, removal, operation, occupation, location, relocation, grading, undergrounding, trenching or excavation. Any Communications Services Provider that owns, leases or otherwise controls the use of a Communications System or Facility in the Public Rights-of-Way, including the physical control to maintain and repair, is "placing or maintaining" a Communications System or Facility. A Person providing service only through buying wholesale and then reselling 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 does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way.

EE.

Public Rights-of-Way means a road, street, highway, bridge, tunnel or alley that is owned by the City, publicly held by the City or dedicated to the City for public use and over which the City has jurisdiction and control and may lawfully grant access pursuant to applicable law, and includes the space above, at or below the surface of such right-of-way. "Public Rights-of-Way" shall include public utility easements and city services easements that are under the jurisdiction and control of the City wherein the City now or hereafter acquires the right to locate or permit the location of Communications Facilities; provided that the terms and conditions of any such easement expressly allow, or any restrictions thereon do not expressly prohibit, the use of the particular easement for purposes other than which it was conveyed, dedicated or condemned. "Public Rights-of-Way" shall not include (1) county, state or federal rights-of-way, (2) property owned by any Person other than the City, (3) service entrances or driveways leading from the road or street onto adjoining property or (4) except as described above, any real or personal property of the City, such as, but not limited to, City parks, buildings, fixtures, poles, conduits, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way.

FF.

Public Service Commission or PSC means the agency for the State of Florida charged with the powers and duties conferred upon it by Chapter 364, Florida Statutes.

GG.

Record Drawings means a final and complete drawing accurately depicting the improvements as constructed. Record Drawings are not required to be signed and sealed by a Professional Surveyor and Mapper.

HH.

Registration or Register other similar formulation of that term means the process described in Section 23.04 herein whereby a Communications Services Provider provides certain information to the City.

II.

Reseller means any Person providing Communications Services within the City over a Communications System, or portion thereof, for which a separate charge is made, where that Person does not place or maintain, nor own or control, any of the underlying Facilities in the Public Rights-of-Way used for transmission. Instead such Person purchases the Service, usually at wholesale, from a Communications Services Provider and then resells it at retail or such Person uses the Public Rights-of-Way by either interconnecting with the Facilities of a Communications Services Provider utilizing the Public Rights-of-Way or by leasing excess capacity from a facility-based Communications Services Provider.

JJ.

Video Programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station as set forth in 47 U.S.C. s. 522(20).

KK.

Video Service means video programming services, including cable services, provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider as defined in 47 U.S.C. s. 332 (d), video programming provided as part of and via a service that enables end users to access content, information, electronic mail, or other services offered over the public Internet.

LL.

Video Service Provider means an entity providing video service.

(Ord. of 6-18-2001, § 2, Doc. #33875; Ord. of 10-6-2008, § 2, Doc. #0810061004)