§ 54.68. Definitions.

For the purposes of this Article and any Permit in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this Article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the City Council.

(1)

Bureau means the Bureau of Engineering.

(2)

Cable Communications System means a nonbroadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and is franchised by the City in accordance with Chapter 25 of this Code.

(3)

FCC means the Federal Communications Commission or its legally appointed successor.

(4)

Local Access Transport Area (LATA) means that geographic area and communications system in which the City of Orlando is located and in which Southern Bell or any subsequent telephone company is authorized by the Public Service Commission of Florida to provide local exchange access telecommunications services.

(5)

Local Telephone Service means:

(a)

The access to a local telephone system, and the privilege of telephonic-quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or

(b)

Any facility or service provided in connection with a service described in paragraph (a).

The term "local telephone service" does not include any service which is a toll telephone service; private communication service; cellular mobile telephone or telecommunication service; specialized mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging, service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication; or teletypewriter or computer exchange service.

(6)

Telecommunication Permit means the privilege granted by the City by which the City authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain repair, rebuild and replace a private communications system that occupies the streets, public ways or public places within the City. Any Telecommunication Permit issued in accordance herewith shall be a nonexclusive permit.

(7)

Permittee means the person or its legal successor in interest who is issued a Telecommunication Permit or Permits in accordance with the provisions of this Article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications system in the City.

(8)

Private Communications System means any communications lines, cables, equipment or facilities, not part of the LATA, part of a Cable Communications System franchised by the City, or part of a government-owned system, that in any manner is connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist, which:

(i)

are used to provide a toll telephone service,

(ii)

are used by a person or business entity to provide telecommunication services including but not limited to, telephone, telegram, teletypewriter or computer exchange services between different offices or facilities of the person, business entity or its affiliated companies, or

(iii)

are used to provide telecommunication services to other entities.

(9)

Street means any area established for vehicular or public access use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right of way, lane, boulevard, concourse, bridge, tunnel, parks, parkways and waterways.

(10)

Toll Telephone Service means:

(a)

A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or

(b)

A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)