§ 70-135. Definitions.

For the purposes 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 include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.

Administrative agreement means a franchise agreement entered into by the city manager and a grantee. The city manager is delegated the authority by the city commission to enter into administrative agreements in conformity with this chapter.

City means the City of Winter Garden, Florida, a Florida municipality organized and existing under the laws of the State of Florida.

City limits means the incorporated limits of the city, as those limits may be increased or decreased throughout the term of this article.

Franchise means the authorization granted by the city to a properly certificated and licensed operator of a telecommunications facility, giving the operator the nonexclusive right to use public rights-of-way in the city to provide, through physical facilities located therein, telecommunications services within the city limits, as they may be adjusted from time to time. Such authorization shall not include:

(1)

Any other permit, agreement or authorization required by the city's Code, rules, regulations or resolutions for the privilege of conducting business within the city limits;

(2)

Any permits, agreements or authorizations required in connection with operations on public streets or property including, but not limited to, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along public rights-of-way; and

(3)

Any actions or authorizations which are required by the city engineer or public works director.

Franchise agreement means a contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.

Franchise area means the area of the city that a franchisee is authorized to serve by its franchise agreement.

Franchisee refers to a person holding a franchise issued under this chapter, or a franchise issued prior to this chapter, subject to the provisions of sections 70-164 through 70-178 hereof.

FCC means the Federal Communications Commission or its designee.

Grantee refers to a person holding a franchise issued under this chapter.

Person means any person, firm, partnership, association, corporation, company or organization of any kind.

Public rights-of-way or city's rights-of-way mean the surface, the area above, and the area below the surface of any public streets, lanes, paths, alleys, boulevards, drives, highways, waterways, bridges, sidewalks, tunnels, parkways, or easements in which the city now or hereafter holds any property interest, which, consistent with the purposes for which it was obtained or dedicated, may be used for the purpose of constructing, maintaining, operating and repairing a telecommunications system. Public and city rights-of-way do not include buildings, above or below ground structures, parking areas, parks or other property owned or leased by the city. No reference herein, or in any franchise agreement, to a public or city right-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the city and as the city may have the undisputed right and power to give.

Public service commission or PSC means the agency charged with the powers and duties, conferred upon it by F.S. ch. 364, as amended from time to time, to regulate telecommunications facilities and companies in the state.

Recurring local service revenues means all revenues received by Sprint or other franchisees for providing the local transport of voice, data and video signals, including, but not limited to: those revenues derived from telecommunications services listed in F.S. § 203.012(2); revenues derived from resellers of Sprint's or other franchisees' local telecommunications services within the city limits; revenues derived by Sprint from the lease of telecommunications facilities located within the city's rights-of-way and revenues credited by Sprint or other franchisees to each of the accounts listed in Sections 5000 through 5069 of Part 32, Title 47 of the Code of Federal Regulations, as established by the FCC in its Uniform System of Accounts for Telecommunications Companies, as amended from time to time, including, but not limited to, any subsequently created accounts to which revenues derived from recurring local service are credited.

Reseller means any person that provides telecommunications services over a telecommunications facility for which a separate charge is made, where that person does not own or lease the underlying telecommunications facility used for the transmission.

Roadway recovery area or clear zone means the area required by the Florida Department of Transportation for a vehicle to get completely back onto a roadway once it has left the roadway.

Telecommunications facility means a facility that is used to provide one or more telecommunications services, any portion of which occupies the public rights-of-way. The term includes radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals.

Telecommunications services means the transmission for hire, of information in electronic or optical form, including, but not limited to, voice, video, or data, including telephone service but excluding over-the-air broadcasts to the public at large from facilities licensed by the FCC or any successor thereto, cable service or open video service as defined in the Telecommunications Act of 1996.

Telecommunications system or system means facilities that are used to provide one or more telecommunications services, any portion of which occupies the public right-of-way.

(Ord. No. 99-46, § 1, 8-12-99)