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Ordinance No. 20083
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Ordinance No. 20083
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Last modified
6/10/2010 3:48:59 PM
Creation date
1/12/2009 1:06:54 PM
Metadata
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Council Ordinances
CMO_Document_Number
20083
Document_Title
Ordinance concerning telecommunications; adding 3.400, 3.405, 3.410, 3.415, 3.420, 3.425, & 3.430 to EC, 1971; amending 3.005, 7.290, 7.295, 7.297, 7.299, 7.300, & 7.302 of EC; and declaring an emergency.
Adopted_Date
4/28/1997
Approved Date
4/28/1997
CMO_Effective_Date
4/28/1997
Signer
James D. Torrey
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(e) An open video system that is certified by the FCC. <br />Communications facility. Refers to a telecommunications facility, <br />cable system, or open video system. <br />License. Refers to the authorization granted by the city to an operator <br />of a communications facility, giving the operator the non-exclusive right to <br />provide, through facilities maintained or operated upon, across, beneath, or <br />over any public right-of--way in the city, a specified service within a license <br />area. Any such authorization, in whatever form granted, shall not exempt the <br />licensee from the need to obtain any other permit, registration or <br />authorization required by this code, including but not limited to: <br />(a) The registration required by section 3.405 of this code; <br />(b) Any permit, agreement or authorization required in <br />connection with operations in the public right-of--way or on other public <br />property including, without limitation, permits and agreements for <br />placing devices on or in poles, conduits or other structures, whether <br />owned by the city or a private entity, or for excavating or performing <br />other work in or along public rights-of-way. <br />FCC. The Federal Communications Commission or its designee. <br />Gross Revenues. Any and all revenue, of any kind, nature or form, <br />without deduction for expense. <br />Open Video System. or "OVS". A facility consisting of a set of <br />transmission paths and associated signal generation, reception, and control <br />equipment that is designed to provide cable service, which includes video <br />programming, which is provided to multiple subscribers within a community, <br />and which the Federal Communications Commission or its successor has <br />certified as compliant with Part 76 of the Rules of the Federal <br />Communications Commission, 47 C.F.R., Part 76, as amended from time-to- <br />time. <br />Operator. A person who provides telecommunications services. <br />When used with reference to a system; refers to a person: <br />(a) Who provides, or intends to provide, service over a <br />communications facility and directly or through one or more affiliates <br />owns a significant interest in such facility; or <br />(b) Who otherwise controls or is responsible for, through <br />any arrangement, the management and operation of such a facility. <br />A person that leases a telecommunications facility or a specific portion of a <br />telecommunications facility to provide telecommunications services shall be <br />treated as an operator for purposes of this code. <br />Person. Includes any individual, corporation, partnership, association, <br />joint stock company, trust, limited liability company, or any other legal entity. <br />Private communications system. A facility placed in whole or in part <br />in the public right of way for the provision of communications solely in <br />connection with a private communications system owner's business, but not <br />Ordinance - 2 <br />
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