§ 42-19. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access line means a unit of measurement representing:

(1)

Each switched transmission path of the transmission media within the public rights-of-way extended to the end-user customer's network interface within the city that allows delivery of telecommunications service;

(2)

Each separate transmission path of the transmission media within the city's public rights-of-way that terminates an end-user customer's network interface of each loop provided as an unbundled network element to a person pursuant to an agreement under section 252 of the Federal Telecommunications Act of 1996 (47 USC 252); or

(3)

Each termination point of a nonswitched telephone or other circuit consisting of transmission media connecting specific locations identified by, and provided to, the end-user for the delivery of nonswitched telecommunications services within the city.

Access line fee means the amount in section 42-78 to be applied to each access line on a monthly basis for the calculation of the total amount to be paid to the city by the provider and/or any person using the facilities of the provider for the creation of telecommunications service.

Affiliate.

(1)

The term "affiliate" means a person who controls, is controlled by or is under common control with a provider.

(2)

The term "affiliate" does not include a person who serves end-use customers by means of a wireless transmission. There is a rebuttable presumption of control if a provider owns 25 percent or more of the affiliate's stock or assets.

Certificated telecommunications utility means any entity that has been granted or applied for a certificate under V.T.C.A., Utilities Code ch. 54 or other successor authorizing certificate to provide local exchange telephone service.

City means the City of Rockwall, Texas. As used throughout, the term "city" also includes the designated agent of the city.

City manager means the city manager or the city manager's designee.

Direction of the city means all ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this chapter and that are now in force or may hereafter be passed and adopted.

Facilities means any and all of the provider's duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated transmission media.

Municipal consent means the individual grant to use the public rights-of-way issued by the city and accepted by the individual providers under this article governing the provider's use of the public rights-of-way and the payment of compensation.

Person means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.

Provider means a person that delivers telecommunications service within the city to persons by way of a network, including any certificated telecommunications utility and that places facilities in, or over the public rights-of-way.

(1)

To the extent allowed by law, the term "provider" also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way.

(2)

The term "provider" does not include persons who are authorized by the city to occupy the public rights-of-way in specifically approved routes within the city, unless they also have a municipal consent under this article.

Public rights-of-way means all present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards, drives, tunnels, easements or similar property in the city limits in which the city holds a property interest or exercises rights of management or control.

Telecommunications network or network means all facilities placed in the public rights-of-way and used to provide telecommunications service to the public.

Telecommunications service means the providing or offering to provide transmissions between or among points identified by the user of information of the user's choosing, including voice, video or data, without change in content of the information as sent and received, if the transmissions are accomplished through a telecommunications network.

(1)

The term "telecommunications service" includes ancillary or adjunct switching services and signal conversions rendered as a function of underlying transmission services, but excludes long distance transmissions (inter-LATA (Local Assess Transport Area) and intra-LATA toll transmissions).

(2)

The term "telecommunications service" also includes all communications services capable of being provided over a telephone system and certificated to telecommunications providers under the V.T.C.A., Utilities Code title 2, Public Utility Regulatory Act, and title II of the Communications Act of 1934, expressly excluding cable services or open video systems as defined in title VI of the Communications Act of 1934.

(3)

The term "telecommunications service" does not include the term "wireless services" as defined by law.

Transmission media means any and all of the provider's cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristic, and whether for voice, data or other purposes.

(Code 1982, § 25.5-29; Ord. No. 99-47, § 4, 8-30-1999; Ord. No. 99-39, § 4, 9-7-1999)