§ 28-126. Definitions.

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

Communications services or telecommunications services means the transmission, conveyance or routing of voice, data, audio, video or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method new in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term does not include:

(1)

Information services;

(2)

Installation or maintenance of wiring or equipment on a customer's premises;

(3)

The sale or rental of tangible personal property;

(4)

The sale or advertising, including, but not limited to, directory advertising;

(5)

Bad check charges;

(6)

Late payment charges;

(7)

Billing and collection services;

(8)

Internet access service, electronic mail service, electronic bulletin board service or similar on-line computer services.

Communications system or telecommunications system means cables, conduits, poles, wires, supports and/or other structures as may be reasonably necessary for the construction, maintenance and/or operation of a communications system to be used by the grantee to provide for communication services, including, but not limited to, the transport of voice, data and video signals over a network as permitted by law, subject to the terms, conditions and exceptions set forth in this chapter regarding use of the city's rights-of-way.

Franchise means the rights heretofore granted under this chapter by the city to a grantee by which the city authorizes such grantee to utilize the city's rights-of-way to erect, construct, reconstruct, operate, dismantle, test, use and maintain a telecommunications system or communication system in the city. Any franchise awarded by an ordinance in accordance herewith shall be a nonexclusive franchise, and shall continue in effect until its expiration.

Franchise agreement means an ordinance enacted by the city in favor of a grantee which is enforceable by the city and grantee and which sets forth the rights and obligations between the city and grantee arising out of the franchise.

Grantee means the natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind granted a franchise by the city or registering with the city after January 1, 2001 under this chapter.

Grantor or city means the city as represented by the city commission or any delegate acting within the scope of its jurisdiction.

Public Service Commission or PSC means the agency charged with the powers and duties conferred on it by F.S. ch. 364, to regulate telecommunications companies and their facilities.

Public way means the surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, or parkway, now or hereafter existing as such within the city and over which the city exercises ownership or effective control.

Recurring local service revenues means all revenue from all sources, including cash, credits, property of any kind or nature or other consideration, which is received directly or indirectly by a Grantee arising from, in connection with, or is attributable to, operation of a communications system to provide service within the city.

Registration means the process described at section 28-25, which shall be required prior to applying for permits to place, occupy or maintain a communication system in the public rights-of-way.

(Ord. No. 07-98, § 2, 4-20-1998; Ord. No. 40-00, § 1, 12-11-2000)

Cross reference

Definitions generally, § 1-2.