§ 23-1. Definitions.

For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number.

Affiliated person means each person who falls into one or more of the following categories:

(1)

Each person having, directly or indirectly, a controlling interest in the applicant;

(2)

Each person in which the applicant has, directly or indirectly, a controlling interest;

(3)

Each officer, director, joint venturer or joint venture partner, of the applicant; and

(4)

Each person, directly or indirectly, controlling, controlled by, or under common control with, the applicant; provided that "affiliated person" shall in no event mean the city or any creditor of the applicant solely by virtue of its status as a creditor and which is not otherwise an affiliated person by reason of owning a controlling interest in, being owned by, or being under common ownership, common management or common control with, the applicant.

Cable services means cable services as defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as may be further amended from time to time (the "cable act"), but does not include telecommunications services or private telecommunications services. In the event that "cable services" is no longer defined in the cable act or the definition in the cable act otherwise becomes inapplicable, "cable services" shall mean cable services as defined in the cable act immediately prior to such term no longer being defined in the cable act or such definition otherwise becoming inapplicable.

Cable system means any cable system as defined in the cable act.

City means the City of Riverdale.

City council means the city council of the city and its designee or any successor thereto.

Control or controlling interest means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the applicant or the telecommunications system in the streets. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than five percent of any person (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest" as used herein may be held simultaneously by more than one person or group of persons.

Franchise means an initial authorization, or renewal thereof, issued by the city in accordance with the provisions of this article, which authorizes the occupation and use of the streets to provide telecommunications services.

Grantee means the legal entity to which is granted the right, authority and responsibility to construct, install, operate and maintain a system of equipment as necessary to:

(1)

Furnish, supply and distribute telecommunications services to any locations or persons in the franchise or license area;

(2)

Provide private telecommunications services along licensed routes pursuant to a license; or

(3)

Transport telecommunications services across the city along licensed routes pursuant to a license without terminating or originating any telecommunications services at or from any person or location in the city.

May is permissive.

Ordinance means the ordinance from which this chapter derives (Ord. No. 00-18) and all modifications and amendments thereto.

Person means any individual or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not for profit, but shall not mean the city.

Private telecommunications services means the transmission of telecommunications by a person, regardless of the facilities used, for or in connection with the internal operations of such person's business, residence or employment and not for or in connection with the provision or offering of telecommunications services for sale or resale to any person, and shall not mean cable services.

Revocable license means an initial authorization or renewal thereof, issued by the city in accordance with the provisions of this chapter, which authorizes the occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in subsection 23-21(b) of this chapter.

Shall is mandatory, not merely directive.

Streets means the surface of, as well as the spaces above and below, any and all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks, parkways, public grounds or waters, and other public rights-of-way within or belonging to the city.

Telecommunications means telecommunications as defined by 47 U.S.C. § 153(43) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, but shall not include cable services.

Telecommunications service means telecommunications service as defined by 47 U.S.C. § 153(46) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, but shall not include cable services. In the event that "telecommunications service" is no longer defined in the communications act or the definition in the communications act otherwise becomes inapplicable, "telecommunications service" shall mean telecommunications service as defined in the communications act immediately prior to such term no longer being defined in the communications act or such definition otherwise becoming inapplicable.

Telecommunications system means the system in the franchise or license area over which telecommunications service or private telecommunications service is provided, and to be constructed, operated and maintained by a grantee pursuant to a franchise or license ordinance or agreement.

(Ord. No. 00-18, § I, 10-23-00)