§ 1202. Definitions.

For the purposes of this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and words defined in upper and lower case shall have the same meaning as words in all lower case. Words used in the masculine gender comprehend, as well, the feminine gender and neuter. The words "and" and "or" may be read conjunctively or disjunctively. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this chapter shall be given the meaning set forth in Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended.

Affiliate means a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person.

Arterial rights-of-way means the vehicle traffic lanes under the control and maintenance jurisdiction of the City of Tulsa, including the strips of land on each side thereof, on freeways, parkways, special traffic ways primary, secondary and urban arterial streets, all as defined and established by the adopted and currently effective Tulsa City-County Major Street and Highway Plan. The term shall also apply and have reference to the street system within Tulsa's Central Business District, as defined in the City of Tulsa's adopted Comprehensive Plan, and more particularly described as the street network bounded on the east by the east leg of the inner dispersal loop, the west by I-244, north by I-244 and on the south by the Broken Arrow Expressway. The rights-of-way administrator shall maintain copies of the referenced plan maps for the convenient reference by rights-of way occupants.

Basic local service means a terrestrial telecommunications service that employs an access line and dial tone (or the equivalent thereof) to provide access from the premises of residential or business customers to other lines for the transmission of, among other things, two-way switched or voice or data communication in the local calling area without additional, usage-sensitive charges, including:

(1)

Voice grade access to the public switched network, with the ability to place or receive calls;

(2)

A primary directory listing;

(3)

Dual-tone multi-frequency (DTMF) signaling or its functional equivalent, also known as touch tone service;

(4)

Single-party service;

(5)

Access to operator services;

(6)

Access to directory assistance services;

(7)

Access to telecommunications relay services for the deaf or hard-of-hearing;

(8)

Access to nine-one-one service where provided by a local governmental authority or multi-jurisdictional authority;

(9)

Access to interexchange long distance services;

(10)

Data communications via a modern attached to a voice line with access to the public switched telephone network; and

(11)

Provision of services or facilities to resellers of any of these services.

This definition does not include the resale of services to subscribers, or the provision of wireless telephone service.

Cable service. The one-way transmission to subscribers of video and audio programming or other programming services and subscriber interaction, if any, which is required for the selection or use of video and audio programming or other programming services provided through electric or electronic signals, or which utilizes a cable system, an open video system or any other facility designed to provided video and audio programming services to subscribers, but excluding IP video service. By the exclusion of IP video service from this definition of cable service, the City shall not be deemed to have waived any of its rights to assert that any ROW occupant providing IP video service is providing cable service.

Cable television system or cable system or system. Facilities consisting of antennae, coaxial cables, fiber optic cables, wave guides, conductors or other closed transmission paths and associated signal generation, reception and control equipment, and other equipment designed to provide cable service or cable service and communications service to subscribers and users.

Channel means a portion of the electromagnetic frequency spectrum which is used to provide cable service and which is capable of transmitting a television channel as defined by the Federal Communications Commission.

City means the City of Tulsa.

Communications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to the effectively available directly to the public, regardless of the facilities used. Communication service shall also include, but not necessarily be limited to, basic local service, enhanced service, digital transmission service and non digital point to point or private line service. Communication service does not include cable service.

Communications service gross revenues means all revenues received from or in respect of subscribers to or users of communication services exclusive of revenues received from the imposition of City, state or federal taxes or fees.

Digital transmission service means digital transmission services, including but not limited to the following:

(1)

Digital subscriber line (DSL);

(2)

Asynchronous transfer mode (ATM);

(3)

Packet switched data;

(4)

Frame relay;

(5)

Integrated services digital network (ISDN);

(6)

Dedicated digital or switched digital connections, including but not limited to fractional T-I, T-1 and higher capacity offerings (i.e., OC-3); and

(7)

Virtual private networks provided by LEC's within the City of Tulsa.

Emergency means a condition that poses a clear and immediate danger to life or health, of a significant loss of property, or requires immediate repair or replacement in order to restore service to the public or a customer.

Elevation view means the product of the equipment's maximum height and width utilizing the largest side of the equipment. (For example, an equipment cabinet with exterior dimensions of three (3) feet × four (4) feet × two (2) feet would have an elevation view of twelve (12) square feet; a generator with exterior dimensions of four (4) feet × four (4) feet × five (5) feet would have an elevation view of twenty (20) square feet; and, a traffic control box with exterior dimensions of seven (7) feet × two (2) feet × four (4) feet would have an elevation view of twenty-eight (28) square feet.

Enhanced service means a service that is delivered over communications transmission facilities (whether owned or leased), including but not limited to:

(1)

That which changes the content, format, code or protocol of transmitted information;

(2)

Provides the customer new or restructured information;

(3)

Involves end-user interaction with information stored in a computer;

(4)

Service enhancements and features, including but not limited to call forwarding, call waiting, caller ID, automatic call back, call return, three-way calling, speed dialing or assisted dialing; and

(5)

Provision of services or facilities to resellers of any of these services.

This definition does not include the resale of services to subscribers, or the provision of wireless telephone service.

Excavate means to dig into, around or under, or in any way remove or physically disturb or penetrate any part of the rights-of-way, including but not limited to boring, blasting, pushing and drilling holes for the installation of poles or conduit.

Facility or facilities means all or any part of a collective system of tangible things, including but not limited to pipelines, conduits, copper or fiber optic cabling, pedestals, guy wires, anchors, vaults, junction boxes, utility poles and electrical wiring, that is partly or entirely located in the rights-of-way and is used for the transmission of goods or services, including but not limited to natural gas, steam, chilled or potable water, electricity, video service or telecommunications service, regardless of whether the services are provided for a fee, or provided to the general public, to a limited group of private users, or solely for the benefit of the owner of the system.

Franchise holder means a holder of an approved public service franchise.

IP video service, internet protocol video service or internet protocol (IP)-enabled video service means the provision of video programming over an IP video system. This term shall not include any video programming provided as part of a service that enables users to access content, information, e-mail or other services offered over the public Internet. By identifying itself as a provider of IP video service as provided in this definition, a ROW occupant shall not be deemed to have waived any of its rights to assert that the provision of IP video service is not subject to regulations provided in this chapter.

IP video system means any facility using a switched (point-to-point) network architecture and using an internet protocol (IP) platform to provide IP video service to multiple subscribers within the City.

Local exchange carrier (LEC) means any person that is engaged in the provision of telephone exchange service or exchange access over facilities located in the rights-of-way. This definition includes incumbent carriers, competitive access carriers, alternative carriers and integrated telecommunications service providers. This definition also includes subsidiaries of LEC's and carriers providing only or mainly specialized and broadband telecommunications services.

If an LEC employs a mix of terrestrial or guided media and wireless technologies, such as last mile radio or optical access, that LEC is not considered a wireless telephone service provider.

Major project means projects that exceed five hundred (500) feet in length, or require boring under an arterial rights-of-way, or the cutting of any pavement in an arterial rights-of-way, or involve the installation of an additional transmission pole, or the blockage of any traveling lane in any arterial rights-of-way, for any amount of time.

Mayor means the Mayor of the City of Tulsa as established by the Charter of the City of Tulsa.

Non-digital point to point or private line service means service over facilities dedicated for the use of a particular subscriber or carrying transmissions solely between specified points on behalf of such a subscriber, including but not limited to the following:

(1)

E and M tie trunks; and

(2)

Other lines or circuits for telemetry, signaling or other uses.

This definition does not include the resale of services to subscribers, or the provision of wireless telephone service.

Obstruct means to place any tangible object or material in the rights-of-way in a manner that stops, hinders, disrupts or otherwise interferes with free and open passage over a specific area or part of the rights-of-way. The term does not include the otherwise legal parking of a vehicle subject to all the current parking regulations of Title 37, Tulsa Revised Ordinances.

Occupancy permit means a grant of authority from the City to occupy the rights-of-way for the purposes of placing, owning, operating or managing facilities in the rights-of-way.

Occupancy permit holder means any person holding an occupancy permit.

Open video system (OVS) means any facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City, provided that the Federal Communications Commission (FCC) has certified that such system complies with Title 47 United States Code, Section 573 and Title 47 Code of Federal Regulations, Subpart S, as amended.

Permittee means any person to whom a ROW construction permit has been issued.

Person means any natural or corporate person, business association or other business entity, including but not limited to a partnership, a sole proprietorship, a political subdivision, a public or private agency or authority of any kind, a utility, a successor or assign of any of the foregoing or any other legal entity, but not the City.

Professional liability insurance means liability insurance including those requirements commonly defined as malpractice insurance, which provides protection from loss sustained because of error or oversight in advice given or expertise relied upon as integral to the project.

Public service franchise means the authorization granted by the City, and approved by a vote of the people, giving the grantee the nonexclusive right to provide, through public facilities maintained or operated upon, across, beneath or over any rights-of-way in the City, any general public service, including heat, light, power, refrigeration or steam, but not including telecommunications services or cable television service, within a defined franchise area.

Rights-of-way occupancy fee means an annual charge that recovers an apportioned share of the actual costs to the City of acquiring and maintaining the arterial rights-of-way.

Rights-of-way construction permit or ROW construction permit means an authorization to excavate in or obstruct rights-of-way at a specific place and time, for the purposes of installing, constructing or maintaining facilities within a specified portion of rights-of-way.

Rights-of-way occupant or ROW occupant means a person that owns, manages, operates, controls or has the ability to directly affect the facilities located in the rights-of-way.

Rights-of-way or ROW means the surface, the airspace above ground and the area below the surface of any public street, highway, parkway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, adjacent easement or similar property in which the City now or hereafter holds a property interest and/or a maintenance responsibility which, consistent with the purposes for which it was dedicated, may be used for the purpose of constructing, installing, operating and maintaining facilities of any kind, including but not limited to conduits, pipelines, cables, utility poles, junction boxes and duct banks. Rights-of-way does not include buildings, parks or other property owned or leased by the City, its trusts or authorities, but does include all arterial rights-of-way as defined by this chapter. No reference herein, or in any franchise agreement or occupancy permit yet to be negotiated, to any rights-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 franchise holder or occupancy permit holder shall be deemed to gain only those rights to use as are properly in the City and as the City may have the right and power to give.

Should the ROW occupant desire the City to investigate whether the City can make a representation or guarantee that its interest or other right to control the use of such property is sufficient to permit the ROW occupant's use for such purposes, then the ROW occupant shall submit, in advance, sufficient funds to cover all costs associated with such an investigation by the City including but not limited to, attorney fees, surveyor fees, title examination fees and title insurance fees.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received, as defined in the Communications Act of 1934, as amended.

Thermal service means the sale of chilled water and steam.

Thermal service gross revenues means all revenues received from or in respect of thermal service exclusive of revenues received form the imposition of City, state or federal taxes or fees.

Transfer means any transaction in which:

(1)

All or a portion of a ROW occupant's facilities is sold or assigned;

(2)

There is any change, acquisition, direct or indirect transfer of control of the ROW occupant; or

(3)

The rights or obligations held by the ROW occupant are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another party.

Traveling surface means that portion of the arterial rights-of-way, paved with either asphalt or concrete, or other material designed to support vehicular traffic, lying between those portions of the arterial rights-of-way that are unpaved.

Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in Section 522(20) of Title 47 of the United States Code.

Video service means any cable service, IP video service, internet protocol video service or internet protocol (IP)-enabled video programming service provided through facilities that are partly or entirely located in the rights-of-way, without regard to delivery technology.

Video service gross revenue means recurring charges for video services; event based charges for video services, including but not limited to pay-per-view and video on demand charges; rental of set top boxes and other video services equipment; service charges related to the provision of video services, including, but not limited to, activation, installation, and repair; administrative charges related to the provision of video services, including, but not limited to, service order and service termination charges; amounts billed to video service subscribers to recover the fees authorized by this chapter; a pro rata portion of all revenue collected by the video service provider pursuant to compensation arrangements for advertising (less any commissions received from any third parties for advertising) and home-shopping sales derived from the operation of the video service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates or discounts the video services provider may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home-shopping revenue referred to above shall be based on the number of subscribers within the City, divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Video service gross revenues shall not include:

(1)

Uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected;

(2)

Late payment fees;

(3)

Revenues from contracts for in-home maintenance service unless they relate solely to maintenance on equipment used only for the provisioning of video services and not for the provisioning of any other service;

(4)

Amounts billed to video service subscribers to recover taxes, fees or surcharges imposed upon video service subscribers in connection with the provision of video services, other than the video services provider fee authorized by this chapter;

(5)

Revenue from the sale of capital assets or surplus equipment; or

(6)

Charges, other than those described in the opening paragraph of this definition, that are aggregated or bundled with amounts billed to video service subscribers.

(Ord. Nos. 19945, 20956, 21282, 21393; Ord. No. 22146, § 1, 10-15-2009)