§ 3.93.040. Defined terms.

For purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, and words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

"Access lines" means the following billed lines and trunks, whether provided on a retail or wholesale basis: residential lines; DSL and or ISDN lines (channels); PBX trunks; Centrex or Centrex-like stations; simulated exchange access lines provided by a central office based switching arrangement where all stations served by such simulated exchange access lines are used by a single customer of the provider of such arrangement; where stations are served by simulated exchange access lines provided by a central office based switching arrangement and the stations served are not used by a single customer of the provider of such arrangement, each station shall constitute an access line; and pay phone lines unless prohibited by applicable law. "Access line" shall include wireless telecommunications services subject to 47 C.F.R. Part 24. "Access line" shall not include the following: wireless telecommunications services subject to 47 C.F.R. Part 22; unbundled loop facilities; and special access services.

"Affiliate" means each person, directly or indirectly, controlling, controlled by, or under common control with a franchisee; provided that affiliate shall in no event mean any limited partner, member or shareholder holding an interest of less than fifteen percent of such franchisee.

"Antenna" means any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications. A combination of panels, boxes, or other antenna physically connected and designed in conjunction to receive signals at one location in the system shall be considered one antenna.

"Cable services" means:

1.

The one-way transmission to subscribers of video programming, or other programming service; and

2.

Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;

"City" means the City of Wichita, Kansas.

"Co-location" means the shared use of facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one right-of-way user in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity (whether bundled or unbundled).

"Communication service" or "service" means the transmission of writing, signs, signals, pictures, sounds or other forms of intelligence through cables, wires or lines, including, but not limited to, any "telecommunications service," "enhanced service," "information service," interconnection, including interconnect of cellular or PCS or other mobile services, "open video service," or "internet service," as such terms are now, or may in the future be, defined under federal law, and including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding and delivery of telecommunications) incidental to such transmission. This term does not include "cable services," but these services shall be subject to separate cable franchising requirements and application.

"Communications system" or "system" means the cables, wires, lines, optic fiber, and any associated converters, equipment, or other facilities designed, constructed or occupied by a franchisee or others for the purpose of producing, receiving, amplifying or distributing communications service to or from locations within the city.

"Facilities" means any portion of a system located in, along, over, upon, under or through the right-of-way.

"Franchise" or "agreement" means the individual franchises that are governed by this chapter and agreed to and executed by franchisee.

"Franchisee" means any entity who currently has a franchise granted by the city, or who is granted a franchise pursuant to this chapter and that entity's agents, employees, lawful successors, assignees or transferees.

"Franchise fee" means the fee imposed by the city on a franchisee pursuant to Article 4 of this chapter.

"Gross receipts" means all revenues received directly or indirectly by a franchisee or its affiliates for communications services that either originate or terminate within the corporate limits of the city, and all revenue derived from the use of facilities. This term shall be interpreted as expansively as legally permissible and shall incorporate any and all new services, technologies or sources of revenue that may develop over the course of the term of the franchise. For illustration purposes only, such gross receipts shall specifically include, but shall not be limited to, all revenue of a franchisee derived from the following:

1.

Recurring local exchange service revenues from businesses and residences which include basic telephone exchange service, touch tone, custom calling services and measured local calls;

2.

Recurring local exchange service revenues from public, semipublic and private coin telephone use;

3.

Local directory assistance (411);

4.

Line status verification/busy interrupt;

5.

Local operator assistance;

6.

Information delivery service;

7.

Cellular, PCS or other mobile revenue attributable to franchisee's use of right-of-way (such as interconnect fees, or cell sites connections);

8.

Nonrecurring local exchange service revenue, which shall include customer service charges for installation of lines and reconnection of service;

9.

Revenue received by the franchisee from reseller service providers, unless the reseller has a franchise with the city and directly pays a franchise fee or occupation tax on such revenues to the city;

10.

Internet/data access charges or services, including all high-speed and traditional subscriber line charges or services (such as, without limitation, T1, T3, OC3, frame relay, DSL, ISDN, cable modem, special access or point to point);

11.

Revenue from rent, lease, physical use, or co-location of the facilities or a portion thereof for any purpose;

12.

Late charges, penalties or interest received from customers;

13.

Sale of accounts receivable; and

14.

All other applicable revenues not listed herein.

"Gross receipts" shall not include revenues from cable services subject to a cable services franchise, from the provision of interexchange services or uncollected debt, and any federal, state or local taxes or franchise fees separately stated on a customer's bill. Provided, that a franchisee shall include uncollected debt in gross receipts at the time it is actually collected.

"License" means the individual grant of the right to use the right-of-way for a communications system solely for private use of the licensee and not for resale or lease to others.

"Licensee" means any entity granted a license pursuant to this chapter and not otherwise required by this chapter or state law to have a franchise.

"Linear foot" means the length in feet of cable, wire, fiber or other linear facilities physically connected, wrapped or lashed as a single cable or bundle of cables, or with respect to underground facilities, means the length of a conduit or an array of conduits contemporaneously installed during the same construction project by a single provider. Where applicable, a separate franchise shall be required for each separate entity who owns or controls facilities within an array of conduits.

"Open video services" means any video programming services provided to any person by a franchisee certified by the FCC to operate an open video system pursuant to Section 47 U.S.C. 573, as may be amended, regardless of the facilities used.

"Pass through service" means the facilities for a communication system that merely pass through the city from one point to another point and from which no gross receipts are directly attributable from subscribers or other carriers within the city.

"Public project" means any project planned or undertaken by the city or any governmental entity for construction, reconstruction, maintenance or repair of public facilities or improvements, or any other purpose of a public nature.

"Public project for private development" means a public project, or that portion thereof arising solely from a request or requirement of a third party (noncity or governmental) primarily for the benefit and use of a third party.

"Reseller service provider" means a person or business providing service within the city that does not own or control its own facilities in the right-of-way, but instead uses the right-of-way by interconnecting with or using the network elements of another service provider utilizing the right-of-way, and/or by leasing excess capacity from a facility-based service provider.

"Right-of-way" means the surface and space on, above and below every municipal street, alley, road, highway, lane or city right-of-way dedicated or commonly used now or hereafter for utility purposes, including but not limited to overhead lighting facilities, and including utility easements wherein the city now or hereafter acquires the right and authority to locate or permit the location of utilities consistent with communications facilities. This term shall not include any county, state, or federal right-of-way or any property owned or controlled by any person or agency other than the city, except as provided by applicable laws or pursuant to an agreement between the city and any such person or agency. "Right-of-way" shall not include property owned or held by the city and not typically considered rights-of-way such as city parks and city buildings.

"Wired access point antenna" means any antenna located in the right-of-way connected directly to wire, cable, or fiber optic communications facilities within the city or any antenna having its highest point positioned in the right-of-way at a height that is otherwise subject to separate zoning and wireless siting ordinances.

(Ord. No. 44-845 § 2.3)