§ 12-172. Definitions.

For the purposes of this division and any permit in accordance herewith, the following terms, phrases, words and their derivations shall have the meanings given herein unless otherwise specifically provided in this division, or unless the context clearly indicates otherwise, or unless such meanings would be inconsistent with the manifest intent of the city council.

Backhaul network means the physical network that connects micro cells and pico cells to a central switching point or the public switched telephone network (PSTN).

Cell site means the location of a transmitter/receiver and backhaul network interface which provides telephonic or telecommunications type service to subscribers. The locations include single pole mounted receiver/transmitter units, receiver/transmitter units located on new or existing antennas structures, receiver/transmitter units located in buildings and on roof tops.

FCC means the Federal Communications Commission or its legally appointed successor.

Local access transport area (LATA) means that geographic area and communication system in which the city is located and in which Southern Bell or subsequent telephone company is authorized by the public service commission of the state to provide local exchange access telecommunications services.

Local telephone service means:

(1)

The access to a local franchised telephone system, and the privilege of telephonic-quality communication, with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or

(2)

Any facility or service provided in connection with a service described in subsection (1).

The term "local telephone service" does not include any service which is a toll telephone service; personal communications service; private communication service; cellular mobile telephone or telecommunication service; regularized mobile telephone or telecommunication service; regularized mobile radio, or pagers and paging service, including but not limited to, "beepers" and any other form of mobile and portable one-way or two-way communication; or telephone typewriter or computer exchange service.

Micro cell means a transmitter/receiver system used to communicate to the subscriber's handset; typically with a range of six hundred (600) to one thousand (1,000) meters.

Pico cell means a transmitter/receiver system used to communicate to the subscriber's handset; typically with a range of two hundred (200) to six hundred (600) meters.

Permittee means the person, organization, firm, profit or not-for-profit corporation, or its legal successor in interest who is issued a wireless communication permit or permits in accordance with the provisions of this division for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a wireless communications system in the city.

Private communications system means any system of communications lines, cables, equipment or facilities which are used to provide a telephone, video, data, telemetry, intercom or telecommunications service that in any manner occupies easements, streets, public ways or public places within the corporate limits of the city, as now or in the future may exist. "Private communications system" does not include any part of a state-franchised or municipally franchised local exchange telephone company or part of a cable television system or telephone system franchised by the city, or any part of a federal-, state-, county-or local government-owned telecommunications system.

Toll telephone service means:

(1)

A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or

(2)

A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area (LATA) in which the station provided with this service is located.

Total gross revenues means all cash, credits, or property of any kind or nature reported as revenue items to the permittee's audited income statements arising from or attributable to the sale, lease, rental or exchange of wireless communications services or equipment by the permittee within the city, or in any way derived from the operation of its wireless communications system, including, but not limited to, any interconnection between its system in the city and any system whatsoever. This sum shall be the basis for computing the fee imposed pursuant to subsection 12-171(b)(2). Such sum shall not include any bad debts, deposits, promotional or vendor discounts or credits, no sales, service, occupation or other excise tax to the extent that such taxes are charged separately from normal service charges and are remitted by the permittee directly to the taxing authority.

Wireless communication permit means the privilege granted by the city by which it authorizes a person, firm or corporation to erect, construct, reconstruct, operate, dismantle, test, use, maintain, repair, rebuild or replace a wireless communications system that occupies any portion of the streets, public ways or public places within the city. Any permit issued in accordance herewith shall be a nonexclusive permit.

Wireless communications system means any system which uses a form of cellular telephony which allows business and residential subscribers to access and/or make telephone calls to each other through the wireless telecommunications system or over the public switched telephone network (PSTN) using small cordless telephone devices which communicate with limited range cells (transmitter/receiver sites) connected to a backhaul network.

(Ord. No. 11O-06-126, § 1, 6-27-11)