Sec. 80-61Definitions

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

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 venturer partner, of the applicant; and

(4) Each person, directly or indirectly, controlling, controlled by, or under common control with, the applicant;

provided that the term "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 (referred to in this article as the Cable Act), but does not include telecommunications services or private telecommunications services. If the term "cable services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise becomes inapplicable, the term "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 council means the city council of the city and its designee or any successor thereto.

Control and controlling interest mean 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 referred to in this article as controlling person). Control or controlling interest as used in this article 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.

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 article, 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 section 80-64(b).

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 USC 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 USC 153(46) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, but shall not include cable services. If the term "telecommunications service" is no longer defined in the Communications Act or the definition in the Communications Act otherwise becomes inapplicable, the term "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 becomes 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.

History: (Ord. No. 00-07, § 1, 12-5-2000)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, O.C.G.A. § 46-5-3.