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Terms used in this Chapter shall have the following meanings:

A. “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.

B. “Business Registration” means a requirement of all telecommunications and cable providers who are not otherwise required to license or franchise with the City.

C. “Cable Acts” means the Federal Cable Communications Policy Act of 1984, as amended by the Federal Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of the Federal Telecommunications Act of 1996, and as hereafter amended.

D. “Cable Facilities” see “Facilities”

E. “Cable Operator” shall have the same meaning as defined in the Cable Acts.

F. “Cable Service” shall have the same meaning as defined in the Cable Acts.

G. “City” means City of Moses Lake.

H. “City Council” means the Moses Lake City Council.

I. “City Manager” means the office of the Moses Lake City Manager or designee.

J. “Development Standards” are the City’s Community Development Standards.

K. “Director” means the City’s Municipal Services Director or designee.

L. “Excess Capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will be available for use for additional telecommunications or cable facilities.

M. “Facilities” or “Facilities” means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, pedestals, antennae, electronics, cables, wires, plant, and other appurtenances and equipment located under, on or above the surface of the ground within the right-of-way of the City and used or to be used for the purpose of providing Utility Services or transmitting, receiving, distributing, providing, or offering Telecommunications Services.

N. “FCC” or “Federal Communications Commission” means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and cable operators on a national level.

O. “Franchise” an agreement required with any telecommunications carrier or cable operator who desires to construct, install, operate, maintain or otherwise locate facilities in rights-of-way and to also provide telecommunications or cable services to persons or areas in the City.

P. “Grantee” means telecommunications carriers and cable operators granted rights and bound by obligations as more fully described herein.

Q. “License” is an agreement with any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in rights-of-way and to also provide telecommunications services exclusively to persons and areas outside the City.

R. “Open Video System” means those systems defined and regulated as open video systems by the Federal Communications Commission, pursuant to Section 653 of the Federal Communications Act of 1934, as amended, 47 U.S.C. §573.

S. “Ordinance” means this ordinance, Chapter 5.60 of the Moses Lake Municipal Code.

T. “Overhead Facilities” means telecommunications and/or cable facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

U. “Person” means corporations, companies, associations, firms, partnerships, limited liability companies, other entities and individuals.

V. “Rights-of-Way” includes the surface of and space above and below any real property in the City in which the City has any interest whether in fee, easements, or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways, parks, trails, or any other public place, area or property under the control of the City.

W. “Service Connection” means a connection made to a telecommunications facility and/or cable facility for the purpose of providing telecommunications or cable services.

X. “State” means the State of Washington.

Y. “Surplus Space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.

Z. “Telecommunications Carrier” for purposes of this chapter includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, structures, or property within the City, used or to be used for the purpose of offering telecommunications service. Provided, however, this does not include lessees that solely lease bandwidth (and do not own telecommunications facilities within the City of Moses Lake).

AA. “Telecommunications Facilities” see “Facilities”

BB. “Telecommunications Service” means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service(s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, provided, however, for the purposes of this Chapter, cable service shall not be considered a telecommunications service.

CC. “Underground Facilities” means telecommunications and/or cable facilities located under the surface of the ground, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead facilities.

DD. “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized under Title 80 of the Revised Code of Washington to regulate and oversee telecommunications carriers, services and telecommunications providers in the State of Washington to the extent prescribed by law.

EE. “Work” means all construction, alteration, enlargement, improvement, repair, and/or demolition of a facility which has not been previously authorized by franchise, lease, or permit. (Ord. 2016, 5/22/01)