§ 8AA-150. Definitions.

(a)

Abandonment shall mean the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way.

(b)

Director shall mean the Director of the Consumer Services Department.

(c)

Facility for purposes of this article shall mean a "Cable System" as defined by Article I of this chapter or a "Communications Facility" as defined by Article II of this chapter.

(d)

In Public Rights-of-Way or in the Public Rights-of-Way shall mean in, on, over, under or across the Public Rights-of-Way.

(e)

Place or Maintain or Placement or Maintenance or Placing or Maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities.

(f)

Permit shall mean a construction permit issued by the Public Works Department.

(g)

Provider for purposes of this article shall mean a provider of "Cable Service" as defined by Article I of this chapter or a "Communications Service Provider" as defined by Article II of this chapter.

(h)

Public Rights-of-Way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the County is the authority that has jurisdiction and control and may lawfully grant access to and issue permits pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights-of-Way" shall not include private property. "Public Rights-of-Way" shall not include any real or personal County property except as described above and shall not include County buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way.

(Ord. No. 01-109, § 5, 6-19-01)