§ 20.5-2. Definitions.

As used in this chapter, the following terms shall have the meanings set out:

Applicant means a telecommunications provider that applies for consent or a franchise pursuant to this chapter. An applicant shall have applied for all regulatory authority required pursuant to subsection 20.5-4(c) hereof.

Consent agreement means an agreement that authorizes a telecommunications provider that does not serve customers within the city to construct and operate transmission lines using city streets.

Franchise means, for the purposes of this chapter, a special privilege granted by the city pursuant to state law to permit the use of city rights-of-way by a person for the purpose of installing, maintaining, repairing or operating telecommunications facilities.

Franchise fee means compensation paid to the city by the telecommunications provider in exchange for the use of the city's streets. For the purposes of this chapter this term includes a fee paid pursuant to a consent agreement.

Gross revenues means all revenue regardless of the source, received directly or indirectly, including in-kind services or goods, by a telecommunications provider from or in connection with the retail delivery of telecommunications services in the city, provided, however, that "gross revenues" shall not include any taxes on services which are imposed directly on any customer of a telecommunications provider by the United States, the State of South Carolina, the city, the school board, or any other governmental unit and which are collected on behalf of such governmental unit. "Gross revenues" does not include wholesale revenues derived from the sale or lease of capacity, bundled or unbundled elements of a telecommunications system, or telecommunications services to a telecommunications provider.

Person means any individual, resident, citizen, business, firm, corporation, partnership, governmental agency, other business entity, or institution.

Streets means all streets, roads, highways, alleys, rights-of-way, utility easements, public property, public ways and air space over such streets, roads, highways, alleys, rights-of-way, utility easements, public property and public ways located within the geographic limits of the city.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video and voice), without change in the form or content of the information sent and received.

Telecommunications facilities or facilities means all conduits, manholes, poles, antennas, transceivers, wires, cable (including fiber optic cable) and appurtenances owned or utilized by a telecommunications provider and located in, under or over the streets, utility easements, public property, and public ways of the city and utilized in the provision of telecommunications services, including digital or analog, voice, data, and video imaging and any other telecommunications services.

Telecommunications provider or provider means any person, including its affiliates and subsidiaries, other than the city, that provides, or is applying to provide, telecommunications services within the geographic boundaries of the city by utilizing its own telecommunications facilities to provide telecommunications services. A person that has transmission lines within, upon, over or under city streets, whether or not that person provides services within the city, is included within this definition for the purposes of this chapter.

Telecommunications services or services means any activity for delivering telecommunications by a telecommunications provider within the geographic boundaries of the city that the provider is authorized to provide under federal, state and local law, except that these terms do not include "cable service" as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, 47 U.S.C. § 521 et seq., and the Telecommunications Act of 1996.

Transmission line means a telecommunications facility that is used solely for the purpose of transmitting signals from one point outside the city to another point outside the city and does not include a line for the purpose of delivering telecommunications services to any person in the city.

(Ord. No. 98-31, § 2, 6-23-98)