13.15.020 Definitions.
The definitions in Chapter 13.16 BMC apply equally to this chapter. The following definitions also apply:
“Affiliate” means a person that owns or controls, is owned or controlled by, or is under common ownership or control with another person.
“Department” means the public works department.
“Director” means the city’s public works director and his or her designee.
“Facility” or “facilities” means the plant, equipment and property including but not limited to the poles, pipes, mains, conduits, ducts, pedestals, power meters, antennas, radios, electronics, cables, wires, plant, and other appurtenances and equipment located under, on or above the surface of the ground within the right-of-way and used or to be used for the purpose of providing utility services or telecommunications services.
“Franchise” means the initial authorization, or renewal thereof, approved by an ordinance of the city which authorizes the franchisee to construct, install, operate, maintain, remove, repair or replace facilities in the right-of-way for the provision of utility services or telecommunications services to the public. For purposes of this chapter, the term “franchise” does not include cable television franchises which are separately regulated under Chapter 6.17 BMC.
“Franchisee” means any person obtaining a franchise pursuant to this chapter.
“Person” means and includes corporations, companies, governmental entities, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers, but it does not mean or include the city.
“Right-of-way” means the land acquired or dedicated for public roads and streets but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;
3. Vacated rights-of-way, except utility easements retained in the vacation process;
4. Structures, including poles and conduits, located within the right-of-way;
5. Federally granted trust lands or forest board trust lands;
6. Lands owned or managed by the State Parks and Recreation Commission; or
7. Federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use.
“Telecommunications services” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information 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, but does not include “cable service” as that term is defined in Chapter 6.17 BMC.
“Utility services” means the generation, transmission or distribution of electric energy, natural gas, steam or liquid fuels. [Ord. 2018-09-015 § 1].