§ 30-45. Definitions.

For the purposes of this Act, the following words, terms, phrases, and their derivations shall have the meanings given herein. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto throughout this Code of the City of New Orleans. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Act means the Wireline Telecommunications Franchise Act, codified as Chapter 30, Article II, Division 2 of the Code of the City of New Orleans, and also means the Ordinance of General Application.

Application or Franchise Application means the documents submitted by a potential Grantee, in the form required by the Grantor, requesting permission to occupy the Rights-of-Way in the City for the purpose of providing a Wireline Telecommunications System.

Application Fee means the fee required of all potential Grantees under the provisions of Section 30-54 hereof.

Dark Fiber means unused fiber through which no light is transmitted or installed fiber optic cable not carrying a signal.

Day or Days means a calendar day or days.

Director means the Director of the Department of Finance of the City of New Orleans or a duly authorized representative.

Distributed Antenna System shall mean a system of individual Nodes, deployed throughout a target area and interconnected, via fiber, to a central location, or Hub, to provide wireless coverage to consumers. The Hub provides connectivity to the base station electronics for one or more Wireless Service Providers offering service through this system.

Emergency means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

Equipment and Plant means equipment, plant, fixtures, apparatus, facilities, appliances, and appurtenances common to and used now and in the future by Wireline Telecommunications Systems.

FCC means the Federal Communications Commission, its functional successor in the United States government or a designated representative.

Fair Market Value means, with regard to Wireline Telecommunications Services provided by Grantee, the price of such services as shown in Grantee's tariff, if any, on file with the LPSC. If the Wireline Telecommunications Services provided are not tariffed services, the Fair Market Value of those Wireline Telecommunications Services means the price that would be obtained therefor in an arms-length transaction. Fair Market Value is subject to verification by Grantor.

Franchise means the authority granted by ordinance to occupy the Rights-of-Way and Public Property in the City for the use, installation, maintenance and/or repair of Wireline Telecommunications Systems. Each Franchise shall consist of referenced specifications, Franchise Applications, and other related material.

Franchise Fee means the compensation payable by a Grantee to the Grantor as consideration for the Grantor's permission for the Grantee to occupy the limited Rights-of-Way of the City and as compensation for the deterioration in the overall condition of the Rights-of-Way, the diminution of the life expectancy and the degradation of the useful life of the Rights-of-Way, the cost of the administration of the Franchise and the premature expenditure of public funds for the repair and replacement of such Rights-of-Way.

Grantee means any Person to whom a Franchise is granted by the Grantor. This term shall not include affiliates, subsidiaries or entities otherwise related to Grantee.

Grantor means the City of New Orleans, as represented by the City Council acting within the scope of its jurisdiction.

Gross Receipts means all revenues collected by the Grantee for Wireline Telecommunications Services provided by the Grantee, its affiliates, successors, agents, subsidiaries, partners, or assigns to Customers located within the Orleans Parish, and including, but not limited to, charges for the provision of recurring and nonrecurring service, data and video service, telemessaging service, audio programming services, electronic publishing, language translation or data format conversion, caller identification services, alarm monitoring services, private line service, access charges, public telephone revenue, directory assistance, directory advertising, revenues from the authorized Lease of Equipment and Plant, and revenues from the resale of Wireline Telecommunications Services. Gross Receipts is not intended to cover revenue from Long Distance Network Service or wireless communication services. To the extent that the Grantee does not segregate Long Distance Network Service revenues from other revenues, or other revenues are commingled with Long Distance Network Service revenues, all such commingled revenues shall be included in Gross Receipts. Gross Receipts shall not include any sales or excise taxes collected for direct pass through to local, state, or federal governments. If Grantee participates in the provision of its Wireline Telecommunications System and/or associated assets with another Person whereby Grantee does not receive reasonable monetary compensation, then the Fair Market Value of the services or assets provided by Grantee shall be imputed to Grantee's Gross Receipts for the purpose of calculating Franchise Fees due to the Grantor. Without limitation of the foregoing, the Fair Market Value of Grantee's transactions resulting in Gross Receipts is subject to verification by Grantor.

Hub shall mean a common connection point or place of convergence where data arrives from one or more of the Nodes, or remote units, in a Distributed Antenna System.

Lease means the right, however framed or structured, and the document or agreement evidencing such right, granted by Grantee to a third party to occupy any of Grantee's Equipment and Plant for the transaction of the third party's business. The term does not include the provision of Grantee's Wireline Telecommunications Services to a reseller (a nonfacilities based provider), nor does it include the sale by the Grantee to a third party of any of Grantee's tariffed Wireline Telecommunications Services.

Long Distance Network Service shall mean those Wireline Telecommunications Services provided by Grantee, whether message or flat rate and including public network switching as well as private, that (i) either originate or terminate Toll Calls within the City, or (ii) pass through the City without originating or terminating Toll Calls therein. Revenues derived from Long Distance Network Service shall include those revenue accounts specified in 47 CFR Part 32, as amended.

LPSC means the Louisiana Public Service Commission or its functional successor in the government of the State of Louisiana.

Minority means a person or persons who are members of a group defined herein as African-American not of Hispanic origin, American Indian or Alaskan Native, Asian or Pacific Islander, or Hispanic.

Minority-Owned Business Enterprise or MBE means a business entity which is at least 51 percent owned by one or more members of one or more Minority groups as defined herein, or, in the case of a publicly held corporation, at least 51 percent of the stock is owned by one or more members of one or more Minority groups, and the management and daily business operations of which are controlled by one or more such individuals.

Network means any part of a Wireline Telecommunications System which may be in operation at any given time.

Node shall consist of, but not be limited to, a remote unit consisting of a distributed, repeater, or microcell antenna system mounted on a common elevated structure, including, but not limited to, a utility pole, stop sign, other utility structure, or public building within the City's Rights-of-Way or other Public Property, each of which shall be designed to minimize their visibility on such utility pole, stop sign, other utility structure, or public building and shall be subject to approval by the Department of Public Works and the City Planning Commission. Approval shall additionally be required by the Vieux Carré Commission or the Historic District Landmark Commission where the Distributed Antenna System is to be located within the geographical area of the respective historic district.

Occupy, Install, Maintain, Repair and/or Operate and Upgrade or Occupancy, Installation, Maintenance, Repair and/or Operation means locate, relocate, erect, string, hang, pull, push, install, dismantle, construct, reconstruct, take down, take off, put, place, replace, move, remove, dispose of, lay, take up, bury, dig up, retain, enlarge, extend, expand, operate, service, repair, install, maintain and/or upgrade.

Open Video System means a system through which a local exchange carrier (as defined in 47 U.S.C. § 153(44)) provides cable service to its cable subscribers in its telephone service area, that complies with 47 U.S.C. § 653 and regulations adopted thereunder by the FCC.

Ordinance of General Application to Wireline Telecommunications Companies and Services or Ordinances of General Application and Act shall have the same meaning herein.

Person means an individual, firm, partnership, association, corporation, company or organization of any kind or any lawful successor, transferee or assignee of such individual, firm, partnership, association, corporation, company or organization.

Private Communications System shall mean a Wireline Telecommunications System for Grantee's exclusive internal use. In the event a Private Communications System becomes available to third parties, it shall lose its character as a Private Communications System and shall be treated as a Wireline Telecommunications System.

Public Property means any immovable property owned or controlled by the City of New Orleans or any agency or subdivision thereof.

Right-of-Way or Rights-of-Way means the surface of, the space within, and the space above and below any public street, sidewalk, alley, or other public passage including poles, towers or other facilities located thereon of any type whatsoever now or hereafter existing as such within the City.

Section means any section, subsection, or provision of this Act.

Subscriber or Customer means any Person who or which elects to subscribe to or purchase, for any purpose, a service provided by the Grantee by means of, or in connection with, the Grantee's Wireline Telecommunications System.

Toll Call means a communication between two service points in different local exchanges transmitted by any physical units utilized in providing the communication excluding services furnished by a local exchange company out of the local exchange tariff.

Wireless Communications System means any system which uses a form of cellular telephony which allows customers to access and/or make telephone calls to each other through a system which transmits signals through the air or over the Public Switched Telephone Network (PSTN) using cordless telephone devices which communicate with limited range cells (transmitter/receiver sites) connected to a backhaul network.

Wireless Service Provider , also referred to herein as Wireless Communication System Provider , means a company that offers transmission services via a Wireless Communication System to users of wireless devices such as handheld computers, cellular telephones, and other wireless devises, through radio frequency signals rather than through end-to-end wire communication.

Wireline Telecommunications Service means services offered by means of a Telecommunications System.

Wireline Telecommunications System or System means the Equipment and Plant essential to the transmission, between or among points specified by the Subscriber, of information of the Subscriber's choosing (including the collection, storage, forwarding, switching, and delivery of such information), without change in the form or content of the information as sent and received, by means of an electromagnetic transmission, fiber optic media, wireless communications system, or any combination thereof. For the purpose of this Act, such terms shall include the provision of Long Distance Network Service, local exchange service, competitive local access services and video services. The specific type of Wireline Telecommunications Systems to be provided by a Grantee shall be as defined in the Franchise authorized pursuant to this Act.

Women-owned Business Enterprise or WBE means a business which is at least 51 percent owned by one or more women, or, in the case of a publicly held corporation, 51 percent of the stock is owned by one or more women, and the management and daily business operations of which are controlled by one or more women.

Year means a full calendar year.

(M.C.S., Ord. No. 17,560, § 1, 6-6-96; M.C.S., Ord. No. 21480, § 1, 4-1-04; M.C.S., Ord. No. 22082, § 2, 11-17-05)