§ 28-74. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of Waxahachie.

Certificated Telecommunications Provider or "CTP" means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission or "PUC" to offer local exchange telephone service or a person who provides voice service as defined by V.T.C.A., Local Government Code ch. 283 or "the Act".

Director means the Director of Public Works for the City of Waxahachie or his/her designee.

Facilities means any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated physical equipment placed in, on or under the public rights-of-way.

Franchise means the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, ordinance, permit, license, resolution, contract, certificate, or agreement.

Network node means equipment at a fixed location that enables wireless communications between user equipment and a communication network.

Network provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node.

Person means any entity, whether a natural person, partnership, corporation of any type, joint venture, or any other legal entity.

Street or public way or public right-of-way or public rights-of-way or rights-of-way or right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.

Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.

Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.

Wireless service provider means a person that provides wireless services to the public.

(Ord. No. 2342, 11-7-05; Ord. No. 2961, § 2, 8-21-17 )