Affiliate means a person that (directly or indirectly) owns or controls, is owned, or controlled by, or is under common ownership or control with another person.

Annual gross revenue means all cash, credits, property of any kind or nature, or other consideration received directly or indirectly by the licensee or franchisee, its affiliates, subsidiaries, parent and any person in which the licensee or franchisee has a financial interest, arising from or attributable to the sale or exchange of long distance competitive access or competitive telecommunications services by the licensee within the Town or in any way derived from the operation of its system, including, but not limited to:

This sum shall be the basis for computing the fees listed in this chapter.

ACC or the Arizona Corporation Commission means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Arizona.

Applicant means a person, as defined in this chapter, who submits a written proposal or response to the town’s request for proposals to provide competitive telecommunications service to the city.

Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C. Section 532, et seq., as now and hereafter amended, including the Telecommunications Act of 1996.

Competitive telecommunications service means the provision of long distance competitive access and/or any telecommunications service where customers of the service within the town have or likely to have reasonable available alternatives, as determined by the mayor and council after public notice and opportunity to comment, or when so classified by the Arizona Corporation Commission by rule or order duly adopted and published. Competitive telecommunications service does not include cable service, as defined in Section 602(6) of the Federal Cable Act, or the distribution of video programming directly to one or more of a multiplicity of subscribers to a cable system as defined in Section 602(7) of the federal act, 47 USC Sections 522(6) and (7) which is subject to local governmental regulation under the Act.

Corporate Authorities means the Mayor and Council of the Town.

Excess capacity means the volume or capacity in any existing or future duct, conduit, manhole, handhold, or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.

FCC or Federal Communications Commission means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

Franchise means a grant of authority to a telecommunications company to place facilities in the public streets and other municipally owned right-of-way for the purpose of providing competitive telecommunications services.

Grantee means the person or company receiving a License or Franchise agreement.

License means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling the license holder to provide long distance competitive access or competitive telecommunications services.

Licensee means a person who, in accordance with the provisions of this chapter and the town’s request for proposals, executes a license agreement with the town for the nonexclusive privilege to provide long distance competitive access service in the Town.

Long distance competitive access service means the instantaneous transmission for hire of voice or data signals by digital high speed fiber optic (or other) transmission capacity to carry interstate voice and data signals only to (a) carry interexchange carrier traffic between interexchange carrier points of presence, or (b) to connect customer locations to interexhange carrier points of presence.

Other ways means the highways, streets, alleys, utility easements or other rights of way within the Town, but under the jurisdiction and control of a governmental entity other than the Town. See “public ways” in this section.

Overhead facilities means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Person means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

Proposal means an applicant’s formal written response to the city’s request for proposals to provide long distance competitive services or telecommunications services to the town, pursuant to this chapter. Upon award by the town of a license or franchise, the proposal shall become a part of the license or franchise agreement.

Public street means any highway, street, alley or any other public right of way which may or may not be for motor vehicle travel under the jurisdiction and control of the Town which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities. A “street” means the surface, the air space above the surface and the area below the surface of any public streets, roadways, highways, avenues, lanes, alleys, courts, places, curbs, sidewalks, easements, rights-of-way, or other public ways in the town which have been or may hereafter be dedicated to or otherwise acquired by the Town.

Public ways means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Town, but only to the extent of the Town’s right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.

State means the State of Arizona.

Surplus space means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Arizona Corporation Commission, to allow its use by a telecommunications carrier for a pole attachment.

Telecommunications carrier means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the Town, uses or to be used for the purpose of offering telecommunications service.

Telecommunications facilities means the plant, equipment and property, including but not limited, cables, wires conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunications provider means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.

Telecommunications service 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.

Telecommunications System. See “Telecommunications facilities”.

Town means the Town of Oro Valley, Arizona.

Town property means and includes all real property owned by the Town, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Town, which are not subject to right-of-way licensing and franchising.

Underground facilities means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.

Usable space means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Arizona Corporation Commission or any other regulatory agency.

Utility easement means any easement owned by the Town and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.

Utility facilities means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Town and used or to be used for the purpose of providing utility or telecommunications services. ((O)97-03, 02/05/1997)