§ 32-108. Definitions.

For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The words "shall," "will" and "must" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended (collectively the "Communications Act"), and, if not defined therein, as defined by F.S. ch. 202, or F.S. ch. 337, and, if not defined therein, be construed to mean the common and ordinary meaning:

Abandonment means the permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "abandonment" of a facility in the public rights-of-way.

Affiliate means each person, directly or indirectly, controlling, controlled by, or under common control with a communications services provider that is registered with the town; provided that affiliate shall in no event mean any limited partner, member, or shareholder holding an interest of less than 15 percent in such communications services provider.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services or other communications services.

Article means the Windermere Communications Right-of-Way Utilization Ordinance, codified as article III of chapter 32 of the town Code pursuant to that ordinance enacted by town council, as may be amended or supplemented from time to time.

At-grade facility means such a facility is a communications facility the structure of which is affixed to the ground at-grade with a portion of the structure extending vertically above grade. At-grade facilities may also, but not necessarily, extend vertically below grade. Utility poles and ground-mounted equipment installed as part of a small wireless facility shall not be considered at-grade facilities.

Below-grade facility means a communications facility, including manholes or access points, that are entirely contained below-grade within the public rights-of-way. A below-grade facility is a type of wireline facility.

Collocate or collocation means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way, nor does it include interconnection of communications facilities or the sale or purchase of capatown (whether bundled or unbundled).

Communications facility, facilities or systems means any facility, equipment or property, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances, wireless facilities, wireless support structure, wireline backhaul facilities, located, to be located, used, or intended to be used, in the public rights-of-way of the town.

Communications services shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised, including wireless services, regardless of the protocol used for such transmission or conveyance, open video system, cable service.

Communications services provider shall refer to any person making available or providing communications services, as defined herein, or a wireless infrastructure provider.

Development permit means the permit required under section 32-111, town Code, prior to commencement of any placement or maintenance of communication facilities in the public rights-of-way.

In the public rights-of-way means in, along, on, over, under, across or through the public rights-of-way.

Law means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 USC § 151 et seq. as amended, all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Council or the governing state authority pursuant thereto, F.S. § 337.401, as amended, and all state statutes and regulations issued by state agencies pursuant thereto.

Pass-through facilities means the facilities for a communication system that merely pass through the town from one point to another point and from which no revenues are directly attributable to subscribers or other carriers within the town.

Pass-through provider means any person, municipality or county that places or maintains a communications system or communications facilities in the public rights-of-way but who does not provide communications services, including for example a company that places "dark fiber" or conduit in the public rights-of-way and leases or otherwise provides those facilities to another company that does provide communications services to an end user. This definition of "pass-through provider" is intended to include any person that places or maintains "pass-through facilities" in the public rights-of-way, but does not provide communications services to an end user within the corporate limits of the town.

Person means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any affiliate, successor, assignee, transferee or personal representative thereof, and all other groups or combinations, and shall include the town to the extent that the town acts as a communications services provider.

Placement or maintenance or placing or maintaining or other similar formulation of that term means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. To the extent required by applicable law, a party providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing or maintaining facilities in the public rights-of-way.

Public rights-of-way means land in which the town owns the fee or has an easement devoted to or required for use as a transportation facility, as that term is defined in F.S. § 334.03(21). "Public rights-of-way" shall not include (a) county, state or federal rights-of-way, (b) property owned by any person other than the town, (c) service entrances or driveways leading from the road or street onto adjoining property or (d) except as described above, any real or personal property of the town, such as, but not limited to, town parks, buildings, fixtures, conduits, water lines, sewer lines, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Public service commission or PSC means the agency for the State of Florida charged with the powers and duties conferred upon it by F.S. ch. 364.

Registrant or facility owner means a communications service provider or other person which seeks to use or occupy the public rights-of-way that has registered with the town in accordance with the provisions of this article.

Registration or register other similar formulation of that term means the process described in section 32-109 herein whereby a communications services provider provides certain information to the town.

Town means the Town of Windermere, Florida, a municipal corporation organized and existing under the laws of the State of Florida.

Town Code or Code of Ordinances means the Code of Ordinances of the Town of Windermere, Florida.

Town council means the governing body for the town.

Town utility pole means a utility pole owned by the town in the right-of-way.

Utility pole means a pole or similar structure used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights, but does not include any horizontal structures upon which are attached signal lights or other traffic control devices and does not include any pole or similar structure 15 feet in height or less unless the town grants a waiver for the pole. The term does not include a utility pole owned by the town, nor does it include any other utility pole exempt from such term pursuant to F.S. § 337.401. A utility pole also qualifies as a "communication tower" under section 7.02.06, Land Development Code, if a wireless infrastructure provider proposes to install a new utility pole pursuant to section 32-113(b)(4).

Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

Wireline facility means an aerial facility used to provide communications services or a below-grade facility. The term includes wireline backhaul facilities associated with a wireless facility and coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna of a wireless facility.

(Ord. No. 2018-09, § 1, 12-11-2018)