§ 19-322. Definitions

For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given to them:

(a) Agency means any governmental agency or quasi-governmental agency other than the city, including the FCC and the PUC.

(b) PUC means the California Public Utilities Commission.

(c) City means the City of Costa Mesa.

(d) Effective date means the date this franchise agreement is accepted by the franchisee.

(e) FCC means the Federal Communications Commission.

(f) Fee means any assessment, license, charge, fee, imposition, tax (but excluding any utility users' tax), or levy lawfully imposed by any governmental body.

(g) Franchise means the terms under which franchise is permitted to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace the radios in the public right-of-way as provided below.

(h) Franchisee means a person granted a franchise under this chapter by city council.

(i) Gross revenues means the gross dollar amount accrued on franchisee's books for services provided to its customers with billing addresses in the city, excluding (i) the franchise fee required by section 19-326 below, (ii) local, state, or federal taxes collected by franchisee that have been billed to the subscriber and separately stated on such bill, and (iii) revenue uncollectible from subscribers (i.e., bad debts) located in the city that were previously included in gross revenues.

(j) Laws means any and all judicial decisions, statutes, constitutions, ordinances, resolutions, regulations, rules, tariffs, administrative orders, certificates, orders, or other requirements of the city or other agency having joint or several jurisdiction over the parties to the franchise, in effect either at the time of execution of the franchise or at any time during the presence of radios in the public right-of-way.

(k) Person means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, and any other form of business association.

(l) Provision means any agreement, clause, conditions, covenant, qualification, restriction, reservation, term, or other stipulation in the franchise that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to the franchise. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

(m) Public right-of-way means in, upon, above, along, across, under, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including, without limitation, all public utility easements and public service easements, as the same now or may thereafter exist that are under the jurisdiction of the city. This term shall not include any property owned by any person or agency other than the city except as provided by applicable laws or pursuant to an agreement between the city and any such person or agency.

(n) Radio month means a calendar month during which a radio occupies space on a pole, even if such occupancy is less than the entire month.

(o) Radio network or radios means that wireless radio equipment certified by the Federal Communications Commission to be installed and operated by franchisee or any radio equipment pursuant to a franchise under this chapter.

(p) Radio repeater means a very low powered digital wireless communications micro cellular radio certified by the Federal Communications Commission operating in the license free (902-928 MHZ) portion of the radio spectrum.

(q) Services means the wireless communications services provided through radios by a franchisee.

(Ord. No. 96-16, § 2, 1-6-97)