§ 40-331 — Definitions

Sec. 40-331. - Definitions.

As used in this article, the following words and terms shall have the meanings provided below, unless the context of their usage clearly indicates another meaning: Cable service shall have the meaning defined for such term in the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as amended. City engineer means the city engineer for the city or a designee thereof. CPI-U means the Consumer Price Index for All Urban Consumers (U.S. City Average, all items). Director means the director of the city's department of administration and regulatory affairs, or its successor department, including the director's designee. Director of Houston Public Works means the Director of the Houston Public Works, or its successor department, including the director's designee. Fee means the fees payable to the city by a telecommunications provider subject to this article. Network facilities means conduits, ducts, manholes, vaults, tanks, towers, wave guides, optic fiber, microwave, dishes, and any associated converters, electrical lines, communications lines, transmission lines, cables, wires, amplifiers, switches, utility equipment, or other such object, device or facilities, including attachments and encasements containing such facilities, whether underground or overhead that are designed, installed and constructed within the public way for the purpose of producing, receiving, amplifying, switching, transmitting or distributing audio, video, or other forms of electronic or optical signals to or from customers, subscribers or locations within the city limits of the city. Network facilities do not include such facilities to the extent that they are solely used to provide services under Chapter 283 of the Texas Local Government Code or services under Chapter 66 of the Utilities Code or respective successor laws. Network facilities franchise means an ordinance adopted pursuant to this article granting a telecommunications provider authority to use the public way as provided therein. Payment date means January 1 of each year during the term of a network facilities franchise. Public way means any public street right-of-way located in the city, including the entire area between the boundary lines of every right-of-way (including but not limited to roads, streets, alleys, highways, boulevards, bridges, tunnels or similar thoroughfares, and public utility easements), whether acquired by purchase, grant or dedication and acceptance by the city or by the public, that has been opened to the use of the public for purposes of vehicular travel; and shall include any designated state or federal highway or road or any designated county road under the administrative control of the city for maintenance, repair, or vehicular traffic control purposes. Services means telecommunication services provided through network facilities located wholly or partially in the public way without regard to technology. This definition does not include services provided under Chapter 283 of the Texas Local Government Code or under Chapter 66 of the Texas Utilities Code or any respective successor law. Private or commercial purposes means any purposes, other than public purposes. Telecommunications provider means a person who offers or provides services through network facilities located wholly or partially in the public way.

(Ord. No. 98-593, § 1, 7-22-98; Ord. No. 08-52, § 74, 1-16-08, eff. 1-26-08; Ord. No. 2010-831, § 2(Exh. A), 10-27-2010; Ord. No. 2018-11, §§ 49, 50, 1-10-2018)