§ 6.26.020. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Anniversary date" means the date on which a franchise agreement is fully executed.

"Compensation year" means each calendar year during the term of a franchise agreement in which compensation is paid to the metropolitan government.

"Council" or "metropolitan council" means the council of the Metropolitan Government of Nashville and Davidson County.

"Day" or "days" means a calendar day or days.

"Director of finance" means the position of director of finance created by Section 8.102 of the Metropolitan Charter or a successor position, or an acting director of finance, or the designee of the director of finance.

"Director of information systems" means the position of information systems director created under Section 2.24.115 of the Metropolitan Code or a successor position, or an acting information systems director, or the designee of the information systems director.

"Director of public works" means the position of director of public works created by Sections 8.404 and 8.405 of the Metropolitan Charter or a successor position, or an acting director of public works or the designee of the director of public works.

"FCC" means the Federal Communications Commission, or any successor agency.

"Fiber optic communications" or "fiber optic services" means telecommunication systems as defined in "system" or "telecommunication system" found in this section.

"Franchise" means the nonexclusive authorization granted as provided in this chapter to occupy or use the streets and/or public rights-of-way within Metropolitan Nashville and Davidson County for the construction, operation and maintenance of a fiber optic telecommunications system within all or a portion of Metropolitan Nashville and Davidson County.

"Franchise agreement" means a fully executed and notarized contractual agreement by and between the metropolitan government and grantee, wherein grantee accepts the provisions stated in this chapter.

"Grantee" means any company providing access or local telecommunications service using facilities either constructed, owned or leased for the purpose of providing voice, data or video telecommunication service.

"Gross revenue" means all receipts collected by the grantee for all communications and related operations and services within the corporate limits of the metropolitan government, as well as any other revenue arising from operation or possession of this franchise. By way of example, but without limitation, "gross revenue" includes installation charges, access charges paid to the grantee by other carriers, franchise fees and occupation taxes surcharged to customer, and the lease or resale of lines or circuit paths to third parties. "Gross revenue" does not include revenue uncollectible from customers.

"Metropolitan government" means the Metropolitan Government of Nashville and Davidson County.

"PSC" means the Tennessee Public Service Commission or any successor agency.

"Public right-of-way" means real property subsurface and air rights acquired by the metropolitan government by any lawful means and includes the surface and that area below the surface which is necessary to support the public street, alley, path, bridge, tunnel, sidewalk, planting strip, median, waterway, dock, wharf, pier, public ground or other public right-of-way. Public right-of-way also includes the surface of any public street, alley, path, bridge, tunnel, sidewalk, planting strip, median, waterway, dock, wharf, pier, public ground or other public right-of-way acquired by the metropolitan government. No reference herein or in any franchise for use of any public right-of-way shall be deemed to be a representation or guarantee by the metropolitan government that its title to any public right-of-way or any improvement or object located therein is sufficient to permit or authorize its use by the grantee.

"System" or "telecommunications system" means grantee's network of cables, wires, lines, towers, wave guides, optic fiber, microwave, and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing audio, video or other forms of electronic signals to or from subscribers or locations within Metropolitan Nashville and Davidson County, but not including the offering to the public cable television services as defined under the Cable Communications Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and/or any franchise granted by the metropolitan government pursuant to said Act.

"Urban forester" means the position of urban forester created by ordinance of the metropolitan council, or any successor, or an acting urban forester or the designee of the urban forester.

(Amdt. 1(1), (2), (3) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 2, 1994)