§ 3. Definitions.

For the purpose of this appendix, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" 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 Florida Statute; and, if not defined therein, be construed to mean the common and ordinary meaning.

Gross receipts shall mean all cash, credits or property of any kind or nature, with deductions for bad debt expense, reported as revenue items to the registrant's audited income statements arising from, or attributable to recurring local service revenues of registrant within the town. The town reserves the right to amend the definition contained herein as permitted by applicable law. The definition herein shall not be applicable as of October 1, 2001; or such other date as provided by law, provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

Town means the Town of Gulf Stream, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

Registrant or facility owner shall mean a telecommunications company 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 appendix.

Registration and register shall mean the process described in section 4 whereby a telecommunications service provider provides certain information to the town.

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 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101 (a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto.

Person means any individual, corporation, partnership, association, joint venture, estate, trust, syndicate, fiduciary, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, and all other groups or combinations and shall include the Town to the extent the Town obtains or holds a certificate under F.S. ch. 364.

PSC means the Florida Public Service Commission.

Public rights-of-way means the surface, the airspace above the surface and the area below the surface of any public street, alley, viaduct, elevated roadway, bridge, public easement, or any other public way for which the Town is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law. "Public rights-of-way" shall not include any real or personal town property except as described above and shall not include town buildings, fixtures, or other structures or improvements, regardless of whether they are situated in the public rights-of-way.

Recurring local service revenues means revenues from the monthly recurring charges for local service, including but not limited to (1) recurring basic area revenues derived from the provision of flat-rated basic area services; (2) recurring optional extended area revenues derived from the provision of optional extended area services; (3) local private line revenues derived from local services which provide communication between specific locations, either through dedicated circuits, private switching arrangements, predefined transmission paths, whether virtual or physical, or any other method of providing such services; (4) revenues from the sale of local services for resale; and (5) other local service revenues from the provision of secondary features that are integrated with the telecommunications network, including, without limitation, services such as call forwarding, call waiting, and touchtone line service. Except as provided herein, revenues from all recurring local services provided by a registrant over a telecommunications facility or system in the public rights-of-way shall constitute recurring local service revenues subject to this ordinance. Recurring local service revenues do not include revenues from (1) toll charges for the transmission of voice, data, video, or other information; (2) access charges paid by carriers for origination and/or termination of toll telephone service as defined in F.S. § 203.012(7), or other charges required by the Federal Communications Commission which are directly passed through to end users; (3) interstate service; (4) ancillary services such as directory advertising, directory assistance, detailed billing services, inside wire maintenance plans, bad check charges, and non-recurring charges for installation, move, changes or termination services; (5) cellular mobile telephone or telecommunications services; or specialized mobile telephone or telecommunications service; or specialized mobile radio, or pagers or paging service, or related ancillary services; (6) public telephone charges collected on site; (7) teletypewriter or computer exchange services as defined in F.S. § 203.012(6); or (8) local message rated (message, unit or time basis) and minutes of use charges in excess of the minimum flat-rated charges for similar services. This definition shall not be applicable as of October 1, 2001, or such other date as provided by law, provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

Telecommunications company has the meaning set forth in F.S. § 364.02(12), as amended. The term "telecommunications company" does not include an open video system, a cable service provider or a wireless service provider.

Telecommunications service 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, regardless of the protocol used for such transmission or conveyance. "Telecommunications service", as contemplated herein, does not include the provision of service via an open video system, via a cable service provider or via a wireless service provider which shall require separate authorizations from the town. As of October 1, 2001, the term "communications" shall be substituted for "telecommunications", provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

Telecommunications service provider shall refer to any person making available or providing telecommunications services, as defined herein, through the use of a telecommunications facility in the public rights-of-way. As of October 1, 2001, the term "communications" shall be substituted for "telecommunications", provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

Telecommunications facilities, facilities or systems means any facility, equipment or property, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the public rights-of-way of the town to transmit, convey, route, receive, distribute, provide or offer telecommunications services. As of October 1, 2001, the term "communications" shall be substituted for "telecommunications", provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

(Ord. No. 01-3, § 1, 10-19-01)