§ 17-61. Definitions.

That for the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meanings given. Where 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 in this section or in any permit that may be granted pursuant to this Ordinance 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 in the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes, shall be construed to mean the common and ordinary meaning.

Village shall mean Bal Harbour, Florida, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

Communications Services shall mean 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 or through any 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. Cable service, as defined in F.S. § 202.11(2), (2000), as it may be amended, is not included in the definition of "Communications Services" and cable service providers or providers of service via an open video System may be subject to other ordinances of the Village and shall require separate authorization from the Village.

Communications Services Provider shall mean any Person making available or providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights-of-Way.

Communications Facility or Facility or System shall mean any permanent or temporary plant, equipment and Property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights-of-Way of the Village and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services.

FCC shall mean the Federal Communications Council.

In Public Rights-of-Way or in the Public Rights-of-Way shall mean in, on, over, under or across the Public Rights-of-Way.

Ordinance shall mean this Ordinance.

Person shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, but shall not include the Village.

Place or Maintain or Placement or Maintenance or Placing or Maintaining shall mean 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. 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 shall mean a Public Right-of-Way, Public utility easement, highway, Street, bridge, tunnel, pier, waterway, dock, wharf, court, lane, path, or alley or any other Property for which the Village is the authority that has jurisdiction and control and may lawfully grant access to such Property pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface to the extent the Village holds a Property interest therein. "Public Rights-of-Way" shall not include private Property. "Public Rights-of-Way" shall not include any real or personal Village Property except as described above and shall not include Village buildings, fixtures, poles, conduits, Facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way.

Registrant or Facility Owner shall mean a Communications Services Provider or other Person that has Registered with the Village in accordance with the provisions of this Ordinance.

Registration and Register shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the Village.