1379-19 Right-of-Way Cell Towers

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all points of Facilities shall consist of elevations in either City datum or United-States Geological Survey datum. (8) Cable Service means the one-way transmission to subscribers of video programming or any other programming service; and subscriber interaction, if any, that is required for the selection or use of such video programming or other programming service. (9) Cable Service Provider means a person that provides cable service over a cable system. (10) Cable System means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community,but such term does not include: a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility or facilities use any Public Right-of-Way; a facility that serves subscribers without using any Public Right-of-Way; a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act of 1934 except such facility shall be considered a cable system other than for purposes of 47 U.S.C. Section 541(c) to the extent such facility is used in the transmission of video programming directly to subscribers,unless the extent of such use is solely to provide interactive on-demand services; any facilities of any electric utility used solely for operating its electric utility systems; or an open video system that complies with 47 U.S.C. Section 573. (11) City means the City of Zephyrhills, Florida, a municipal corporation organized and existing under the laws of the State of Florida. (12) City Code means the municipal land development code and/or code of ordinances of the City of Zephyrhills, Florida. (13) City Council means the governing body for the City. (14) City Utility Pole means a Utility Pole owned by the City in the Right-of-Way. (15) Collocate or Collocation means to install, mount, maintain, modify, operate, or replace one or more Wireless Facilities on,under,within,or adjacent to a wireless support structure or Utility Pole. The term does not include the installation of a new Utility Pole or wireless support structure in the Public Rights-of-Way, nor does it include interconnection of Communications Facilities or the sale or purchase of capacity (whether bundled or unbundled). (16) Communications Facility, or Facilities means any portion of a Communications System located in the Public Rights-of-Way. (17) Communications Services means the definition ascribed thereto in Section 202.11(1), Florida Statutes, as may be amended, and also includes but is not limited to Wireless Services as defined herein. • (18) Communications Services Provider means (i) any Person, municipality or county providing Communications Services through the use and operation of a Communications System or Communications Facilities installed,placed and maintained in the Public Rights- of-Way, regardless of whether such System or Facilities are owned or leased by such Person, municipality or county and regardless of whether such Person, municipality or county has registered with the Florida Department of Revenue as a provider of Communications Services in Florida pursuant to Chapter 202, Florida Statutes and(ii) any Person, municipality or county who constructs, installs, places, maintains or operates Communications Facilities in the Public Rights-of-Way but who does not provide Communications Services, including for example a company that places "dark fiber" or conduit in the Public Rights-of-Way and leases or otherwise provides those facilities to another company that does provide Communications Services. Page 4of31