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(1)) Cominunications System or System means any permanent or temporary plant, equipment <br /> and property placed or maintained in the Public Rights-of-Way that is occupied or used, or <br /> is capable of being occupied or used, by a Commu>ucations Services Provider for the <br /> purpose of producing,conveying,routing,transmitting_i-receiving,amplifying,distributing, <br /> providing or offering Communications Services including,but not limited to cables,wires, <br /> lines, conduits, fiber optics, Antennae, radios and any associated poles, converters, splice <br /> boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other <br /> plant, equipment and pathway. <br /> (20)Dealer means any Person,municipality or county providing Communications Services to <br /> an end user in the City through the use and operation of Communications Facilities <br /> installed, placed and maintained in the Public Rights-of-Way, whether owned or leased, <br /> and who has registered with the Florida Depadnient of Revenue as a provider of <br /> Communications Services pursuant to Chapter 202, Florida Statutes. This definition of <br /> "Dealer" is intended to include any "Reseller." <br /> (21)Department means the Florida Department of State. <br /> (22)Excavation or other similar formulation of that term means the cutting,trenching or other <br /> disturbance to the Public Rights-of-Way intended to change the grade or level of land or <br /> which causes any cavity, gap, depression, penetration or hole in the surface of the Public <br /> Rights-of-Way. <br /> (23)FCC means the Federal Communications Commissicin. <br /> (24) Franchise means an initial authorization or renewal of an authorization, regardless of <br /> whether the authorization is designated as a franchise,(permit, license,resolution, contract, <br /> certificate, agreement, or otherwise, to construct and operate a cable system or video <br /> service provider network facilities in the Public Rights-of-Way. <br /> (25)Franchise Authority means any governmental entity mpowered by federal, state, or local <br /> law to grant a franchise. <br /> (26) Government means the United States of Amen a, the State of Florida, counties, <br /> municipalities, and any of their respective agencies, departments or bureaus. <br /> (27)In the Public Rights-of-Way means in, along, on,over,under, across or through the Public <br /> Rights-of-Way. <br /> (28)Micro Wireless Facility means a Small Wireless FaciFty having dimensions no larger than <br /> 24 inches in length, 15 inches in width, and 12 inches n height and an exterior Antenna,if <br /> any, no longer than 11 inches. <br /> (29) Part means the Zephyrhills Communications Ri t-of-Way Utilization Ordinance, <br /> codified as Part 7.12.00 of the City Land Developme t Code. <br /> (30) Pass-Through Facilities means the Facilities for a Communication System that merely <br /> pass through the City from one point to another point and from which no revenues are <br /> directly attributable to subscribers or other carriers within the City. <br /> 1 <br /> (31) Pass-Through Provider means any Person, muilicipalityor county that places or <br /> maintains a Communications System or Communications Facilities in the Public Rights- <br /> of-Way but who does not provide Communications Services, including for example a <br /> company that places "dark fiber" or conduit In The Public Rights-of-Way and leases or <br /> otherwise provides those facilities to another company that does provide Communications <br /> Services to an end user. This definition is intended too include any Person that places or <br /> maintains Pass-Through Facilities in the Public Rights-of-Way, but who does not provide <br /> Communications Services to an end user within the corporate limits of the City. <br /> (32)Person means any individual, firm,joint venture,panership, estate,trust,business trust, <br /> syndicate, fiduciary, association, corporation, compare , organization or legal entity of any <br /> kind, including any Affiliate, successor, assignee, transferee or personal representative <br /> Page 5of31 <br />