Tupelo |
Code of Ordinances |
Chapter 24. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article VII. MANAGEMENT OF STREETS, TRENCHING, AND RIGHTS-OF-WAY OF THE CITY |
§ 24-201. Definitions.
The governing authority of the city is the city's mayor and city council.
Gross receipts means all revenues determined according to accepted accounting principles originating or received in the city for recurring local services provided within the city limits and billed to an address in the city by telecommunications providers from the transmission or receipt of telephonic or other electronic messages or data, or from the sale or rental of equipment used to provide such communications services by facilities over or in city or public rights-of-way or property. Gross receipts shall not include customer premises equipment not located in, or using public or city rights-of-way or property. Gross receipts do not include taxes imposed, and/or assessed by law on subscribers, or revenues generated from sales to federal, state, city or local government.
Permit contract is the written contract provided for by the telecommunications permit ordinance to be entered into between the city and the telecommunications provider, which shall be prepared by the legal department of the city and duly signed and executed on behalf of the city and the telecommunications provider upon such conditions as the contract and this article require.
Permittee, under this article, is a telecommunications provider that has entered into a permit contract with the city and has been finally approved (or deemed to be approved) by the public works department of the city to commence work in city or public rights-of-way or property within the city, and to maintain the facilities installed therein.
Rights-of-way or property means any street, alley, easement, or other right-of-way, or property in the city that is owned or dedicated by the city or any predecessor in interest for municipal or public use. This nomenclature excludes private property, which is not controlled by this article.
Telecommunications provider , for purposes of this article, means any person or legal entity, including, but not limited to, corporations, partnerships of any kind, joint ventures, and associations or business trusts, requiring access to public or municipal rights-of-way or public or municipally owned property as hereinafter defined, for wire, cable or other transmission facilities or equipment for conveyance or reception of telephone, telegraph or other electronic messages, data or any other type of communication.
(Ord. of 10-21-14)