§ 37-251. Definitions.

The following words, terms or phrases, when used in this division, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning:

Cable service is defined as set forth in 47 U.S.C. section 522(6).

Chapter 66 means that portion of Senate Bill 5 enacted by the 79th Texas Legislature in 2nd Called Session, entitled "An Act Relating To Furthering Competition In the Communications Industry", codified in relevant part as Chapter 66 of the Texas Utilities Code.

Communications network means a component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice or data service.

Franchise fee means the fee payable to the city under Section 66.005 of the Texas Utilities Code.

In-kind contributions to municipality means the payments due to the city under Section 66.006 of the Texas Utilities Code.

Right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest.

Service provider means:

(1)

A person who provides cable service; or

(2)

A person who distributes video programming services through wireline facilities located wholly or partly in the city's right-of-way without regard to delivery technology.

State-issued certificate of franchise means a certificate issued by the Public Utility Commission of Texas or its successor agency with equivalent jurisdiction that authorizes a cable service provider or video service provider to provide cable service or video service within the city pursuant to Chapter 66.

Video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. section 522(20).

Video service means video programming service provided through wireline facilities located wholly or partly in the right-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video service provided by a commercial mobile service provider as defined in 47 U.S.C. section 332(d).

Video service provider means a video-programming distributor that distributes video programming service through wire line facilities located at least in part in the right-of-way without regard to the delivery technology.

(Ord. No. 06-594, § 2, 6-7-06)