§ 35.5-3. Definitions.

For the purposes of this article, and for the purposes of Article II and III of this chapter, where not separately defined or inconsistent with the purposes of said articles, the following words, terms, phrases, and their derivations shall have the meanings given herein:

Application or franchise application means the documents submitted by a potential grantee, in the form required by the grantor, requesting permission to occupy the rights-of-way in the Parish of Jefferson outside of the limits of municipalities for the purpose of providing telecommunications services.

Application fee means the fee required of all potential grantees under the provisions of this article.

Day or days means a calendar day or days.

Dark fiber means installed but unconnected or unused fiber through which no light or signal is transmitted.

Emergency means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

Equipment, facilities and plant means equipment, plant, fixtures, apparatus, facilities, appliances, and appurtenances common to and used now and in the future by telecommunications systems.

FCC means the Federal Communications Commission, its functional successor in the United States government or a designated representative.

Fair market value means, with regard to telecommunications services provided by a grantee, the price of such services as shown in grantee's tariff, if any, on file with the Louisiana Public Service Commission. If the telecommunications services provided are not tariffed services, the fair market value of those telecommunications services means the price that would be obtained therefore in an arms-length transaction. Fair market value is subject to verification by grantor.

Franchise means the authority granted by ordinance to occupy the public rights-of-way in the parish for the use, installation, maintenance and/or repair of telecommunications systems and telecommunications systems providing long distance network services. Each franchise shall consist of referenced specifications, franchise applications, and other related material.

Franchise fee means the compensation payable by a grantee to the grantor as consideration for the grantor's permission for the grantee to occupy the limited public rights-of-way of the parish and as compensation for the deterioration in the overall condition of the public rights-of-way, the diminution of the life expectancy and the degradation of the useful life of the public rights-of-way, the cost of the administration of the franchise and the premature expenditure of public funds for the repair and replacement of such public rights-of-way.

Grantee means any person to whom a franchise is granted by the grantor. This term shall not include affiliates, subsidiaries or entities otherwise related to grantee.

Grantor means the Parish of Jefferson or/and department or agency thereof, or any special district or agency governed or acting by and through the council.

Gross receipts means all revenues collected by the grantee for telecommunications services provided by the grantee, its affiliates, successors, agents, subsidiaries, partners, or assigns to customers located within unincorporated Jefferson Parish, and including, but not limited to:

(a)

All charges for the provision of recurring and non-recurring service, data and video service, telemessaging service, audio programming services, electronic publishing, language translation or data format conversion, caller identification services, alarm monitoring services, private line service, access charges;

(b)

All revenue from public telephones, directory assistance, and directory advertising revenue;

(c)

All revenues from charges for access to local networks of grantee;

(d)

All revenues from the lease or sale of equipment or plant, including but not limited to, the lease or sale of any portion of grantee's telecommunications system that is located in the parish right-of-way, or capacity in that system that is leased to subscribers, other telecommunications service providers or any other entities;

(e)

All revenues from the resale of telecommunications services;

(f)

Franchise fees, whether or not identified as a "pass through" to the consumer shall be included in gross receipts;

(g)

Recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts related to the telecommunications system. Such unrecovered bad debts charged off after diligent, unsuccessful efforts to collect are excludable from gross revenues;

(h)

If grantee participates in the provision of telecommunications services with another person whereby grantee does not receive reasonable monetary compensation, then the fair market value of the services or assets provided to grantee shall be imputed to grantee's gross receipts for the purpose of calculating franchise fees due to the grantor.

Without limitation of the foregoing, the fair market value of grantee's transactions resulting in gross receipts is subject to verification by grantor.

Not included in gross receipts:

(a)

Gross receipts is not intended to include revenue from long distance network service. Nonetheless, to the extent that the grantee does not segregate long distance network service revenues from other revenues, or other revenues are commingled with long distance network service revenues, all such commingled revenues shall be included in gross receipts;

(b)

Gross receipts shall not include any sales or excise taxes that are the legal obligation of the grantee's customer and are collected by the grantee for direct pass through to local, state, or federal governments. However, parish franchise fees are the responsibility of the grantee, even if identified as a "pass through" to the grantee's customer, and shall be included in gross receipts;

(c)

Gross receipts is not intended to cover revenue of any other franchisee or licensee of the grantor; provided that the grantee has the burden to provide documentation to the grantor that such revenue has been included by the other franchisee. Such documentation may be a report filed with the grantee by the other franchisee or licensee evidencing such inclusion of revenue.

Lease means the right, however, framed or structured, and the document or agreement evidencing such right, granted by grantee to a third party to occupy any of grantee's equipment, facilities and plant for the transaction of the third party's business. The term does not include (i) the provision of grantee's telecommunication services to a reseller (a non-facilities based provider), (ii) sale by the grantee to a third party of any grantee's tariffed telecommunications services; nor (iii) the grant of dark fiber or conduit use rights to customers of telecommunications systems providing long distance network service.

Long distance network service shall mean those telecommunications services provided by grantee, whether message or flat rate and including public network switching as well as private, that (i) either originate or terminate toll calls within the parish or (ii) pass through the parish without originating or terminating toll calls therein. Revenues derived from long distance network service shall include those revenue accounts specified in 47 CFR Part 32, as amended.

LPSC means the Louisiana Public Service Commission or its functional successor in the government of the State of Louisiana or a designated representative.

Network means any part of a telecommunications system which may be in operation at any given time.

Open video system means a system through which a local exchange carrier as defined in 47 U.S.C. § 153(44), provides video programming services to its cable subscribers in its telephone service area, and which complies with 47 U.S.C. § 653 and regulations adopted thereunder by the FCC.

Parish means Jefferson Parish as well as all of the agencies, districts and sub-districts thereof under the authority of the Council of Jefferson Parish. When used in reference to geographical areas, parish means the unincorporated areas of the parish.

Person means an individual, firm, partnership, association, corporation, company or organization of any kind or any lawful successor, transferee or assignee of said individual, firm, partnership, association, corporation, company or organization.

Private communications system shall mean a telecommunications system for grantee's exclusive internal use. In the event a private communication system becomes available to third parties, it shall lose its character as a private communications system and shall be treated as a telecommunications system.

Public property or parish property or public right-of-way or parish right-of-way means the surface of, the space within, and the space above and below any public way, including but not limited to any public street, sidewalk, alley, roads, boulevard, avenue, lane, neutral ground, or other public passage including poles, towers or other facilities located thereon of any type whatsoever now or existing as such within the parish as well as any other property owned by, or under the control, of the parish. For the purposes of this chapter, the terms "public property" or "parish property" and "public right-of-way" or "parish right-of-way" may be used interchangeably and have the same all-inclusive meaning.

Section means any section, subsection, or provision of this chapter.

Subscriber or customer means any person who or which elects to subscribe to or purchase, for any purpose, a service provided by the grantee by means of, or in connection with, the grantee's telecommunications system.

Telecommunications service means services offered by means of a telecommunication system, including but not limited to long distance network service, local exchange service, competitive access provider service.

Telecommunications system or system means the equipment, facilities and plant essential to the transmission, between or among points specified by the subscriber, of information of the subscriber's choosing (including but not limited to the collection, storage, forwarding, switching, and delivery of such information), without change in the form or content of the information as sent and received. These terms include, but are not limited to, the grantee's network of cables, wires, lines, conduits, wave guides, optic fiber, microwave, laser beams, and any associated converters, equipment, or facilities that are placed in, on, across or over the public rights-of-way (as defined in this chapter), as well as the upgrades or successors to such items that are designed, constructed or used to produce, receive, amplify or distribute audio, video, or any other forms of electronic signals or data to or from subscribers or locations within the unincorporated areas of the parish. This term shall apply to both long distance and local telecommunications services.

Toll call means a communication between two (2) service points in different local exchanges transmitted by any physical units utilized in providing the communication excluding services furnished by a local exchange company out of the local exchange tariff.

Occupy, install, maintain, repair and/or operate and upgrade or occupancy, installation, maintenance, repair and/or operation means to locate, relocate, erect, string, hang, pull, push, install, dismantle, construct, reconstruct, take down, take off, put, place, replace, move, remove, dispose of, lay, take up, bury, dig up, retain, enlarge, extend, expand, operate, service, repair, install, maintain and/or upgrade.

Year means a full calendar year.

(Ord. No. 20914, § 1, 3-15-00; Ord. No. 20991, §§ 2, 5, 6-28-00; Ord. No. 22754, § 1A, 5-17-06)