For the purpose of this chapter, the following terms shall have the following meanings.
“Applicant” means any person that applies for a rights-of-way access permit.
“Application process” means the process by which an applicant submits a request to be granted a rights-of-way access permit. An application includes all written documentation in a form specified by the town concerning the installation of telecommunications and/or public utility facilities.
“Authorized employee” means an employee of the Speedway street department or the Speedway police department.
“Driveway” means every way or place not on the right-of-way of any street or alley and which is used for vehicular traffic.
“Excess capacity” means the volume in any existing or future duct, conduit, or other utility facility within the public rights-of-way.
“Incumbent owner” means any person who constructed, installed, operates, or maintains telecommunications and/or public utility facilities in the public rights-of-way prior to the enactment of this ordinance.
“Permittee” means a person who has been granted a rights-of-way access permit by the town.
“Person” means an individual, corporations, associations, syndications, joint stock corporations, partnerships, limited liability companies, common law trusts, and any other legal entity.
“Public rights-of-way” means the surface, the air space above the surface, and the area below the surface of any public street, utility easement, or any other public property. However, the term does not include those airwaves that are used for cellular or other nonwire telecommunications and/or public utility services.
“Public utility” has the meaning set forth in IC 8-1-2-1(a).
“Rights-of-way access permit” means the right granted to a person to use the public rights-of-way to provide telecommunications and/or public utility services within the town.
“Sidewalk” means any paved right-of-way dedicated or intended to be dedicated or used for public use and intended only for pedestrian traffic.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
“Telecommunications and/or public utility facilities (facility or facilities)” means all of the plant, equipment, and property used or to be used to offer telecommunications and/or public utility services.
“Telecommunications and/or public utility service” has the meaning set forth in IC 8-1-2-1(e).
“Town” means the civil town of Speedway.
“Town council” means the town council of the town of Speedway, Indiana. (Ord. 949 § 1(part), 2001).