01-1019 Communications Right-of-Way

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entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the City of Casselberry only to the extent the City of Casselberry acts as a Communications Services Provider. 10. "Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is "placing or maintaining" the facilities. A person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights- of-way does not constitute "placing or maintaining" facilities in the public rights-of-way. 11 . "Public Rights-of-Way" shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the City of Casselberry is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights-of-Way" shall not include private property, "Public Rights-of-Way" shall not include any real or personal City of Casselberry property except as described above and shall not include City of Casselberry buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way. 12, "Registranf' shall mean a Communications Services Provider that has Ordinance No. 01-1019 Page 7 of 35