5.54.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Words not defined herein shall be given the meaning set forth in Title 47 U.S.C., as amended, Chapter 35.99 RCW, as amended, and in Chapters 22.12 and 22.62 MMC. Words not otherwise defined shall have their common and ordinary meaning:
A. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
B. “Applicant” means any person submitting an application for a franchise.
C. “City” means the city of Monroe, a municipal corporation of the state of Washington, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
D. “City property” means any real property owned by city, whether in fee or other ownership estate of interest.
E. “Director” means the public works director or designee.
F. “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities.
G. “Facility” or “facilities” means the plant, equipment and property including but not limited to the poles, pipes, mains, conduits, ducts, pedestals, power meters, antennas, radios, electronics, cables, wires, plant, and other appurtenances and equipment located under, on or above the surface of the ground within the right-of-way and used or to be used for the purpose of providing utility services or telecommunications services.
H. “Franchise” or “franchise agreement” is a contract by which a grantee is allowed to use city right-of-way for the purpose of carrying on the business in which it is generally engaged, including furnishing service to members of the public. For purposes of this chapter, the term “franchise” does not include cable television franchises and permits which are separately regulated under Chapter 5.52 MMC.
I. “Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the council under this chapter and the lawful successor, transferee or assignee of such person, firm or corporation.
J. “Grantor” means the city of Monroe acting through its city council.
K. “Overhead facilities” means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
L. “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
M. “Public right-of-way” or “right-of-way” is defined consistently with RCW 35.99.010(5) and means land acquired or dedicated for public roads and streets but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located within the right-of-way;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the state Parks and Recreation Commission; or
6. Federally granted railroad rights-of-way acquired under 43 U.S.C. § 912 and related provisions of federal law that are not open for motor vehicle use.
N. “Service provider” is defined consistently with RCW 35.99.010(6). “Service provider” shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
O. “State” means the state of Washington.
P. “Telecommunications service” is defined consistently with RCW 35.99.010(7). “Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols but does not include “cable service” as that term is defined in Chapter 5.52 MMC.
Q. “Utility services” means the generation, transmission or distribution of electric energy, natural gas, steam, water, or liquid fuels. (Ord. 009/2022 § 3 (Exh. A))