1. "City" means the City of Berkeley, California, acting by and through its City Council or a representative as the governing body may designate to act on its behalf.

2. "City Manager" means the City Manager of the City or their designee.

3. "Company" means any Video Service Provider or Telephone Corporation that is authorized by any governmental entity or law to provide Video Services or Telecommunications Services in the City of Berkeley.

4. "Construction Plan" means information regarding the design, potential locations, and estimated time schedule for the construction and/or installation of a Facility submitted in accordance with the requirements of this Chapter and any regulations or guidelines adopted by the Director for the implementation of this Chapter.

5. "Department" means the City Department of Public Works.

6. "Director" means the Director of the City’s Department of Public Works or their designee.

7. "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, maintenance hole, hand hole or Facility that is or will be made available by the owner for use by third party Facilities, and any installed fiber that has not been activated for use.

8. "Facility" or "Facilities" means any cable or other wire or line, antenna, radio, pipeline, pipes, duct, conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain, manhole, splice box, surface location marker, pole, structure, utility, or other appurtenance, structure, property, or tangible thing owned, leased, operated, or licensed by a Company to provide or aid in the provision of cable, personal wireless or telecommunications services that are located or are proposed to be located on the PROW.

9. "FCC" means the Federal Communications Commission.

10. "Franchise" means a written legal undertaking or action issued by any level of government, which authorizes a specific Company to utilize the City’s PROW for the purpose of installing, operating, maintaining, or reconstructing a Telecommunications System or providing Video Services. No franchise agreement for any such system or service may diminish or waive compliance with the requirements of this Chapter or with any regulations or guidelines issued by the City Manager for the implementation of this Chapter.

11. "Person" means any person, corporation, partnership, proprietorship, individual, organization, or other entity.

12. "Personal Wireless Service Facility" means a personal wireless service facility as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded. Personal Wireless Service Facility does not include radio towers, television towers, and government-operated public safety networks.

13. "PROW Permit" means a permit issued pursuant to this Chapter.

14. "Public rights-of-way" ("PROW") means any street, public way, or right-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by the City for which construction and operation of the Facility is within the authorized scope of the City’s easement, and any privately owned area within the City’s jurisdiction which is not yet, but is designated as, a proposed public place on a tentative subdivision map approved by the City.

15. "Technically Feasible" means a circumstance in which the applicant has demonstrated by clear and convincing evidence submitted to the Director that compliance with a specific requirement within this Chapter and any administrative regulations or guidelines is physically impossible or unreasonable (e.g., incapable of being accomplished based on existing technology compatible with an applicant’s existing network) and not merely more difficult or expensive than a noncompliant alternative.

16. "Telephone Corporation" is defined as set forth in Section 234 of the California Public Utilities Code, as amended.

17. "Telecommunications Service" is defined as set forth in 47 U.S. Code § 153(52), as amended.

18. "Telecommunications System" means the Facilities necessary or convenient for a telecommunications carrier to provide Telecommunications Service.

19. "Traffic Control Plan" means a plan describing the manner in which the Company will manage vehicle, bicycle, and pedestrian traffic along affected streets that have a speed limit greater than 35 miles per hour when installing or maintaining Facilities.

20. "Video Service" is defined as set forth in Section 5830(s) of the California Public Utilities Code, as amended.

21. "Video Service Provider" is defined as set forth in Section 5830(t) of the California Public Utilities Code, as amended.

22. "Video System" means the Facilities necessary or convenient for a Video Service Provider to provide Video Service. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)