§ 28-2. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cable service means that term as defined in 47 USC 522(6).

Commission means the Illinois Commerce Commission.

Holder means a person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to ILCS ch. 220, act 5, § 21-401.

Public right-of-way or right-of-way means any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the village has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities. Public right-of-way or right-of-way shall not include any real or personal village property that is not specifically described in the previous sentence, and shall not include village buildings, structures, or other improvements regardless of whether they are situated in the public right-of-way.

Service means the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to ILCS ch. 220, act 5, § 21-401.

Telecommunications means and includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. The term "private line" means a dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. Telecommunication shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for the purposes other than transmission. Telecommunications shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications. Telecommunications shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 USC 521 et seq.), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission (47 CFR 76.1500 et seq.), as now or hereafter amended.

Telecommunications provider means any person or entity that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.

Video service means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet.

Wireless telecommunications means and includes cellular mobile telephone services, personal wireless services as defined in section 704(C) of the Telecommunications Act of 1996 (Public Law No. 104-104), 42 USC 332(c)(7), as now or hereafter amended, including all commercial mobile radio services, and paging services.

(Code 1993, § 17-1.2; Ord. No. 97-O-70, 9-23-1997; Ord. No. 2002-O-61, 9-10-2002; Ord. No. 2007-O-73, 10-23-2007)