A. “Applicant” means any person or entity that applies for any permit pursuant to this chapter.

B. “Cable television service” means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.

C. “City” means the city of Gig Harbor, Washington.

D. “City property” means and includes all real property owned by the city, other than rights-of-way as that term is defined herein, and all property held in proprietary capacity by the city. Such city property is not subject to the right-of-way master use permits as provided for by this chapter.

E. “Construction standard” means a construction standard applicable to the right-of-way or utility easement and adopted by the owner of the easement. The term shall typically refer to construction standards adopted by the city. Rights-of-way in the jurisdiction under the control of the state pursuant to RCW 47.24.020 shall be subject to state-adopted construction standards if such standards are more restrictive or intensive than those of the city.

F. “Council” means the city council of the city of Gig Harbor, Washington, acting in its official capacity.

G. “Encroachment permit” means a permit issued pursuant to Chapter 12.02 GHMC.

H. “Facilities” means all of the plant, equipment, fixtures, pertinences, antennas and other facilities necessary to furnish and deliver telecommunication services and cable television services, including but not limited to poles with cross-arms, poles without cross-arms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.

I. “Franchise” means the initial authorization or a renewal thereof issued by the city, whether such authorization is designated as a franchise, permit, ordinance, resolution, contract, certificate, right-of-way use authorization, or otherwise, which authorizes construction and operation of facilities with the city’s rights-of-way for the purpose of offering cable service, utility or other service to subscribers or patrons.

J. “Franchisee” means the person to whom or which a franchise is granted by the council and the lawful successor, transferee or assignee of said person subject to such conditions as may be defined in the franchise or by the ordinances of the city, including but not limited to the provisions of this chapter.

K. “Master use permit” means the agreement in whatever form whereby the city may grant general permission to a service provider to enter, use, and occupy the right-of-way for the purpose of locating facilities. This definition is not intended to limit, alter or change the extent of the existing authority of the city to require franchise nor does it change the status of a service provider asserting an existing state-wide grant based on a predecessor telephone or telegraph company’s existence at the time of the adoption of the Washington State Constitution to occupy the right-of-way. For the purposes of this definition, a franchise, except for a cable television franchise, is a master use permit. “Master use permit” does not include cable television franchises.

L. “Other ways” means the highways, streets, alleys, utility easements or other rights-of-way within the city which are under the jurisdiction and control of a governmental entity or private party other than the city.

M. “Overhead facilities” means utility poles, utility facilities and cable and television facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

N. “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals, including their lessors, trustees and receivers.

O. “Personal wireless service” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

P. “Right-of-way” means land or an easement acquired or dedicated for public roads and streets, but does not include:

Q. “Service provider” means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. “Service provider” includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.

R. “State” means the state of Washington.

S. “Subscriber” means any person, entity or user of a cable system who lawfully receives cable services or other service therefrom with the franchisee’s express permission.

T. “Telecommunication service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

U. “Transportation improvement plan” or “TIP” means the six-year element of the city’s comprehensive plan as amended annually by adoption by the council.

V. “Use permit” means the authorization in whatever form whereby a city or town may grant permission to a service provider to enter and use the specified right-of-way for the purpose of installing, maintaining, repairing, or removing identified facilities. As used herein, the term shall be synonymous with the term “encroachment permit” as utilized in Chapter 12.02 GHMC. (Ord. 1053 § 1, 2006).