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<br />capable of being used to transmit, convey, route, receIve, distribute, provide or offer <br /> <br />Communications Services. <br /> <br />6. "FCC" shall mean the Federal Communications Commission. <br /> <br /> <br />7. "In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on, <br /> <br /> <br />over, under or across the Public Rights-of-Way. <br /> <br /> <br />8. "Ordinance" shall mean this Ordinance. <br /> <br /> <br />9. "Person shall include any individual, children, firm, association, joint venture, <br /> <br /> <br />partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal <br /> <br />entity of any kind, successor, assignee, transferee, personal representative, and all other groups <br /> <br />or combinations, and shall include the City to the extent the City acts as a Communications <br /> <br />Services Provider. <br /> <br />10. "Place or maintain" or "placement or maintenance" or "placing or maintaining" <br /> <br />shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, <br /> <br />locate or relocate. A Communications Services Provider that owns or exercises physical control <br /> <br />over Communications Facilities in Public Rights-of-Way, such as the physical control to <br /> <br />maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only <br /> <br />through resale or only through use of a third party's unbundled network elements is not "placing <br /> <br />or maintaining" the Communications Facilities through which such service is provided. The <br /> <br /> <br />transmission and receipt of radio frequency signals through the airspace of the Public Rights-of- <br /> <br /> <br />Way does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way. <br /> <br />5 <br />