For the purposes of this Chapter, the following terms, phrases, words, and their derivations will have the meaning given below. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "will" is mandatory and "may" is permissive.

1. A.  Business License Appeals Board means the board in City Code Section 7.02.295 of the City Code.
2. B.  Bureau means the City of Portland, Oregon, Bureau of Planning and Sustainability, along with its employees and agents, or such other bureau as the City Administrator may designate.
3. C.  Cable service is defined consistent with federal laws and means the one-way transmission to subscribers of video programming or other programming service along with subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
4. D.  City means the City of Portland, an Oregon municipal corporation, and individuals authorized to act on the City’s behalf.
5. E.  Competitive telecommunications provider means a telecommunications services provider that has been classified as a competitive telecommunications provider by the Oregon Public Utility Commission pursuant to ORS 759.020.
6. F.  Director means the director of the City’s Bureau of Planning and Sustainability or any successor City bureau.
7. G.  Fossil fuels means petroleum products (such as crude oil and gasoline), coal, methanol, and gaseous fuels (such as natural gas and propane) that are made from decayed plants and animals that lived millions of years ago and are used as a source of energy. Denatured ethanol and similar fuel additives with less than five percent fossil fuel content, biodiesel/renewable diesel with less than five percent fossil fuel content, and petroleum-based products used primarily for nonfuel uses (such as asphalt, plastics, lubricants, fertilizer, roofing, and paints) are not fossil fuels. For the purposes of this Chapter, hydrogen, renewable natural gas, and other low or lower carbon fuel sources are not considered fossil fuels.
8. H.  Except as otherwise provided herein, gross revenues means revenue received from retail residential and commercial customers for utility services provided within the City less related net uncollectibles. Gross revenues of a utility include revenues from the use, rental, or lease of the utility’s operating facilities. Gross revenues do not include proceeds from the sale of bonds, mortgages or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the utility purchasing the service is not the ultimate customer, amounts billed to each utility’s customers for utility license fees due under this ordinance, or revenue from joint pole use.
9. I.  License means the authorization granted by the City to a utility operator pursuant to this Chapter.
10. J.  Licensee means a utility operator subject to the provisions of this Chapter.
11. K.  Macro wireless facility or macro site means any wireless communications facility that is not a small wireless facility. A macro wireless facility does not include fiber, coaxial cable, or similar equipment located within the right-of-way except for the fiber, coaxial cable, or similar equipment that is necessary for the sole purpose of operating the facility. For example, the power and fiber connections that run from the power demarcation points and fiber demarcation point to the equipment and coaxial cables, fiber and power that run between equipment and antennas are considered components of the macro wireless facility. For the purposes of this definition, the demarcation point is the specific location to which the relevant power and fiber providers deliver service and from which the wireless communications service provider is responsible for the fiber, coaxial cable, and similar equipment.
12. L.  Notice means any written communication sent to a licensee’s address listed on license’s application or the address listed on licensee’s most recent tax filing with the City. Notice also includes any electronic communication sent to a licensee’s agent when that agent both acknowledges and holds themselves out to be the relevant point-of-contact.
13. M. Person means and includes any individual, firm, sole proprietorship, corporation, company, partnership, co-partnership, joint-stock company, trust, limited liability company, association, local service district, governmental entity, or other organization, including any natural person or any other legal entity.
14. N.  Pipeline system means all pipeline facilities, together with pump stations, gathering lines, and distribution facilities for the transportation of petroleum or petroleum products, including asphalt, aviation gasoline, and distillate fuel oil, located in or below the right-of-way.
15. O.  Public communications system means any system owned or operated by a government entity or entities for their exclusive use for internal communications or communications with other government entities, and includes services provided by the State of Oregon pursuant to ORS 190.240 and 283.140. Public communications system does not include any system used for sale or resale, including trade, barter, or other exchange of value, of communications services or capacity on the system, directly or indirectly, to any person.
16. P.  Right-of-way means and includes, but is not limited to, the surface of and the space above and below any street as defined in Portland City Code Section 17.04.010, road, alley, or highway within the City, used or intended to be used by the general public, to the extent the City has the right to allow for such use.
17. Q.  Small wireless facility or small cell is defined consistent with federal law and means any wireless communications facility in the right-of-way that:
    1. 1.  has one or more antennas, each of which is no more than three cubic feet in volume, either: mounted on a structure 50 feet or less in height, including the antenna(s); or mounted on a structure no more than  10 percent taller than other adjacent structures; or that does not extend an existing structure on which the antenna(s) is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; and
    2. 2.  has a volume of no more than 28 cubic feet for all equipment associated with the structure, including all antenna equipment, wiring, and cabling associated with the antenna(s) and is located at the same fixed location as the antenna(s) and any pre-existing equipment. Except as provided in the foregoing, a small wireless facility does not include fiber, coaxial cable, conduit, or similar equipment located within the right-of-way.
18. R.  State means the State of Oregon.
19. S.  Telecommunications services means:
    1. 1.  The transmission of information chosen by a telecommunications utility customer, between or among points specified by the customer, without change in the form or content of the information sent or received, offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the transmission protocol employed, and whether or not the transmission medium is owned by the provider itself.
    2. 2.  Telecommunications services does not include:
       1. a. Cable service, whether provided over a cable system or an open video system, as defined in 47 C.F.R. Part 76.
       2. b.  Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor.
       3. c.  Public communications systems.
       4. d.  Wireless communications services.
       5. e.  Direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996 (47 U.S.C. § 152 note).
20. T.  Telecommunications utility means:
    1. 1.  Any person that owns, operates, manages, or controls all or a part of any utility facility in the City for the provision of telecommunications services, directly or indirectly to or for the public, whether or not the utility facility, or any portion thereof, is wholly within the City.
    2. 2.  Any person that is party to an oral or written agreement for the payment by a telecommunications utility, for service, managerial construction, engineering or financing fees, and has an affiliated interest with the telecommunications utility.
    3. 3.  Telecommunications utility does not include:
       1. a.  Any public communications system.
       2. b.  Any person not providing intrastate telecommunications service to the public in this state, whether or not the person has an office in this state or has an affiliated interest with a telecommunications utility as defined in this Chapter.
       3. c.  Any person acting only as a competitive telecommunications provider.
       4. d.  Any person providing only telephone customer premises equipment to the public.
       5. e.  Providers of wireless communications services.
21. U.  Use means any person or utility operator who utilizes the right-of-way to provide a utility service.
22. V. Utility facility or facility means any physical component of a system, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, transmitters, plants, structures, equipment, and other facilities, located within, under, or above the right-of-way, any portion of which is used or designed to be used to deliver, transmit, or otherwise provide utility service(s).
23. W.  Utility operator or operator means any person who uses, owns, places, operates, or maintains a utility facility within the City, whether or not such person provides utility services.
24. X.  Utility service means the provision of electricity, natural gas, telecommunications services, cable services, water, sewer, storm sewer, pipeline, public pay phones, wireless communications services, or other services to or from customers within the corporate boundaries of the City, or the transmission of any of these services through the City, whether or not customers within the City are served by those transmissions.
25. Y.  Wireless communications services means any wireless service using Federal Communications Commission-licensed or unlicensed spectrum, including, without limitation, any personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(C).
26. Z.  Work means the construction, demolition, installation, replacement, repair, maintenance, or relocation of any utility facility, including but not limited to, any excavation and restoration required in association with such construction, demolition, installation, replacement, repair, maintenance, or relocation.