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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 7 Business Licenses Chapter 7.14 Utility License Law
7.14.040 Definitions.

(Amended by Ordinance Nos. 182527, 184882 and 185756, effective January 1, 2013.)

 

A.  “Bureau” means the Revenue Bureau of the City of Portland, Oregon, along with its employees and agents, or such other bureau as the City Council may designate.

 

B.  “Cable Communications Utility” means a business that provides cable service or telephone service to subscribers, including voice services delivered through the use of Internet protocol, through its own cable system or a cable system owned by another person.

 

C.  “Director” means the Bureau Director.

 

D.   “Gross revenue” means any revenue earned within the City, after adjustment for the net write-off of uncollectible accounts, from the sale of electrical energy, gas, district heating or cooling, or water, or sewage disposal and treatment service, and for use, rental, or lease of operating facilities of the utility engaged in such business, from the furnishing or sale of communications or associated services by or from a telecommunications or cable communications business.

Gross revenues do not include proceeds from:

 

1.  The sale of bonds, mortgages, or other evidence of indebtedness, securities, or stocks, or sales at wholesale by one utility to another of electrical energy when the utility purchasing such electrical energy is not the ultimate consumer; or

 

2.  Public purpose charges collected by a utility selling electrical energy or gas.  For purposes of this Subsection, “public purpose charges” means a charge or surcharge to a utility customer that the utility is required or authorized to collect by federal or state statute, administrative rule, or by tariff approved by the Oregon Public Utility Commission, that raises revenue for a public purpose and not as compensation for either the provision of utility services or for the use, rental, or lease of the utility’s facilities within the City.  “Public purpose” includes energy efficiency programs, market transformation programs, low-income energy efficiency programs, carbon offset programs and other types of programs designed to benefit utility customers within Oregon and the City.

 

3.  Revenues associated with Universal Service funding requirements under 47 U.S.C. § 254 (2012) or revenues associated with taxes for emergency communications under ORS Chapter 403 (2011).

 

E.  “Internet Service" means a service that includes computer processing applications, provides the user with additional or restructured information, or permits the user to interact with stored information through the internet or a proprietary subscriber network. "Internet service" includes provision of internet electronic mail, access to the internet for information retrieval, and hosting of information for retrieval over the internet or the graphical subnetwork called the world wide web.  "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.

 

F.  “Licensee” means any person or entity coming within the provisions of the Utility License Law, whether or not application has been made or a utility license has been issued.

 

G.   “Public Safety Radio System” means a radio system whose licensing and use of radio transmitters by state and local government and non-governmental entities is regulated by the Federal Communications Commission as engaged in public safety activities.

 

H.   “Telecommunications” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming or any other information between or among points by wire, cable, fiber optics, laser, microwave, radio, or similar facilities, with or without benefit of any closed transmission medium , but does not include:

 

1.  cable television services;

 

2.  private telecommunications network services;

 

3.  over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto;

 

4.  direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996;

 

5.  services  provided solely for the purpose of providing internet service to the consumer;

 

6.  public safety radio systems;

 

7.  mobile service within the meaning of 47 U.S.C. § 153(33) (2012) and

 

8.  services to devices exclusively utilizing electromagnetic spectrum unlicensed by the Federal Communications Commission.

 

I.  “Utility” means the business of supplying electrical energy, gas, district heating or cooling, water, sewage disposal and treatment, cable, telecommunications, or other services through or associated with telephone or coaxial cable, and other operations for public service but does not include transportation service, railroad operations, or services otherwise licensed under this Title.