7.04.010 Definitions

The following definitions shall apply to all provisions of the Saint Regis Mohawk Communications Regulatory Act:

(a) "Act" means the Saint Regis Mohawk Communications Regulatory Act.

(b) "Broadcasting" means the dissemination of any radio or television communications intended to be received by the public, both directly or by the intermediary of relay stations.

(c) "Certificate of Public Convenience and Necessity" or "CPCN" means the certificate issued by the Commission to authorize communications business or related activities within the defined service areas of the Saint Regis Mohawk Tribe, as that territory from time to time may be enlarged.

(d) "Commission" means the Saint Regis Mohawk Telecommunications Regulatory Commission or any successor agency authorized by the Saint Regis Mohawk Tribe to regulate Communication Services.

(e) "Communications Service" means any of the following: Telecommunications Service (as defined in 47 U.S.C. § 153(20)); Video Service; broadband service; advanced services (as defined in 47 C.F.R. § 51.5); and Internet protocol-enabled service; however these services are classified by the FCC.

(f) "Communications Service Provider" means a person or entity that offers Communications Services to customers on Tribal Land without regard to the technology or medium used by the person or entity to provide the Communications Service.

(g) "Communications Service System" means the facilities including office and billing functions by which the Communications Service Provider provides Communications Service.

(h) "Cramming" means the illegal practice of adding charges to a subscriber's bill for services not ordered.

(i) "Customer" means someone who receives a communications service whether for a fee, in exchange for a benefit, or gratis.

(j) "Facilities-based Provider" means a person or entity that provides Communications Services by constructing and operating its own facilities.

(k) "Federal Communications Commission" or "FCC" means that agency as presently authorized by the U.S. Congress or any successor agency authorized by the Congress that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and U.S. territories.

(l) "Franchise Agreement" means the agreement entered into by the recipient of a Franchise and the Saint Regis Mohawk Tribe that provides the terms of a Franchise, privilege, permit, license, or other authorization to construct, operate, maintain, or manage Communication Services within the Saint Regis Mohawk Tribe's jurisdiction.

(m) "Franchise" means an initial authorization, or a renewal of an authorization, that is issued by the Commission and authorizes the construction or operation of Communication Services on Tribal Land.

(n) "Person" means a natural person, either a Saint Regis Mohawk Tribal member, nonmember, sole proprietorship, partnership, corporation, limited liability company or professional association, joint venture, trust, estate, unincorporated association, any wholly owned enterprise of the Tribal government, public or private organization, and any part, division, or agency of any of the foregoing or any other entity.

(o) "Pole Attachment" means an attachment of a wire or cable by a telephone system, or a cable television system to a pole; the term also includes ducts or conduits and other underground apparatus requiring the use of public right-of-way, owned or controlled by a public utility.

(p) "Rates" mean any rate, toll, rental, charge or surcharge, or classification of any person engaged in providing Communication services.

(q) "Reseller" means a person or entity that provides Communications Services by subscribing to the Communications Services or facilities of another Communications Service Provider and resells those services to the public.

(r) "Slamming" means the illegal practice of changing a subscriber's service without first obtaining the consent of the subscriber.

(s) "Saint Regis Mohawk Tribe" or "SRMT" means the federally recognized tribe.

(t) "Saint Regis Mohawk Tribal Council" means the duly elected governing body of the Saint Regis Mohawk Tribe, comprised of three chiefs and three sub-chiefs.

(u) "Saint Regis Mohawk Tribal Court" means the judicial branch of the Tribal government comprised of a Chief Judge, Associate Judges and staff and who operate pursuant to Tribal Law.

(v) "Subscriber" means the person or entity in whose name service is rendered, as evidenced by the signature on the application or contract for that service, or by the receipt and/or payment of statements, invoices, or bills regularly issued in such name regardless of the identity of the actual user of the service.

(w) "Tariff" means the filed and approved rates, rules, and regulations of a Communication Service Provider that sets forth the services and products offered and the rates charged, and the terms and conditions for the use of those services and products.

(x) "Tribal Land" means the Saint Regis Mohawk Reservation, including all Indian Lands or Indian Country of the Saint Regis Mohawk Tribe, as may from time to time be expanded and any and all lands within the jurisdiction of the Saint Regis Mohawk Tribe.

(y) "Video Service" means the transmission to subscribers of video programming (as defined in 47 U.S.C. § 522(20)) and other programming that a provider makes generally available to all subscribers through facilities located at least in part in a public right-of-way and without regard to the technology used for delivery.

(z) "Video Service System" means a system consisting of a set of transition paths and associated signal generation, reception, and control equipment that is designed to provide Communications Service directly to subscribers within the Tribal Land. The term includes, but is not limited to, the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used to provide Video Service. The term does not include a system that transmits Communications Service without using any public right-of-way.