21.02.010 Definitions

In this title, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following meanings:

(a) "Commission" means the Tribal Utility Commission created and established under this title.

(b) "Commissioner" means one of the members of the

Commission.

(c) "Corporation" means a private or public corporation incorporated under the laws of any nation, state or tribe, a municipality, an association, a cooperative whether incorporated or not, a joint stock association, a business trust, a limited liability company or partnership, or any political subdivision or agency.

(d) "Director" means the Tribal Utility Commission Director acting in his official capacity.

(e) "Municipality" means any town, city, or other local government, however organized, but shall not include the Tribe.

(f) "Rate" means every compensation, charge, fare, toll, tariff, rental and classification, or any of them, demanded, observed, charged, or collected by any utility for any service product or commodity, offered by it to the public, and any rules, regulations, practices, or contracts affecting any such compensation, charge, fare, toll, rental, tariff, or classification.

(g) "Service" means the furnishing by any utility of any service product or commodity; the installation, removal, or repair of equipment or facilities for delivering or measuring the service product or commodity of any utility.

(h) "Tribal Utility Commission Account" means the account in a federally-insured financial institution established pursuant to Section 21.03.160.

(i) "Utility" means any person, corporation or other legal entity, its lessee, trustee, and receiver, now or hereafter located, operating or providing services within the Reservation, or maintaining, or controlling within Reservation equipment or facilities for furnishing at retail telecommunications services; pipeline a bulk storage utilities engaged in the transportation or distribution of gas, oil, coal, and water; electric utilities engaged in the generation and distribution of light, heat, or power; gas utilities engaged in the distribution of natural, synthetic, or artificial gas, whether by pipeline or bulk distribution to storage tanks; water companies for the storage and distribution of water for domestic or other beneficial use; heating utilities engaged in the distribution of heat; and all other utilities which operate, maintain, or control any equipment or facilities within the Reservation. No person shall be deemed to be a utility if he furnishes its services only to tenants or cooperative or condominium owners in buildings owned, leased, or operated by such person. No person shall be deemed to be a utility if he furnishes service to occupants of a manufactured home or trailer park owned, leased or operated by such person. No person shall be deemed to be a utility if he produces or furnishes his services to less than twenty-five (25) persons.