Which controls grantee and/or, is controlled by, or
is under common control with such person or entity.
BOROUGH
The Borough of Chambersburg, Commonwealth of Pennsylvania,
or the lawful successor, transferee, or assignee thereof.
CABLE SERVICE
The same meaning as used in the Communications Act.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended as of the time
of enactment of this chapter.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area, but which is exempt from the provisions of this chapter under §
238-4B, Exemptions, of this chapter.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this chapter and
who is in continuous compliance with this chapter.
GROSS REVENUE
All gross revenue of grantee or any affiliate of grantee
derived from the use or occupancy of public ways for the provision
of nonexempt services to persons having a residence or place of business
in the service area. "Gross revenue" shall include amounts earned,
regardless of whether the amounts are paid in cash, in trade, or by
means of some other benefit to grantee or its affiliates; whether
the services with which the revenue is associated are provided at
cost or the revenue amount can be matched against an equivalent expenditure;
and/or how the amounts are initially recorded by grantee or its affiliates.
"Gross revenue" shall not be a net of expense, including but not limited
to any operating expense, capital expense, sales expense, or commission;
any accrual, including, without limitation, any accrual for commissions;
or any other expenditure, regardless of whether such expense, deduction,
accrual, or expenditure reflects a cash payment. "Gross revenue" shall
not be double counted, viz., "gross revenue" which has been included
as gross revenue of both grantee and an affiliate but which sum is
included in gross revenue due solely to a transfer of funds between
grantee and the affiliate shall not be counted for purposes of determining
gross revenue.
INFORMATION SERVICE
The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications, and includes electronic publishing,
but does not include any use of any such capability for the management,
control, or operation of a telecommunications system or the management
of a telecommunications service. Cable modem service and wireline
broadband Internet access service are examples of an information service.
INFRASTRUCTURE
All wires, cables, ducts, conduits, vaults, poles and other
necessary facilities owned and/or used by the grantee for the purpose
of providing telecommunications service and/or for providing information
service located in, under and above a public way. Infrastructure shall
not include any wireless transmission media or equipment, including
but not limited to radio energy transmitting and receiving devices
and antennas.
NONEXEMPT
A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this chapter under §
238-4B, Exemptions, of this chapter.
PERSON
Any natural person, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
or juridical person authorized to do business in the Commonwealth
of Pennsylvania and provides or seeks to provide one or more nonexempt
services to residences or businesses in the service area. A governmental
entity or a municipal authority is not a person.
PUBLIC WAY
The surface of, and the space above and below, any public
street, unopened right of way, highway, turnpike, bridge, land path,
alley, court, boulevard, sidewalk, parkway, way, lane, public way,
drive, circle, or other public right of way held by the Borough in
the service area. "Public way" shall also mean any easement now or
hereafter held by the Borough within the service area for the purpose
of public travel and/or for utility and/or public service use dedicated
for compatible uses.
SERVICE AREA
The present municipal boundaries of the Borough, and shall
include any additions thereto by annexation or other legal means.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.