No person shall construct, operate or continue to operate a private communications system which occupies the streets, public ways and public places within the Borough without having been issued a license or licenses by the Borough.
A. 
Any license issued by the Borough in accordance herewith shall be for a term of one year and shall be a nonexclusive license for the use of the streets, public ways or public places within the Borough as specified in the license for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a private communications system.
B. 
Any license issued by the Borough is renewable annually upon establishment by the licensee to the satisfaction of the Borough that the licensee is in compliance with this chapter and all applicable federal, state and local ordinances and regulations and the space occupied is not needed for a public purpose.
A. 
Any license issued for a private communications system in accordance herewith shall apply only to the location or locations stated on the license or licenses.
B. 
Nothing in this chapter shall be construed as a representation, promise or guarantee by the Borough that any permit or other authorization required under any Borough ordinance for the construction or installation of a private communications system shall be issued.
All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance and dismantling of a private communications system provided for herein shall be in accordance with all applicable FCC and other federal, state and local laws and regulations, including but not limited to the most recent editions of the National Electrical Code and the National Electricity Safety Code.
A. 
All persons submitting a request for a license to construct a private communications system shall file with their request bonds solely for the protection of the Borough with a surety company or trust company or companies as surety or sureties in an amount determined by the Borough to protect the Borough from any and all damages or costs suffered or incurred by the Borough as a result thereof, including, but not limited to, attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs, up to the full principal amount of each bond. This condition shall be a continuing obligation during the term of any license issued in accordance herewith and thereafter until the licensee shall have satisfied in full any and all obligations to the Borough which may arise out of or pertain to the license for a private communications system.
B. 
None of the provisions of this section or any bond accepted by the Borough pursuant hereto, nor any damages recovered by the Borough thereunder, shall be construed to excuse the faithful performance by or limit the liability of the licensee under this chapter or any license issued in accordance herewith or for damages either to the full amount of such bond or otherwise.
It shall be a term and condition of any license issued in accordance herewith that as a part of the consideration supporting the issuance of such license and the Borough's permission thereby to occupy and use the streets of the Borough, that the licensee shall pay each year to the Borough the following compensation and license fee.
A. 
Any private communications system which serves no customers other than itself shall pay compensation and license fees in the amount of $1 per linear foot for each diameter inch or less of underground conduit or wire or each 0.250 diameter inch or less of aerial wire per annum. In no event shall the fee be less than $250 per annum.
B. 
Any private communications system that serves customers within the Borough shall pay annually 5% of the annual total local gross revenues from such customers to be calculated on the basis of all revenues derived from transmissions that bypass the LATA. Revenues derived from transmissions that enter a private communications system through the LATA shall not be part of the total local gross revenues for purposes of calculating compensation and license fees.
A. 
The annual compensation and license fee provided for in § 72-8A shall be payable annually on or before February 1 of each calendar year.
B. 
The annual compensation and license fee provided for in § 72-8B shall be assessed quarterly for the preceding quarter, as of March 31, June 30, September 30 and December 31 of each year.
(1) 
Each quarterly payment shall be payable and reportable no less than 30 days after the relevant assessment date.
(2) 
Each payment shall be accompanied by a report from the licensee in a form approved by the Borough showing the basis for the computation and such other relevant data as may be required by the Borough.
(3) 
Each of such reports shall contain a notarized verification by the chief financial officer of the licensee and such reports shall be verified annually, if requested by the Borough, within 90 days of the close of business of the last day of the calendar year, by a certified public accountant at the expense of the licensee.
(4) 
Failure to comply strictly with this section shall be deemed to be a violation of this chapter and shall subject the licensee to all penalties and remedies, both legal and equitable, which are available to the Borough.
C. 
The acceptance of any payment required hereunder by the Borough shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the Borough may have for additional sums due and payable.
(1) 
All fee payments shall be subject to audit by the Borough Treasurer and assessment or refund if the payment is found to be in error.
(2) 
In the event that such audit results in an assessment by and an additional payment to the Borough, such additional payment shall be subject to interest at the rate of 6% per year, which shall be due and payable immediately.
D. 
Nothing in this chapter shall be construed to limit the liability of the licensee for all applicable federal, state and local taxes.
A. 
Before commencing construction of its private communications systems in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the Borough, the licensee shall first obtain the written approval of the Borough.
B. 
Upon obtaining such written approval, the licensee shall give the Borough written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than 10 days before such commencement.
C. 
Any person who submits a request for a license in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed private communications system, which agreements shall become effective on the date of the execution of the license issued in accordance herewith in the event that such person is issued a license.
D. 
It shall be unlawful for the licensee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in Subsections A and B hereof. Violation of this section shall subject the licensee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the Borough.
E. 
The licensee shall restore any street or sidewalk it has disturbed and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner.
F. 
The licensee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the Borough because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, Borough-owned power or signal lines, tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare.
G. 
Nothing in this chapter or any license issued in accordance herewith shall be construed as authorizing the licensee to erect and maintain new poles in areas serviced by existing poles. The licensee shall obtain written approval from the Borough and any other appropriate state or federal agencies before erecting any new poles or underground conduits where none exist.
H. 
The licensee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair.
I. 
The licensee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the Borough and shall furnish as soon as they are available two complete copies of such maps and records to the Borough.
J. 
The licensee shall comply with all rules and regulations issued by the Borough governing the construction and installation of private communication systems. In addition:
(1) 
All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires.
(2) 
Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations.
(3) 
All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the Borough.
(4) 
All installations shall be underground in those areas of the Borough where both telephone and electric utilities' facilities are underground at the time of the installation of the licensee's private communications system. In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the licensee's private communications system, the licensee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the licensee shall likewise place its facilities underground at its sole cost and expense.
(5) 
The licensee, upon reasonable notice by the Borough, shall temporarily or permanently remove, adjust, raise or lower its facilities within the right-of-way when the Borough determines that such action is needed for public use of the right-of-way, including but not limited to the passage of nonstandard vehicles.
(6) 
The licensee shall obtain the written permission of the owner, including the Borough, of any tree or other vegetation before it trims or prunes the same.