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.
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.
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.