For the purpose of this chapter, the following terms,
phrases, words and abbreviations shall have the meaning ascribed to
them below:
AFFILIATE
A person or entity:
(1)
With a direct or indirect ownership interest
in the subject entity of 5% or more or who or which controls such
interest, including forms of ownership such as general, limited, or
other partnership interests, direct ownership interests, limited liability
companies and other forms of business organizations and entities but
not including corporations;
(2)
With a stock interest in the subject entity
where the subject entity is a corporation and such stockholder or
its nominee is an officer or director of the grantee or who or which
directly or indirectly owns or controls 5% or more of the outstanding
stock, whether voting or nonvoting; or
(3)
Who or which controls the grantee and/or is
controlled by, or is under common control with, such person or entity.
ATTACHMENT
Any wire, optical fiber or other cable, and any related device,
apparatus or auxiliary equipment, for the purpose of voice, video,
or data transmission.
CONDUIT FACILITY
Any structure, or section thereof, containing one or more
ducts, conduits, manholes, handholes or other such facilities in the
grantee's telecommunications system.
DUCT
A single enclosed raceway for conductors, optical fiber,
wire or other cable.
FACILITY
Any tangible component of the telecommunications system.
FCC
The Federal Communications Commission or successor governmental
entity thereto.
FRANCHISE
The nonexclusive right and privilege granted to the grantee
under this chapter.
GRANTEE
A person in continuous compliance with this chapter.
LICENSEE
Any person franchised, licensed, permitted or otherwise lawfully
occupying space in the public way.
PERSON
Any individual, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
authorized to do business in the Commonwealth of Pennsylvania, and
includes any natural person.
PUBLIC WAY
The surface of, and the space above and below, any public
street, highway, turnpike, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle, or other
public right-of-way, including public utility easements, dedicated
utility strips, or rights-of-way dedicated for compatible uses and
any temporary or permanent fixtures or improvements located thereon
now or hereafter held by the franchise authority in the service area
which shall entitle the franchise authority and the grantee to the
use thereof for the purpose of constructing, leasing, operating and
maintaining the telecommunications system. "Public way" shall also
mean any easement now or hereafter held by the franchise authority
within the service area for the purpose of public travel and/or for
utility and/or public service use dedicated for compatible uses, and
shall include other easements and/or rights-of-way as shall within
their proper use and meaning entitle the franchise authority and the
grantee to use thereof for the purposes of constructing, leasing,
operating, or maintaining the grantee's telecommunications system
over poles, wires, cables, conductors, ducts, conduits, pedestals,
vaults, manholes, amplifiers, appliances, attachments, and other property
as may be ordinarily necessary and pertinent to the telecommunications
system.
SERVICE AREA
The present municipal boundaries of the franchising authority,
and shall include any additions thereto by annexation or other legal
means.
SURPLUS DUCTS OR CONDUITS
Conduit facilities other than those occupied by the grantee
or any prior licensee and unoccupied duct(s) held by the grantee as
an emergency or use spare.
TELECOMMUNICATIONS SERVICES
(1)
Any transmission of communications or information in electrical, electronic, or optical form or by any means, whether now known or hereafter to become known, including but not limited to voice, video, or data, whether or not the content of the transmission or the medium of the transmission is owned by the grantee itself, unless the licensee is able to demonstrate to the franchise authority by a preponderance of the evidence that such transmission is excluded from the definition of "telecommunications services" under Subsection
(2).
(2)
Telecommunications services do not include the
following:
(b)
A specific telecommunications service regulated
by the Commonwealth of Pennsylvania Public Utility Commission as a
public utility for which a certificate of public convenience has been
obtained and a tariff therefor has been filed.
TELECOMMUNICATIONS SYSTEM
All wires, cables, ducts, conduits, vaults, poles and other
necessary facilities owned and/or used by the grantee for the purpose
of providing telecommunications services and located in, under and
above a public way.
YEAR, ANNUAL or ANNUALLY
The period consisting of a full calendar year, beginning
January 1 and ending December 31, unless otherwise provided in this
franchise.