Terms used in this article shall have the following meanings,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this article shall be construed consistent
with Title 47 of the United States Code, and, if not defined therein,
with their common and ordinary meaning.
AERIAL FACILITIES
Poles, wires, cables, equipment, and other facilities located
above the surface of the ground, including their underground supports
and foundations. Such term does not include private driveways, newspaper
vending machines, street banners, canopies or other minor obstructions
located in the rights-of-way.
AFFILIATE
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, and as hereafter amended (47
U.S.C. § 521 et seq., as hereafter amended).
CABLE FRANCHISE AGREEMENT
Right-of-way use agreement required pursuant to the Cable
Act and the Village Code for any cable franchise issued by the Village.
CABLE FRANCHISE FEE
A fee paid by a cable operator pursuant to a cable franchise
agreement for the cable operator's use of the Village's
rights-of-way. The fee is calculated as a percentage of the cable
operator's gross revenues from the operation of the cable system
to provide cable services in the Village.
CABLE FRANCHISE or FRANCHISE
Right-of-way use authorization pursuant to this chapter authorizing
a person to own, construct, operate and maintain a cable system to
provide cable service or an OVS system to provide OVS service within
the Village.
CABLE OPERATOR
A person providing or offering to provide cable service over
a cable system within the Village as that term is defined in the Cable
Act.
CABLE SERVICE
The transmission to subscribers of video programming or other
programming service and subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming
service .
CABLE SYSTEM
A.
Facilities consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the Village;
but such term does not include:
(1)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(2)
A facility that serves subscribers without using any right-of-way;
(3)
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such facility shall be considered a
cable system [other than for purposes of 47 U.S.C. § 541(c)]
to the extent such facility is used in the transmission of video programming
directly to subscribers;
(4)
An open video system that complies with 47 U.S.C. § 573;
or
(5)
Any facilities of any electric utility used solely for operating
its electric utility system.
B.
A reference to a cable system refers to any part thereof.
C.
This definition of "cable system" shall in no way be deemed
to circumscribe or limit the valid authority of the Village to regulate
or authorize the facilities and/or services of any other telecommunications
provider or other person that owns, constructs, operates, or maintains
facilities in the right-of-way.
CERTIFICATE
A certificate of public convenience issued by the New York
Public Service Commission to a public utility.
COMMUNICATIONS ACT
The Communications Act of 1934, 47 U.S.C. § 151
et seq., as amended and as hereafter amended.
DEPARTMENT
The Department of Public Works of the Village of Kiryas Joel.
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
FACILITY(IES)
Conduit, pipes, cables, wires, lines, towers, optic fiber,
antennas, poles, associated equipment and appurtenances, and any other
facilities located in the right-of-way and designed, constructed,
and/or used, by telecommunications providers, nonmunicipal public
utilities, or other persons for transmitting, transporting, or distributing
communications, telecommunications, electricity, natural gas or manufactured
gas, oil, gasoline, steam, or any other form of energy, signal or
substance.
FRANCHISE
A right-of-way use authorization pursuant to this chapter
that authorizes a person to own, construct, operate and maintain a
cable system to provide cable service or an OVS system to provide
OVS service within the Village.
FRANCHISEE
A person that is issued a franchise by the Village.
INFORMATION SERVICE
The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications (whether over a cable system, telecommunications
system, open video system, or any other type of facilities), 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.
NON-PSC REGULATED ENTITY or ENTITY
Any corporation, company, association, joint stock company,
firm, partnership, limited liability company, or other entity; municipal,
industrial development, housing, redevelopment, and other authority
or corporation established pursuant to statutes of the State of New
York; and any individual not regulated as a public utility by the
Public Service Commission.
OBSTRUCTION(S)
Within the meaning of this article, shall have the same meaning
and shall include the same obstructions as specified in New York Highway
Law § 319(1).
OPEN VIDEO SYSTEM or OVS
Facilities consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that
is designed to provide video programming services. Cable service,
and/or services similar to cable service to multiple subscribers within
the Village and which the Federal Communications Commission or its
successor has certified as compliant with Part 76 of its rules, 47
CFR Part 76.1500 et seq., as amended from time to time; provided that
an open video system is not a system of telecommunications facilities
and does not provide telecommunications service to the extent that
it provides only video services; and provided further that an open
video system means only those facilities that are operated by a person
authorized to provide video services pursuant to Section 653 of the
Communications Act of 1934, as amended, 47 U.S.C. § 573,
where such person is properly certificated to provide such services
pursuant to applicable Federal Communications Commission regulations.
PERMITTEE
The recipient of a right-of-way use permit or cable franchise that is issued by the Village pursuant to this chapter, and persons holding existing franchises, special ordinances, or other authorizations that are subject to the transitional provisions set forth in §
124-9, including the Village, its departments, agencies, and authorities.
PERSON
Corporations, companies, associations, joint stock companies,
firms, partnerships, limited liability companies, and other entities;
industrial development, housing, redevelopment, and other authorities
and corporations established pursuant to statutes of the State of
New York; and individuals.
POLICIES AND PROCEDURES
The written regulations, standards, operations and/or courses
of action established by the Village to implement the provisions of
this chapter. The preparation and promulgation of Policies and Procedures
are solely the function of the Village and not the employees, agents
or assignees of the Village.
PSC-REGULATED UTILITY
Any entity which is operating as a public utility as defined
under the New York Public Service Code, and is subject to regulation
by the NYPSC, regardless of whether or not the entity has been issued
a certificate of public convenience by the New York Public Service
Commission.
PUBLIC SERVICE COMMISSION or PSC
The state administrative agency or lawful successor thereto,
authorized to regulate and oversee public utilities and telecommunications
providers and telecommunications services in the State of New York,
to the extent provided by law.
PUBLIC UTILITY or UTILITY
Shall be defined as that term is defined in the New York
Public Service Code as of the effective date of this chapter, and
as hereafter amended.
RIGHT-OF-WAY, RIGHTS-OF-WAY or ROW
The surface of and space above and below any real property
in the Village in which the Village has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Village, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes but excluding
lands other than streets that are owned by the Village . The phrase
"in the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way.
SERVICE(S)
Any telecommunications service, cable service, OVS service,
video programming service, information service, utility service (including,
but not limited to, electric, gas, water, or steam service), or other
form of service provided by means of facilities located in the right-of-way.
STREET
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in the street(s)" means in, on, over,
along, above and/or under the street(s).
STREET OPENING PERMIT
A permit for excavation of a street for the construction
or installation of facilities in any right-of-way in the Village.
SYSTEM
Any cable system, OVS system, telecommunications system,
or integral part thereof.
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 FACILITIES
The plant, equipment and property within the Village used
to transmit, receive, distribute, provide or offer telecommunications
service, including fiber optic cable.
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.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for aerial facilities.
VILLAGE
The Village of Kiryas Joel, New York.
VILLAGE CODE
The Code of the Village of Kiryas Joel, New York.
VILLAGE ENGINEER
The Village Engineer of the Village of Kiryas Joel. Except
for the preparation and promulgation of Policies and Procedures, such
term shall include the employees, agents and assignees of the Village
Engineer.
VILLAGE PROPERTY
All real property now or hereafter owned by the Village whether
in fee ownership or other interest.
VILLAGE WORK
All construction work performed by the Village or any of
its departments, either with its own personnel or under contract,
including repair, alteration, replacement, or maintenance of facilities
owned, operated, maintained, or controlled by the Village or for which
the Village is responsible.
All public utilities regulated by the Public Service Commission
owning or operating facilities in the Village's rights-of-way
shall comply with the requirements set forth herein.
All public utilities shall be deemed to have a license from
the Village to occupy the rights-of-way in accordance with the requirements
of this chapter, the Highway Law of the State of New York and the
Village Law of the State of New York.
On or before March 1 of every even-numbered year, each public
utility shall submit to the Department two paper copies and one electronic
copy of as-built map or maps and engineering specifications as set
forth in the Policies and Procedures depicting and certifying the
location of all its existing facilities within the right of-way. Such
electronic and paper maps and engineering specifications shall be
submitted in a format and include the information required by the
Village. If the maps are not provided in the required format, then
the utility shall reimburse the Village for the cost of converting
paper maps into electronic form or the cost of converting electronic
maps in another format into the required format. Such maps are, and
shall remain, confidential documents and are exempt from public disclosure
under New York's Freedom of Information Law, New York Public
Officers Law § 87. After submission of the as-built maps
required under this section, each public utility having facilities
in the Village rights-of-way shall update such maps as required under
this chapter.
In addition to the inspections during construction provided in §
124-18, the Village may conduct inspections of the Village rights-of-way in order to ensure that utility facilities located within such rights-of way do not constitute a public safety hazard, and remain in compliance with the standards set forth by the Public Service Commission. Such inspections shall be limited to establishing whether such facilities meet relevant PSC standards, and comply with such Village construction standards as they relate to the opening and closing of Village streets, curbs, and sidewalks, as provided under Chapter
124, Article
II, of the Village Code. In the event that the Village determines that any facilities of a utility are not in compliance with such standards, then the Village may bring a complaint against such utility before the Public Service Commission, in accordance with established PSC procedures . The Village may also elect, in its discretion, to notify the utility of the existence of any noncompliant facilities, in order to abate such violations without the need for the filing of a formal PSC complaint. If the Village decides, in its discretion, that it must perform a second inspection of any facilities either being constructed or already installed by such utility, then such utility shall pay the cost of such second inspection.
In the event that any part of these regulations are for any
reason modified or invalidated, the other portions of said regulations
not affected thereby shall remain in full force and effect.
The Board of Trustees hereby declares its legislative intent
to supersede any provision of any local law, rule, or regulation or
provision of the law inconsistent with this article. The provisions
of law intended to be superseded include all the Village Law and any
other provision of law that the Village may supersede pursuant to
the Municipal Home Rule Law and the Constitution of the State of New
York. The courts are directed to take notice of this legislative intent
and apply it in the event the Village has failed to specify any provision
of law that may require supersession. The Board of Trustees hereby
declares that it would have enacted this chapter and superseded such
inconsistent provision had it been apparent.