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.
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.
A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
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).
Right-of-way use agreement required pursuant to the Cable Act and the Village Code for any cable franchise issued by the Village.
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.
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.
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.
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 .
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:
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
A facility that serves subscribers without using any right-of-way;
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;
An open video system that complies with 47 U.S.C. § 573; or
Any facilities of any electric utility used solely for operating its electric utility system.
A reference to a cable system refers to any part thereof.
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.
A certificate of public convenience issued by the New York Public Service Commission to a public utility.
The Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended and as hereafter amended.
The Department of Public Works of the Village of Kiryas Joel.
A condition that:
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.
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.
A cable franchise agreement or OVS agreement.
A person that is issued a franchise by the Village.
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.
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.
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).
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.
Video programming services that are provided over an open video system.
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.
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.
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.
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.
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.
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.
A license, right-of-way use permit, cable franchise, or OVS franchise issued pursuant to this chapter.
A right-of-way use permit issued pursuant to this chapter.
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.
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.
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).
A permit for excavation of a street for the construction or installation of facilities in any right-of-way in the Village.
Any cable system, OVS system, telecommunications system, or integral part thereof.
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.
The plant, equipment and property within the Village used to transmit, receive, distribute, provide or offer telecommunications service, including fiber optic cable.
A person who provides telecommunications service over telecommunications facilities.
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.
A system that offers telecommunications service.
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for aerial facilities.
The Village of Kiryas Joel, New York.
The Village Attorney of the Village of Kiryas Joel.
The Code of the Village of Kiryas Joel, New York.
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.
All real property now or hereafter owned by the Village whether in fee ownership or other interest.
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.