Terms. For the purpose of this article, the following
terms, phrases, words and abbreviations shall have the meanings ascribed
to them below. When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular number and words in the singular number
include the plural number.
AFFILIATE
A person:
(1)
With a direct or indirect ownership interest
in the subject entity of 5% or more 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 directly
or indirectly owns or controls 5% or more of the outstanding stock,
whether voting or nonvoting; or
(3)
Which controls grantee and/or is controlled
by or is under common control with such person or entity.
CABLE OPERATOR
Shall have the same meaning as used in the Communications
Act.
CABLE SERVICE
Shall have the same meaning as used in the Communications
Act.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended, as of the time
of enactment of this article.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area but which is exempt from the provisions of this article under §
197-4B of this article.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this article and
who is in continuous compliance with this article.
GROSS REVENUE
All gross revenue of grantee or any affiliate of grantee
derived from the use or occupancy of public ways for the provision
of nonexempt services to persons having a residence or place of business
in the service area. "Gross revenue" shall include amounts earned,
regardless of:
(1)
Whether the amounts are paid in cash, in trade,
or by means of some other benefit to grantee or its affiliates;
(2)
Whether the services with which the revenue
is associated are provided at cost or the revenue amount can be matched
against an equivalent expenditure; and/or
(3)
How the amounts are initially recorded by grantee
or its affiliates. "Gross revenue" shall not be a net of:
(a)
Expense, including but not limited to any operating
expense, capital expense, sales expense, or commission;
(b)
Any accrual, including, without limitation,
any accrual for commissions; or
(c)
Any other expenditure, regardless of whether
such expense, deduction, accrual, or expenditure reflects a cash payment.
Gross revenue shall not be double counted, viz., gross revenue which
has been included as gross revenue of both grantee and an affiliate
but which sum is included in gross revenue due solely to a transfer
of funds between grantee and the affiliate shall not be counted for
purposes of determining gross revenue.
NONEXEMPT
A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this article under §
197-4B of this article.
PERSON
(1)
Any natural person, sole proprietorship, partnership,
association, limited liability company, corporation or other form
of organization authorized to do business in the Commonwealth of Pennsylvania;
and
(2)
Provides or seeks to provide one or more nonexempt
services to residences or businesses in the service area. A governmental
entity or a municipal authority is not a "person."
PUBLIC WAY
The surface of, and the space above and below, any public
street, unopened right-of-way, highway, turnpike, bridge, land path,
alley, court, boulevard, sidewalk, parkway, way, lane, public way,
drive, circle, or other public right-of-way held by the Township in
the service area. Public way shall also mean any easement now or hereafter
held by the Township within the service area for the purpose of public
travel and/or for utility and/or public service use dedicated for
compatible uses.
SERVICE AREA
The present municipal boundaries of the Township and shall
include any additions thereto by annexation or other legal means.
TOWNSHIP
The Township of East Hempfield, County of Lancaster, Commonwealth
of Pennsylvania, or the lawful successor, transferee, or assignee
thereof