This chapter shall be known as the "Municipality of Monroeville
Rights-of-Way Ordinance."
For the purpose of this chapter, 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:
A person:
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;
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
Which controls grantee and/or is controlled by, or is under
common control with such person or entity.
The same meaning as used in the Communications Act.[1]
The Communications Act of 1934, as amended as of the time
of enactment of this chapter.[2]
Any tangible asset used to install, repair, or maintain a
facility in the public way.
A service which is provided to residences or businesses within the Service Area, but which is exempt from the provisions of this chapter under § 304-5 of this chapter.
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area.
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this chapter and
who is in continuous compliance with this chapter.
All gross revenue of grantee or any affiliate of grantee
derived from the use or occupancy of public ways for the provision
of non exempt services to persons having a residence or place of business
in the service area. Gross revenue shall include amounts earned, regardless
of: whether the amounts are paid in cash, in trade, or by means of
some other benefit to grantee or its affiliates; 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 how
the amounts are initially recorded by grantee or its affiliates. "Gross
revenue" shall not be a net of: 1) expense, including but not limited
to any operating expense; capital expense; sales expense; or commission;
2) any accrual, including, without limitation, any accrual for commissions;
or 3) 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.
The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications, 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. Cable modem service and wireline
broadband Internet access service are examples of an information service.
All wires, cables, ducts, conduits, vaults, poles and other
necessary facilities owned and/or used by the grantee for the purpose
of providing telecommunications service and/or for providing information
service located in, under and above a public way.
The Municipality of Monroeville, Commonwealth of Pennsylvania,
or the lawful successor, transferee, or assignee thereof.
A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this chapter under § 304-5 of this chapter.
Any natural person, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
or juridical person authorized to do business in the Commonwealth
of Pennsylvania and 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."
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 Municipality
in the service area. Public way shall also mean any easement now or
hereafter held by the Municipality within the service area for the
purpose of public travel and/or for utility and/or public service
use dedicated for compatible uses.
The present Municipal boundaries of the Municipality, and
shall include any additions thereto by annexation or other legal means.
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 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.
