No person shall construct, operate or continue to operate private communication
systems, which occupy the streets, public rights-of-way, and public places
within the Township of North Coventry ("Township"), without having been issued
a license by the Township.
The purpose of this chapter is:
A. To regulate the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair, and use
of a private communication system in, upon, along, across, above, over, under
or in any manner connected within the streets, public ways or public places
within the Township limits, as now or in the future may exist; and
B. To provide the Township with compensation for the occupation
and use of the Township's right-of-way for a private communication system;
and
C. To provide the Township with compensation for acquisition
and maintenance of the Township's right-of-way when used for commercial
purposes; and
D. To provide the Township with compensation for the costs
of the regulation imposed by this chapter with respect to a private communication
system.
For the purpose of this chapter and consistent with the manifest intent
of the Township, the following terms shall have the meanings indicated:
CABLE COMMUNICATION SYSTEM
A nonbroadcast facility consisting of a set of transmission paths
with associated signal generation, reception and control equipment, under
common ownership and control, which distributes or is designed to distribute
to subscribers the signals of one or more television broadcast stations and
is franchised by the Township.
CUSTOMER
A person who for a charge or payment of a fee receives, sends or
uses any signal or service provided, collected or distributed by a private
communication system licensed by the Township.
FCC
The Federal Communication Commission or its legally appointed successor.
LICENSE
The privilege granted by the Township by which the Township authorizes
a person to erect, construct, reconstruct, operate, dismantle, test, use and
maintain a private communications system that occupies the streets, public
ways or public places within the Township. Any license issued in accordance
herewith shall be a nonexclusive license.
LICENSEE
The person or its legal successors in interest who is issued a license
or licenses in accordance with the provisions of this chapter for the erection,
construction, reconstruction, operation, maintenance, dismantling, testing,
repair and use of a private communication system in the Township.
LOCAL ACCESS TRANSPORT AREA (LATA)
That geographic area and communication system in which the Township
of North Coventry is located and in which Bell of Pennsylvania is authorized
by the Public Utilities Commission of Pennsylvania to provide local exchange
access telecommunication services.
PRIVATE COMMUNICATION SYSTEM
Any communication equipment or facilities, not part of the LATA or
part of a cable communication system franchised by the Township, that in any
manner is connected with the streets, public ways or public places within
the municipal limits of the Township, as now or in the future may exist.
STREET
Any area established for vehicular or public access use or the entire
width between the boundary lines of every way publicly maintained when any
part thereof is open for public purposes. "Street" includes, but is not limited
to, highway, avenue, road, alley, right-of-way, lane, boulevard, concourse,
bridge, tunnel, parks, parkways, waterways, docks, overheads, wharves and
piers.
TOTAL LOCAL GROSS REVENUES
All cash, credits or property of any kind or nature reported as revenue
items on licensee's audited income statements arising from or attributable
to the sale or exchange of private communication services by the licensee
within the Township or in any way derived from the operation of its private
communication system, including, but not limited to, any interconnection between
its system in the Township and any system whatsoever. This sum shall be the
basis for the computing the fee imposed pursuant to this chapter. Such sum
shall not include any bad debts, deposits, promotional or vendor discounts
or credits nor sales, service, occupation or other excise tax to the extent
that such taxes are charged separately from normal service charges and are
remitted by the licensee directly to the taxing authority.
All notices required to be given to the Township under any provision
of this chapter shall be deemed served when delivered by hand in writing to
the North Coventry Township Manager at 845 South Hanover Street, Pottstown,
Pennsylvania during normal business hours.
This chapter shall not be construed to create or hold the Township responsible
or liable for any damage to persons or property by reason of any inspection
or reinspection authorized herein or failure to inspect or reinspect, nor
shall the issuance of any license nor the approval or disapproval of any installation
authorized herein constitute any representation, guarantee or warranty of
any kind by, nor create any liability upon, the Township or any official,
agent or employee thereof.
All technical standards governing construction, reconstruction, installation,
operation, testing, use, maintenance and dismantling of a private communication
system provided for herein shall be in accordance with all applicable FCC
and other federal, state and local laws and regulations.
The Township Manager of North Coventry Township or his designee shall
have the following powers and duties:
A. Receive and review applications for licenses for any
private communication system.
B. Review and audit all reports and filings submitted by
the licensee to the Township pursuant to this chapter.
C. Submit regulations regarding the construction, reconstruction,
operation, maintenance, dismantling, testing or use of any private communications
system established by license in accordance herewith to the Board of Supervisors
for review and promulgation.
It shall be a term and condition of any license issued in accordance
herewith that as part of the consideration supporting the issuance of such
license and the Township's permission thereby to occupy and use the streets
of the Township, that the license shall pay each year to the Township the
following compensation and license fees. Future modifications to the license
fee shall be made from time to time by a resolution of the Board of Supervisors
of the Township.
A. Any private communication system which serves no customers
other than itself shall pay compensation and license fees in the amount of
$1 per linear foot for each diameter inch or less of underground conduit or
wire or each 250 diameter inch or less of aerial wire per annum. In no event
shall the fee be less than $250 per annum.
B. Any private communication system that serves customers
within the Township shall pay annually 5% of the annual total local gross
revenues derived from such customers.
Nothing in this chapter or in any license issued in accordance herewith
shall be construed as an abrogation by the Township of its police powers.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine
of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township are hereby
authorized to seek equitable relief, including injunction, to enforce compliance
herewith.