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 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 the grantee and/or is controlled by
or is under common control with such person or entity.
CABLE SERVICE
Has 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 §
157-27B 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. The following are not a facility: a railroad, street
railway, gas pipe, water pipe, electric conduit, electric piping,
telephone pole, telegraph pole, electric light pole, electric power
pole, coal tipple or obstruction to the public way.
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 the grantee or any affiliate of the
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 whether the amounts are paid in cash, in trade or by means of some
other benefit to the 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 the grantee or its affiliates.
Gross revenue shall not be a net of expense, including but not limited
to any operating expense, capital expense, sales expense or commission;
any accrual, including, without limitation, any accrual for commissions;
or 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 the grantee and an affiliate but which sum
is included in gross revenue due solely to a transfer of funds between
the 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 §
159-27B of this article.
PERSON
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
which 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, 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 Warwick, County of Bucks, Commonwealth of
Pennsylvania, or the lawful successor, transferee or assignee thereof.
Each person, other than on a transitory basis, who occupies or uses or seeks to occupy or use a public way to provide a nonexempt service to residences or businesses within the service area or places any equipment or facility in a public way other than on a transitory basis, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Township. Registration is accomplished by filing with the Township a completed provider certification in the form shown at
Appendix A to this article.