For the purposes of this chapter and any license issued in accordance herewith, the following terms, phrases and words and their derivations shall have the meanings given herein unless otherwise specifically provided in this chapter, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of Council:
CABLE COMMUNICATIONS SYSTEMA 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 Borough.
CUSTOMERA 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 communications system licensed by the Borough.
FCCThe Federal Communications Commission or its legally appointed successor.
LICENSEThe privilege granted by the Borough by which the Borough 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 Borough. Any license issued in accordance herewith shall be a nonexclusive license.
LICENSEEThe person or his, her or its legal successor in interest who or that 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 communications system in the Borough.
PRIVATE COMMUNICATIONS SYSTEMSAny telecommunications facilities that are not part of the PSTN or part of a cable communications system franchised by the Borough, or any telecommunications service or facility made available at a privately negotiated, nontariffed rate, which in any manner uses or occupies the streets, public ways or public places within the corporate limits of the Borough as now or in the future may exist.
PUBLIC SWITCHED TELEPHONE NETWORK ("PSTN")The telecommunications network operated by Bell Atlantic and used to provide local exchange telephone services within the Borough, and other networks that are directly interconnected to Bell Atlantic's local exchange network and used to provide telecommunications services to the general public within the Borough.
STREETAny 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, park, parkway, waterway, dock, overhead, wharf and pier.
TOTAL LOCAL GROSS REVENUESAll cash, credits or property of any kind or nature reported as revenue items on a licensee's audited income statements arising from or attributable to the sale or exchange of private communications services by the licensee within the Borough, or which are in anyway derived from the operation of its private communications system, including, but not limited to, any interconnection between its system in the Borough and any system whatsoever. This sum shall be the basis for 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.