The purpose of this chapter is to:
A. Regulate the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair
and use of a private communications system in, upon, along, across,
above, over, under or in any manner connected with the streets, public
ways or public places within the corporate limits of the Borough,
as now or in the future may exist;
B. Provide the Borough with compensation for occupation
and use of the Borough's rights-of-way for a private communications
system;
C. Provide the Borough with compensation for acquisition
and maintenance of Borough rights-of-way when used for commercial
purposes; and
D. Provide the Borough with compensation for the cost
of regulation imposed by this chapter on a private communications
system.
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 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 Borough.
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 communications system licensed by the Borough.
FCC
The Federal Communications Commission or its legally appointed
successor.
LICENSE
The 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.
LICENSEE
The 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 SYSTEMS
Any 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.
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, park, parkway, waterway,
dock, overhead, wharf and pier.
TOTAL LOCAL GROSS REVENUES
All 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.
No person shall construct, operate or continue
to operate a private communications system which occupies the streets,
public ways and public places within the Borough without having been
issued a license or licenses therefor by the Director of Code Enforcement.
It shall be a term and condition of any license
issued under this chapter that, as a part of the consideration supporting
the issuance of such license and the Borough's permission thereby
to occupy and use the streets of the Borough, the licensee shall pay
each year to the Borough the following compensation and license fees:
A. Any licensee that serves no customers within the Borough
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 0.250 diameter inch or less of aerial wire per year. In no
event shall the fee be less than $250 per year.
B. Any licensee that serves customers within the Borough
shall pay annually 5% of the annual total local gross revenues from
such customers to be calculated on the basis of all revenues derived
from transmissions that bypass the PSTN. Revenues derived from transmissions
that enter a private communications system through the PSTN shall
not be part of the total local gross revenues for purposes of calculating
compensation and license fees.
The Director of Code Enforcement shall have
the following powers and duties:
A. To receive and review applications for licenses for
any private communications system;
B. To review and audit all reports and filings submitted
by a licensee to the Borough pursuant to this chapter; and
C. To submit regulations regarding the construction,
reconstruction, operation, maintenance, dismantling, testing or use
of any private communications system established by license under
this chapter to the Borough Manager for promulgation.
All notices required to be given to the Borough
under any provision of this chapter shall be deemed served when delivered
by hand in writing to the Borough Manager during normal business hours.
All technical standards governing construction,
reconstruction, installation, operation, testing, use, maintenance
and dismantling of a private communications system provided for herein
shall be in accordance with all applicable FCC and other federal,
state and local laws and regulations, including, but not limited to,
the most recent editions of the National Electrical Code and the National
Electrical Safety Code.
Nothing in this chapter or in any license issued
hereunder shall be construed as an abrogation by the Borough of any
of its police powers.
This chapter shall not be construed to create
or hold the Borough 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 warrant
of any kind by, nor create any liability upon, the Borough or any
official, agent or employee thereof.
Whoever violates or fails to comply with any
of the provisions of this chapter shall be fined not less than $100
and not more than $1,000 or imprisoned not more than 10 days in the
Borough lockup or not more than 30 days in the county jail or workhouse,
or both, for each offense. A separate offense shall be deemed committed
each day during or on which a violation or noncompliance occurs or
continues.