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 of Baden without having been issued a license or licenses
by the Baden Borough Secretary.
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 geographic limits of the Borough of Baden, as now or in the future
may exist.
B. Provide the Borough of Baden 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 the Borough's rights-of-way when used for commercial
purposes.
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 in accordance herewith,
the following terms, phrases, words and their derivations shall have the meaning
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:
BUREAU
The Bureau of Cable Communications.
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 of Baden in accordance with the Baden Borough
Code.
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 its legal successor 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 communications system in the Borough.
LOCAL ACCESS TRANSPORT AREA (LATA)
That geographic area and communications system in which the Borough
of Baden is located and in which Bell of Pennsylvania is authorized by the
Public Utilities Commission of Pennsylvania to provide local exchange access
telecommunications services.
PRIVATE COMMUNICATIONS SYSTEM
Any communications equipment or facilities, not part of the LATA
or part of a cable communications system franchised by the Borough, that in
any manner is connected with the streets, public ways or public places within
the geographic limits of the Borough, 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 licensees' audited income statements arising from or attributable
to the sale or exchange of private communications services by the licensee
within the Borough or in any way 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 sums 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 Borough under any provision
of this chapter shall be deemed served when delivered by hand, in writing,
to the Secretary of the Borough of Baden or to any adult person in charge
of the Borough office during normal business hours.
This chapter shall not be construed to create or hold the Borough of
Baden 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, guaranty
or warranty of any kind by nor create any liability upon the Borough of Baden
or any official, agent or employee thereof.
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.
The Chairman of Public Works shall have the following powers and duties:
A. Receive and review applications for licenses for any
private communications system.
B. Review and audit all reports and filings submitted by
the licensee to the Borough 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 Town Council of
the Borough of Baden.
It shall be a term and condition of any license issued in accordance
herewith 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 private communications 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 of
wire or each 0.250 diameter inch or less of aerial wire per annum. In no event
shall the fee be less than $250 per annum.
B. Any private communications system that serves customers
within the Borough shall pay annually 5% of the annual total local gross revenues
derived from transmissions that bypass the LATA. Revenues derived from transmissions
that enter a private communications system through the LATA shall not be part
of the total local gross revenues for purposes of calculating compensation
and license fees.
Nothing in this chapter or in any license issued in accordance herewith
shall be construed as an abrogation by the Borough of any of its police powers.