This chapter shall be known as the "Upper Southampton
Township Rights-of-Way Ordinance."
For the purpose of this chapter, 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: a) 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; b) 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 c) which controls grantee and/or is controlled by
or is under common control with such person or entity.
CABLE SERVICE
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 chapter.
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 chapter under §
136-4B of this chapter.
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 lightpole, 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 chapter and
who is in continuous compliance with this chapter.
GROSS REVENUE
All gross revenue of grantee or any affiliate of 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: a) whether the amounts are paid in cash, in trade, or by means
of some other benefit to grantee or its affiliates; b) 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 c) how the amounts are initially recorded by grantee or its
affiliates. Gross revenue shall not be a net of: a) expense, including
but not limited to any operating expense, capital expense, sales expense,
or commission; b) any accrual, including, without limitation, any
accrual for commissions; or c) 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 grantee and
an affiliate but which sum is included in gross revenue due solely
to a transfer of funds between 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 chapter under §
136-4B of this chapter.
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
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, turnpike, 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 Upper Southampton, 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 chapter.