For the purpose of this chapter, the following terms, phrases,
words and abbreviations shall have the meanings ascribed to them below.
Definitions of words defined in the Communications Act shall have
the meaning ascribed to them therein, unless otherwise set forth in
this chapter. 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 or entity:
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 control 5% or more of the outstanding stock, whether voting or
nonvoting.
C.
Which controls grantee and/or is controlled by or is under common
control with such person or entity.
ATTACHMENT
Any wire, optical fiber or other cable and any related device,
apparatus or auxiliary equipment for the purpose of voice, video or
data transmission.
CONDUIT FACILITY
Any structure or section thereof containing one or more ducts,
conduits, manholes, handholes or other such facilities in the grantee's
telecommunications system.
DUCT
A single enclosed raceway for conductors, optical fiber,
wire or other cable.
FACILITY
Any tangible component of the telecommunications system.
FCC
Federal Communications Commission or successor governmental
entity thereto.
FRANCHISE
The nonexclusive right and privilege granted to grantee under
this chapter.
GRANTEE
A person in continuous compliance with this chapter.
LICENSEE
Any person franchised, licensed, permitted or otherwise lawfully
occupying space in the public way.
PERSON
Any individual, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
authorized to do business in the Commonwealth of Pennsylvania and
includes any natural person.
PUBLIC WAY
The surface of and the space above and below any public street,
highway, turnpike, bridge, land path, alley, court, boulevard, sidewalk,
parkway, way, land, public way, drive, circle or other public right-of-way,
including public utility easements, dedicated utility strips or rights-of-way
dedicated for compatible uses, and any temporary or permanent fixtures
or improvements located thereon now or hereafter held by the franchise
authority in the service area which shall entitle the franchise authority
and the grantee to the use thereof for the purpose of constructing,
leasing, operating and maintaining the telecommunications system.
"Public way" shall also mean any easement now or hereafter held by
the franchise authority within the service area for the purpose of
public travel and/or for utility and/or public service use, dedicated
for compatible uses, and shall include other easements and/or rights-of-way
as shall within their proper use and meaning entitle the franchise
authority and the grantee to use thereof for the purposes of constructing,
leasing, operating or maintaining grantee's telecommunications
system over poles, wires, cables, conductors, ducts, conduits, pedestals,
vaults, manholes, amplifiers, appliances, attachments and other property
as may be ordinarily necessary and pertinent to the telecommunications
system.
SERVICE AREA
The present Township boundaries of the franchising authority
and shall include any additions thereto by annexation or other legal
means.
SURPLUS DUCTS OR CONDUITS
Conduit facilities other than those occupied by the grantee
or any prior licensee and occupied duct(s) held by grantee for emergency
or spare use.
TELECOMMUNICATIONS SERVICES
A.
The transmission of communications or information in electrical,
electronic or optical form or by any means, whether now known or hereafter
to become known, including, but not limited to, voice, video or data,
whether or not the content of the transmission or the medium of the
transmission is owned by the grantee itself, unless the licensee is
able to demonstrate to the franchise authority by a preponderance
of the evidence that such transmission is excluded from the definition
of telecommunications service under this subsection.
B.
Telecommunications services do not include the following:
(2)
A specific telecommunications service regulated by the Commonwealth
of Pennsylvania Public Utility Commission as a public utility, for
which a certificate of public convenience has been obtained and a
tariff therefor has been filed.
TELECOMMUNICATIONS SYSTEM
All wires, cables, ducts, conduits, vaults, poles and other
necessary facilities owned and/or used by the grantee for the purpose
of providing telecommunications services and located in, under and
above a public way.
YEAR, ANNUAL or ANNUALLY
The period consisting of a full calendar year, beginning
January 1 and ending December 31, unless otherwise provided in the
franchise.