This chapter shall be known as the "City of Harrisburg 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 the 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.
CITY
The City of Harrisburg, a third class city in Dauphin County,
Pennsylvania, or the lawful successor, transferee, or assignee thereof.
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 §
9-115.4B 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.
GRANTEE
A person or entity which enjoys a nonexclusive privilege
to occupy or use a public way to provide nonexempt service under this
chapter and which is in continuous compliance with this chapter.
GROSS REVENUE
All gross revenue of the grantee or any affiliate of the
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.
A.
Gross revenue shall include amounts earned, regardless of:
(1)
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to the grantee or its affiliates;
(2)
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
(3)
How the amounts are initially recorded by the grantee or its
affiliates.
B.
Gross revenue shall not be a net of:
(1)
Expenses, including but not limited to any operating expense,
capital expense, sales expense, or commission;
(2)
Any accrual, including, without limitation, any accrual for
commissions; or
(3)
Any other expenditure, regardless of whether such expense, deduction,
accrual, or expenditure reflects a cash payment.
C.
Gross revenue shall not be double counted, viz., gross revenue
which has been included as gross revenue of both the grantee and an
affiliate but which sum is included in gross revenue due solely to
a transfer of funds between the 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 §
9-115.4B of this chapter.
PERSON
Any natural person, sole proprietorship, partnership, association,
limited-liability company, corporation or other form of organization
or juridical person 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 City in the
service area. "Public way" shall also mean any easement now or hereafter
held by the City 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 City, and shall include
any additions thereto by annexation or other legal means.
Each person who occupies or uses or seeks to occupy or use a
public way other than on a transitory basis 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 City. Registration
is accomplished by filing with the City a completed provider certification
in the form shown at Appendix A of this chapter, which may from time to time be amended or modified by
the Mayor or his/her designee and filed with the City Clerk on a yearly
basis.