This article shall be known as the "Penndel Borough Rights-Of-Way
Ordinance."
For the purpose of this article, 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.
BOROUGH
The Borough of Penndel, County of Bucks, Commonwealth of
Pennsylvania, or the lawful successor, transferee or assignee thereof.
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 article.
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 article under §
350-35B of this article.
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 article and
who is in continuous compliance with this article.
GROSS REVENUE
A.
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:
(1)
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to 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 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.
B.
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 article under §
350-35B of this article.
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
which 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 Borough in
the service area. public way shall also mean any easement now or hereafter
held by the Borough 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 Borough and shall
include any additions thereto by annexation or other legal means.
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 Borough.
Registration is accomplished by filing with the Borough a completed
provider certification in the form shown at Appendix A to this article.