For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings set forth in this
section, unless the context clearly indicates that another meaning
is intended. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular number and words used in the singular number
include the plural number.
AFFILIATED PERSON
Each person who falls into one or more of the following categories:
each person having, directly or indirectly, a controlling interest
in the applicant; each person in which the applicant has, directly
or indirectly, a controlling interest; each officer, director, joint
venturer or joint venture partner of the applicant; and each person,
directly or indirectly, controlling, controlled by, or under common
control with the applicant; provided that "affiliated person" shall
in no event mean the Village or any creditor of the applicant solely
by virtue of its status as a creditor and which is not otherwise an
affiliated person by reason of owning a controlling interest in, being
owned by, or being under common ownership, common management or common
control with the applicant.
CABLE SERVICES
"Cable services" as defined in the Communications Act of
1934, as amended by the Cable Communications Policy Act of 1984, the
Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996, and as may be further amended
from time to time (the "Cable Act"). In the event that "cable services"
is no longer defined in the Cable Act or the definition of "Cable
Act" otherwise becomes inapplicable, "cable services" shall mean "cable
services" as defined in the Cable Act immediately prior to such term
no longer being defined in the Cable Act or such definition otherwise
becoming inapplicable.
CONTROL or CONTROLLING INTEREST
Actual working control in whatever manner exercised, including,
without limitation, working control through ownership, management,
debt instruments or negative control, as the case may be, of the applicant
or the equipment in the streets. A rebuttable presumption of the existence
of control or a controlling interest shall arise from the beneficial
ownership, directly or indirectly, by any person, or group of persons
acting in concert, of more than 10% of any person (which person or
group of persons is hereinafter referred to as "controlling person").
"Control" or "controlling interest" as used herein may be held simultaneously
by more than one person or group of persons.
EQUIPMENT
The poles, wires, electrical conductors, conduits, subways,
manholes, fixtures, appliances and appurtenances that are used to
provide telecommunications services.
FRANCHISE
An initial authorization, or renewal thereof, issued by the
Village in accordance with the provisions of this chapter, which authorizes
the occupation and use of the streets to provide telecommunications
services.
MAYOR
The Mayor of the Village or his/her designee.
ORDINANCE
This chapter and all modifications and amendments thereto.
PERSON
Any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for
profit or not for profit, but shall not mean the Village of Sleepy
Hollow.
REVOCABLE LICENSE
An initial authorization or renewal thereof, issued by the Village in accordance with the provisions of this chapter, which authorizes the limited occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in §
377-2B,
G and
H of this chapter.
SHALL
"Shall" is mandatory and not merely directive.
STREETS
The surface of, as well as the spaces above and below, any
and all streets, alleyways, avenues, highways, boulevards, driveways,
bridges, tunnels, parks, parkways, public grounds or waters, and other
public rights-of-way within or belonging to the Village.
TELECOMMUNICATIONS
All transmissions, between or among points specified by the
user, of information of the user's choosing without change in
the form or content of the information as sent and received.
TELECOMMUNICATIONS PROVIDER
Any person who:
A.
Owns, constructs, operates or maintains equipment in the streets
used to provide telecommunications services regardless of whether
such telecommunications services originate or terminate in the Village;
or
B.
Provides telecommunications services that originate or terminate
in the Village by means of: specifically identifiable equipment in
the streets, which equipment is owned by such person or made available
to such person under a lease or any other arrangement for a period
longer than 120 days; or equipment in the streets if the use of such
equipment is continuing and substantial, and the Village has determined
that it is necessary and appropriate to impose the requirements of
this chapter in order to preserve the application of this chapter
on a competitively neutral and nondiscriminatory basis consistent
with applicable law.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used. The term
"telecommunications services" shall not include cable services.
TELECOMMUNICATIONS SYSTEM
The plant, equipment, real property (including interests
in real property), tangible and intangible personal property, buildings,
offices, furniture, customer lists, cable, wires, optical fibers,
amplifier, antenna, and all other electronic devices, equipment and
facilities used to provide telecommunications services.
VILLAGE
The Village of Sleepy Hollow, New York.
It shall be the responsibility of each applicant for a franchise
or revocable license to comply with all applicable laws, resolutions,
rules, regulations and other directives of the Village and any federal,
state or local governmental authority having jurisdiction.
If an application is complete and otherwise complies with applicable law, resolutions, rules, regulations and other directives of the Village, including the provisions of this chapter, the Village shall enter into negotiations with the applicant to determine whether such applicant and the Village are able to reach agreement on the terms of the proposed franchise or revocable license in accordance with §§
377-9 and
377-10 of this chapter. The Village may reject any application which is incomplete or otherwise fails to comply with applicable law, resolutions, rules, regulations and other directives of the Village and any federal, state or local authority having jurisdiction.