Terms. For the purpose of this Ordinance, the following terms, phrases,
words, and abbreviations shall have the meaning 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 with a direct or indirect ownership interest in
the subject entity of five (5%) percent or more of 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; 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 five (5%) percent or more of the outstanding
stock, whether voting or nonvoting; or which controls the grantee
and/or is controlled by, or is under common control with, such person
or entity.
CABLE SERVICE
Shall have 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 Ordinance.
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
Ordinance under Sec. 20-61(b) of this Ordinance.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses with 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 light pole, 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 Ordinance
and who is in continuous compliance with this Ordinance.
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. "Gross revenue" shall include amounts earned,
regardless of whether the amounts are paid in cash, in trade, or by
means of some other benefit to the grantee of its affiliates; 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 how the amounts are initially recorded by the 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 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
Ordinance under Sec. 20-61(b) of this Ordinance.
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 services 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 Plymouth, County of Montgomery, Commonwealth
of Pennsylvania, or the lawful successor, transferee, or assignee
thereof.