The purpose and intent of this Part 2 is to:
A.
Establish a local policy concerning telecommunications providers
and services;
B.
Establish clear local guidelines, standards, and time frames for
the exercise of local authority with respect to the regulation of
telecommunications providers and services;
C.
Promote competition in telecommunications;
D.
Minimize unnecessary local regulation of telecommunications providers
and services;
E.
Encourage the provision of advanced and competitive telecommunications
services on the widest possible basis to the businesses, institutions,
and residents of the Township;
F.
Permit and manage reasonable access to the public ways of the Township
for telecommunications purposes on a competitively neutral basis;
G.
Conserve the limited physical capacity of the public ways held in
public trust by the Township;
H.
Assure that the Township's current and ongoing costs of granting
and regulating private access to and use of the public ways are fully
paid by the persons seeking such access and causing such costs;
I.
Secure fair and reasonable compensation to the Township and its residents
for permitting private use of the public ways;
J.
Assure that all telecommunications carriers providing facilities
or services within the Township comply with the ordinances, rules,
and regulations of the Township;
K.
Assure that the Township can continue to fairly and responsibly protect
the public health, safety, and welfare;
L.
Enable the Township to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development.
For the purpose of this Part 2 and the interpretation and enforcement
thereof, the following words and phrases shall have the following
meanings, unless the context of the sentence in which they are used
shall indicate otherwise:
A person who (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
All revenues derived directly or indirectly by a franchisee,
or any person in whom the franchisee has a financial interest, from
or in connection with the ownership or operation of a telecommunications
system or open video system under the terms of a franchise granted
pursuant to this Part 2. Annual gross revenue includes, but is not
limited to, revenue derived from the provision of private switched
or nonswitched telephone service, local telephone exchange service,
long distance service, the sale or lease of customer premises equipment,
installation charges, telecommunications access charges of any kind
paid to the franchisee by customers or other carriers, regulatory
fees and occupation taxes surcharged to customers, and the lease or
resale of lines or circuit paths to third parties. Gross revenue does
not include bad debt, taxes, or other charges imposed on a franchisee
in addition to its franchise obligations collected for direct pass-through
to federal or state government.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as now and hereafter amended.
A telecommunications carrier providing or offering to provide
"cable service" within the Township, as that term is defined in the
Cable Act.
For the purpose of this Part 2, shall have the same meaning
provided by the Cable Act.
The President and Board of Commissioners of the Township.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
The federal administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services, and
providers, on a national level.
The highways, streets, alleys, utility easements or other
rights-of-way within the Township, but under the jurisdiction and
control of a governmental entity other than the Township.
Utility poles, utility facilities, and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
The state administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services, and
providers in the State of Pennsylvania.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability
companies, and individuals and includes their lessors, trustees, and
receivers.
Any property owned by Abington Township or the Abington School
District.
Any highway, street, alley, or other public right-of-way
for motor vehicle travel under the jurisdiction and control of the
Township which has been acquired, established, dedicated, or devoted
to highway purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the Township,
but only to the extent of the Township's right, title, interest, or
authority to grant a license or franchise to occupy and use such streets
and easements for telecommunications facilities.
The State of Pennsylvania.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the Pennsylvania Commerce Commission,
to allow its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates, or manages a plant, equipment, or property within the Township,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment, and property, including but not limited
to cables, wires, conduits, ducts, pedestals, antennae, electronics,
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications service
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale, or lease, or in
exchange for other value received, the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite,
or similar facilities, with or without benefit of any closed transmission
medium.
The Township of Abington.
Includes all real property owned by the Township, other than
public streets and utility easements as those terms are defined herein,
and all property held in a proprietary capacity by the Township which
is not subject to right-of-way licensing and franchising as provided
in this Part 2.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for overhead facilities.
The total distance between the top of a utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders and regulations of the
Pennsylvania Commerce Commission.
Any easement owned by the Township and acquired, established,
dedicated, or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment, and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on, or above the surface of the ground
within the public ways of the Township, and used or to be used for
the purpose of providing utility or telecommunications services.
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over, or across any public way of the Township, for the sole purpose of providing telecommunications service to persons and areas outside the Township, shall first obtain a license granting the use of such public ways from the Township pursuant to Article III of this Part 2.
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, or over any public way of the Township, and to also provide telecommunications service to persons or areas in the Township, shall first obtain a franchise granting the use of such public ways from the Township pursuant to Article V of this Part 2.
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain, or locate telecommunications facilities in any public way of the Township for the purpose of providing cable service to persons in the Township shall first obtain a cable franchise from the Township as provided in Article VI of this Part 2.
This Part 2 shall have no effect on any existing franchise ordinance
or franchise agreement until:
Any person found guilty of violating, disobeying, omitting,
neglecting, or refusing to comply with any of the provisions of this
Part 2 shall be fined not less than $100 nor more than $500 for each
offense. A separate and distinct offense shall be deemed committed
each day on which a violation occurs or continues.
Nothing in this Part 2 shall be construed as limiting any judicial
remedies that the Township may have, at law or in equity, for enforcement
of this Part 2.
If any section, subsection, sentence, clause, phrase, or other portion of this Part 2 or its application to any person is, for any reason, declared invalid in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
