For the purposes of this chapter and any license in accordance
herewith, the following terms, phrases, words and their derivations
shall have the meaning given herein.
APPLICANT
Any person that applies for a license pursuant to this chapter.
APPLICATION
A written document containing the required elements specified
in this chapter requesting a license to use the Village rights-of-way.
BOARD
The Board of Trustees of the Village of Northport.
CHAPTER
This chapter and all modifications and amendments hereto.
CUSTOMER
A person who, for a charge or payment of a fee, receives,
sends or uses any signal or service provided, transmitted, or distributed
by a telecommunications system licensed by the Village. In the case
of a licensee that provides, transmits, or distributes signals or
services of other telecommunications carriers or providers of telecommunications
offering service within the Village, such carriers and providers shall
be considered customers of that licensee for purposes of this chapter.
LICENSEE
The person or its legal successor in interest who is issued
a license in accordance with the provisions of this chapter for the
erection, construction, reconstruction, operation, maintenance, dismantling,
testing, repair and use of a telecommunications system in the Village.
LICENSE OR USE LICENSE
The privilege granted by the Village by which the Village
authorizes a person to erect, construct, reconstruct, operate, dismantle,
test, use and maintain a telecommunications system that occupies the
streets, public ways or public places within the Village. Any license
issued in accordance herewith shall be a nonexclusive license.
MUNICIPAL FACILITY
Any Village-owned poles, streetlights, lighting fixtures,
electroliers or other Village-owned structures located within the
public rights-of-way to which a licensee attaches or installs telecommunications
system equipment or facilities.
PUBLIC RIGHTS-OF-WAY
The surface, the air above the surface, and the area below
the surface within any street, highway, lane, path, alley, sidewalk,
boulevard, drive, bridge, tunnel, park, parkway, lane, square, viaduct,
waterway or other public right-of-way including public utility easements
or rights-of-way in which the Village has jurisdiction; and any other
public ground or water within belonging to the Village.
STREET
Any area established for vehicular or public access use or
the entire width between the boundary lines of every way publicly
maintained when any part thereof is open for public purposes. "Street"
includes, but is not limited to, highway, avenue, road, alley, right-of-way,
lane, boulevard, concourse, bridge, tunnel, parks, parkways, waterways,
docks, overheads, wharves and piers.
TELECOMMUNICATIONS SYSTEM
Any equipment or facilities, and any supporting structures
therefor, used to provide wireline or wireless telecommunications
or telecommunications service on a wholesale or retail basis, or used
in the provision of such telecommunications or telecommunications
service, that in any manner is connected with the streets, public
rights-of-way, public places, or property within the Village, as now
or in the future may exist including, but not limited to, facilities
or equipment deployed or operated in the Village by an entity holding
a certificate of public convenience and necessity.
TOTAL LOCAL GROSS REVENUES
All revenue and consideration, as determined in accordance
with generally accepted accounting principles, which is paid to or
received by the licensee from its provision of services within the
Village or in any way derived from the operation of its telecommunications
system, including, but not limited to, any interconnection between
its telecommunications system in the Village and any other communications
system. This sum shall be the basis for computing the fee imposed
pursuant to this chapter. The sum shall not include any bad debts,
deposits, promotional or vendor discounts or credits nor sales, service,
occupation or other excise tax to the extent that such taxes are charged
separately from normal service charges and are remitted by the licensee
directly to the taxing authority.
VILLAGE
The Village of Northport, acting through the Board, or its
duly authorized designee.
Nothing in this chapter or in any license issued in accordance
herewith shall be construed as an abrogation of, or restriction on,
the exercise of the Village's police power.
The licensee shall not transfer or assign its interest in any
license issued in accordance herewith without the prior written authorization
of the Village. Nothing in any approval by the Village authorizing
any transfer or assignment of any license issued in accordance herewith
shall be construed to waive or release any rights of the Village in
and to the streets, rights-of-way and public places of the Village
or as a release of any of the Village's police powers.