This chapter shall be known as the "Doylestown
Township Rights-of-Way Ordinance."
For the purpose of this chapter, 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.
AERIAL FACILITIES
Poles, wires, cables, equipment, and other facilities located
above the surface of the ground, including their underground supports
and foundations. Such term does not include private driveways, newspaper
vending machines, street banners, canopies or other minor obstructions
located in the rights-of-way.
AFFILIATE
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, and as hereafter amended (47
U.S.C. § 521 et seq., as hereafter amended).
CABLE FRANCHISE AGREEMENT
Right-of-way use authorization required pursuant to the Cable
Act and the Township Code for any cable franchise issued by the Township.
CABLE FRANCHISE or FRANCHISE
Right-of-way use authorization pursuant to this chapter authorizing
a person to own, construct, operate and maintain a cable system to
provide cable service within the Township.
CABLE OPERATOR
A person providing or offering to provide cable service over
a cable system within the Township, as that term is defined in the
Cable Act.
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
CABLE SYSTEM
A.
Facilities consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the Township;
but such term does not include:
(1)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(2)
A facility that serves subscribers without using any right-of-way;
(3)
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, as amended, except that such facility shall be considered a
cable system [other than for purposes of 47 U.S.C. § 541(c)]
to the extent such facility is used in the transmission of video programming
directly to subscribers, unless the extent of such use is solely to
provide interactive on-demand services;
(4)
An open video system that complies with 47 U.S.C. § 573;
or
(5)
Any facilities of any electric utility used solely for operating
its electric utility system.
B.
A reference to a "cable system" refers to any part thereof.
C.
This definition of "cable system" shall in no way be deemed
to circumscribe or limit the valid authority of the Township to regulate
or authorize the facilities and/or services of any other communications
provider or other person that owns, constructs, operates, or maintains
facilities in the right-of-way.
COMMUNICATIONS ACT
The Communications Act of 1934, 47 U.S.C. § 151
et seq., as amended and as hereafter amended.
EMERGENCY
A condition that:
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
FACILITY(IES)
Conduit, pipes, cables, wires, lines, towers, optic fiber,
poles, associated equipment and appurtenances, and any other facilities
located in the right-of-way and designed, constructed, and/or used
by telecommunications providers, public utilities, or other persons
for transmitting, transporting, or distributing communications, telecommunications,
electricity, natural gas or manufactured gas, oil, gasoline, steam,
or any other form of energy, signal or substance. The term "facility"
or "facilities" does not include "wireless communications facilities"
as defined below.
FRANCHISE
A right-of-way use authorization pursuant to this chapter
that authorizes a person to own, construct, operate and maintain a
cable system to provide cable service within the Township.
FRANCHISEE
A person that is issued a franchise by the Township.
INFORMATION SERVICE
The offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications (whether over a cable system, telecommunication
system, open video system, or any other type of facilities), and includes
electronic publishing, but does not include any use of any such capability
for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
PERMITTEE
The recipient of a right-of-way use permit, cable franchise or other right-of-way use authorization that is issued by the Township pursuant to this chapter, and persons holding existing franchises, special ordinances, or other authorizations that are subject to the transitional provisions set forth in §
133-6.
PERSON
Corporations, companies, associations, joint-stock companies,
firms, partnerships, limited liability companies, and other entities;
municipal, industrial development, housing, redevelopment, and other
authorities and corporations established pursuant to statutes of the
Commonwealth of Pennsylvania; and individuals; provided that "person"
does not include or apply to the Township or to any department or
agency of the Township or to the County of Bucks or to any department
or agency of the county.
POLICIES AND PROCEDURES
The written regulations, standards, operations and/or courses
of action established by the Township to implement the provisions
of this chapter.
PUBLIC UTILITIES COMMISSION or PUC
The state administrative agency, or lawful successor thereto,
authorized to regulate and oversee public utilities and telecommunications
providers and telecommunications services in the Commonwealth of Pennsylvania,
to the extent provided by law.
PUBLIC UTILITY or UTILITY
Shall be defined as that term is defined in the Pennsylvania
Code as of the effective date of this chapter, and as hereafter amended.
RIGHT-OF-WAY, RIGHTS-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes but excluding
lands other than streets that are owned by the Township. The phrase
"in the right(s)-of-way" means "in, on, over, along, above and/or
under the right(s)-of-way."
SERVICE(S)
Any telecommunications service, cable service, video programming
service, information service, utility service (including, but not
limited to, electric, gas, water, or steam service), or other form
of service provided by means of facilities located in the right-of-way.
STREET
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in the (a) street(s)" means "in, on,
over, along, above and/or under the (a) street(s)."
STREET OPENING PERMIT
A permit for excavation of a street for the construction
or installation of facilities in any right-of-way in the Township,
including, but not limited to, installation of underground conduit,
ducts, manholes, handholes, and/or appurtenances thereto, or any other
type of underground facilities; for construction or erection of poles;
for installing fiberoptic or other cable(s) in already installed conduit
or ducts; for maintenance activities that involve such construction,
installation, or erection; or otherwise for the installation or construction
of facilities in any right-of-way.
SYSTEM
Any cable system, telecommunications system, or integral
part thereof.
TELECOMMUNICATIONS
The transmission, 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 FACILITIES
The plant, equipment and property within the Township used
to transmit, receive, distribute, provide or offer telecommunications
service.
TELECOMMUNICATIONS SERVICE
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.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles and hub facilities for distributed antenna systems.
TOWNSHIP CODE
The Code of the Township of Doylestown, Bucks County, Pennsylvania.
TOWNSHIP ENGINEER
The person engaged by the Township to perform engineering
services on behalf of the Township.
TOWNSHIP PROPERTY
All real property now or hereafter owned by the Township,
whether in fee ownership or other interest, including rights-of-way.
TOWNSHIP WORK
All construction work performed by the Township or any of
its departments, either with its own personnel or under contract,
including repair, alteration, replacement, or maintenance of facilities
owned, operated, maintained, or controlled by the Township or for
which the Township is responsible.
TRANSFER OF INTEREST
As applied to a right-of-way use permit and/or the facilities
authorized thereby: the assignment, transfer, or other disposition,
directly or indirectly, by sale, lease, merger, consolidation, or
other act, by operation of law or otherwise, of any interest, in whole
or in part, in the ROW use authorization, including, but not limited
to, actual control over the ROW use authorization. Any transaction
(whether between affiliated entities or unaffiliated entities) which
results in any change, in any manner, of the ownership or control
(including, but not limited to, financial control and actual control)
of the permittee, the facilities authorized thereby, or the capacity,
transmission capacity, or bandwidth of the facilities or system, or
such ownership or control of any affiliated entities having ownership
or control of the permittee, where such ownership or control is 25%
or more of the total ownership or control interest, shall be considered
a transfer of interest.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for aerial facilities.
WIRELESS
Transmissions through airwaves, including, but not limited
to, infrared, line-of-sight, cellular, PCS, microwave, satellite,
or radio signals.
WIRELESS COMMUNICATIONS FACILITY(IES)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless telecommunications services.
Except as otherwise provided in this chapter, no person shall
own, construct, operate and/or maintain facilities in any right-of-way
of the Township to provide or to enable others to provide services
to persons or areas in the Township or outside the Township without
a right-of-way use authorization. The types of right-of-way use authorization
are a right-of-way use permit and a cable franchise.
This chapter shall not apply to occupation or use of the public
ways to provide:
A. The transportation of passengers or property, or both, as a common
carrier by means of elevated street railway, inclined-plane railway,
railroad, street railway or underground street railway, trackless-trolley
omnibus, or by any combination of such means.
B. The transportation of artificial or natural gas, electricity, petroleum
or petroleum products or water, or any combination of such substances,
for the public.
C. The production, generation, manufacture, transmission, storage, distribution
or furnishing of natural or artificial gas, electricity, steam, air-conditioning
or refrigerating service, or any combination thereof, to or for the
public.
D. The diverting, developing, pumping, impounding, distributing or furnishing
of water from either surface or subsurface sources to or for the public.
E. The collection, treatment or disposal of sewage for the public.
F. The conveyance or transmission of messages or communications by telephone or telegraph for the public, except for wireless communication facilities as set forth in §
133-5A(2).
G. The diverting, pumping or impounding of water for the development
or furnishing of hydroelectric power to or for the public.
H. The transportation of oxygen or nitrogen, or both, by pipeline or
conduit for the public.
I. Any ancillary service reasonably necessary or appropriate for the accomplishment of services specified in Subsections
A through
H.