As used in this article, the following terms shall have the
meanings indicated:
COMMUNICATIONS SYSTEM
A fiber-optic cable system for the transmission and distribution
of communication signals, including any conduit, fiber-optic cable,
splicing boxes, surface markers or other facilities located within
the public right-of-way.
CUSTOMER
Any person who purchases any services provided by a communications
system.
GROSS REVENUES
All receipts collected by a licensee for all communications
and communications-related operations and services within the Township
of Irvington. Gross revenue includes revenue from the sale or lease
of customers' premises equipment, installation charges, access charges
paid to the licensee by other communications systems or carriers,
sales and occupation surcharges to customers and the lease or resale
of lines or circuit paths to third parties.
LICENSEE
The person who is issued a license in accordance with the
provisions of this article.
PUBLIC RIGHT-OF-WAY
Any public street, highway, avenue, alley, bridge or sidewalk
with the Township.
No person may construct a fiber-optic system in any public right-of-way,
in any easement granted to a third party within any public right-of-way
or within any existing conduit or structure within any public right-of-way
without first obtaining a license pursuant to this article.
Upon 90 days' notice from the Township, the licensee shall protect,
support or temporarily or permanently disconnect, relocate within
the same or other public right-of-way, or remove any of its system
when required to do so by the Township because of street or other
public excavation, construction, repair, grading, traffic conditions,
installation of sewers, drains, water pipes or Township-owned power
or signal lines; vacation or relocation of public rights-of-way; installation
or construction of any other structure by the Township or any other
public agency; or any improvement which promotes the public health,
safety or welfare.
The licensee shall not transfer or assign all or any portion
of its interest in any license granted pursuant to this article without
prior written authorization of the Township Engineer, which authorization
shall not be unreasonably withheld, conditioned, delayed or denied.
For purposes of this section, a merger or corporate reorganization
shall not be deemed a transfer or assignment.
Nothing in this article shall be construed as an acquiescence
in or ratification of the occupation of any public right-of-way or
public places of the Township by any person now occupying the same
without legal right, nor shall this article be construed as conferring
the right to occupy any of the public right-of-way or public places
of the Township upon any such person now illegally or without authority
occupying the same.