Terms. For the purpose of this Part, 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:
AFFILIATE
A person (1) with a direct or indirect ownership interest
in the subject entity of 5% or more or 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, (2) 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 5% or more of the outstanding stock, whether voting
or non-voting; or (3) which controls grantee and/or is controlled
by or is under common control with such person or entity.
CABLE SERVICE
Have the same meaning as used in the Communications Act.
COMMUNICATIONS ACT
The Communications Act of 1984, as amended as of the time
of enactment of this Part.
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
Part under § 402 of this Part.
FACILITY
Any tangible asset in the public way used or required to
provide a non-exempt service to residences or businesses within 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 non-exclusive privilege to occupy or
use a public way to provide non-exempt service under this Part and
who is in continuous compliance with this Part.
GROSS REVENUE
All gross revenue of grantee or any affiliate of grantee
derived from the use or occupancy of public ways for the provision
of non exempt services to persons having a residence or place of business
in the service area. "Gross revenue" shall include amounts earned,
regardless of: (1) whether the amounts are paid in cash, in trade,
or by means of some other benefit to grantee or its affiliates; (2)
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 (3) how the amounts are initially recorded by
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 grantee and an affiliate but which sum is included
in gross revenue due solely to a transfer of funds between grantee
and the affiliate shall not be counted for purposes of determining
gross revenue.
NON-EXEMPT
A service which is provided to residences or businesses within
the service area, but which is not exempt from the provisions of this
Part under § 402 of this Part.
PERSON
(1) 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 (2) provides or seeks to provide one or more non-exempt 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 service 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 Newtown, County of Bucks, Commonwealth of
Pennsylvania, or the lawful successor, transferee, or assignee thereof.