[Ord. 173, 9/7/2016]
This Part shall be known as the "Upper Nazareth Township Right-of-Way
Management Ordinance."
[Ord. 173, 9/7/2016]
Terms used in this Part shall have the following meanings, whether
or not the terms are capitalized. Unless otherwise expressly stated,
terms not defined in this Part shall be construed consistent with
Title 47 of the United States Code, and, if not defined therein, with
their common and ordinary meaning.
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.
ANTENNA
Any device used for the transmission of radio, television,
wireless telephone, pager, commercial mobile service, or any other
wireless signals.
CABLE
Facilities consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide 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.
COMMERCIAL COMMUNICATIONS FACILITY
The antenna, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
COMMUNICATIONS ACT
The Communications Act of 1934, 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 right-of-way.
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" may include "commercial communications facilities."
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public right-of-way to provide nonexempt service under this
Part and who is in continuous compliance with this Part.
GROSS REVENUE
1.
All gross revenue of grantee or any affiliate of grantee derived
from the use or occupancy of right-of-way for the provision of nonexempt
services to persons having a residence or place of business in the
Township. "Gross revenue" shall include amounts earned, regardless
of:
A.
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to grantee or its affiliates;
B.
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
C.
How the amounts are initially recorded by grantee or its affiliates.
2.
"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.
3.
"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.
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.
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)."
SYSTEM
Any 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.
TOWNSHIP
The Township of Upper Nazareth, Northampton County, Pennsylvania.
TOWNSHIP CODE or CODE
The ordinances of the Township of Upper Nazareth, Northampton
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.
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.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for tower-based facilities.
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.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based CCF or any
other support structure that could support the placement or installation
of a commercial communications facility.
[Ord. 173, 9/7/2016]
Each person, other than on a transitory basis, who occupies
or uses or seeks to occupy or use the right-of-way to provide a nonexempt
service to persons, residences or businesses within the Township,
or places any equipment or facility in a right-of-way other than on
a transitory basis, including persons with installation and maintenance
responsibilities by lease, sublease or assignment, must register with
the Township. A completed Provider Certification Form (included as
Appendix A) and associated documents as outlined on the form shall
be submitted to and accepted by the Township.
[Ord. 173, 9/7/2016]
The grantee shall at all times be subject to the exercise of
the police power of the Township. The grantee shall comply with all
lawful ordinances, codes, laws, rules and regulations of the Township,
County of Northampton, Commonwealth of Pennsylvania, and the United
States of America which are now in effect or hereafter enacted.