Terms used in this chapter shall have the following meanings,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this chapter 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:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves subscribers without using any right-of-way;
C.
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;
D.
An open video system that complies with 47 U.S.C. § 573;
or
E.
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.
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"
as defined below.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public right-of-way to provide nonexempt service under this
chapter and who is in continuous compliance with this chapter.
GROSS REVENUE
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: i) whether the amounts are paid in cash, in trade, or by means
of some other benefit to grantee or its affiliates; ii) 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 iii) 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.
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" and 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 Forks, 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 antennae, 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.
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.
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.