[11-3-1997]
As used in this article, the following terms shall have the
following meanings:
GROSS CHARGES
The amount paid to the telecommunications retailer for the
act or privilege of originating or receiving telecommunications within
the Village, and for all services rendered in connection therewith,
valued in money whether paid in money or otherwise, including cash,
credits, services, and property of every kind or nature, and shall
be determined without any deduction on account of the cost of such
telecommunications, the cost of the materials used, labor or service
costs, or any other expense whatsoever. In case credit is extended,
the amount thereof shall be included only as and when paid. "Gross
charges" for private line service shall include charges imposed at
each channel point within the Village, charges for the channel mileage
between each channel point within the Village, and charges for that
portion of the interstate inter-office channel provided within the
Village. However, "gross charges" shall not include:
A.
Any amounts added to a purchaser's bill because of a charge
made under:
1.
The fee imposed by this article;
2.
Additional charges added to a purchaser's bill under § 9-221
or 9-222 of the Public Utilities Act;
3.
Amounts collected under § 8-11-17 of the Illinois
Municipal Code;
4.
The tax imposed by the Telecommunications Excise Tax Act;
6.
The tax imposed by § 4251 of the Internal Revenue
Code;
B.
Charges for a sent collect telecommunication received outside
the Village;
C.
Charges for leased time on equipment or charges for the storage
of data or information or subsequent retrieval or the processing of
data or information intended to change its form or content. Such equipment
includes, but is not limited to, the use of calculators, computers,
data processing equipment, tabulating equipment, or accounting equipment
and also includes the usage of computers under a time-sharing agreement;
D.
Charges for customer equipment, including such equipment that
is leased or rented by the customer from any source, wherein such
charges are disaggregated and separately identified from other charges;
E.
Charges to business enterprises certified under § 9-222.1
of the Public Utilities Act to the extent of such exemption and during
the period of time specified by the Village;
F.
Charges for telecommunications and all services and equipment
provided in connection therewith between a parent corporation and
its wholly owned subsidiaries or between wholly owned subsidiaries,
and only to the extent that the charges between the parent corporation
and wholly owned subsidiaries or between wholly owned subsidiaries
represent expense allocation between the corporations and not the
generation of profit other than a regulatory required profit for the
corporation rendering such services;
G.
Bad debts ("bad debt" means any portion of a debt that is related
to a sale at retail for which gross charges are not otherwise deductible
or excludable that has become worthless or uncollectible, as determined
under applicable federal income tax standards; if the portion of the
debt deemed to be bad is subsequently paid, the retailer shall report
and pay the tax on that portion during the reporting period in which
the payment is made);
H.
Charges paid by inserting coins in coin-operated telecommunications
devices; or
I.
Charges for telecommunications and all services and equipment
provided to the Village.
PUBLIC RIGHT-OF-WAY
Any municipal street, alley, water or public right-of-way
dedicated or commonly used for utility purposes, including utility
easements wherein the Village has acquired the right and authority
to locate or permit the location of utilities consistent with telecommunications
facilities. "Public Right-of-Way" shall not include any real or personal
Village property that is not specifically described in the previous
sentence and shall not include Village buildings and other structures
or improvements, regardless of whether they are situated in the public
right-of-way.
RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE, OR ANY
LIKE TERM
Any retailer having or maintaining within the State of Illinois,
directly or by a subsidiary, an office, distribution facilities, transmission
facilities, sales office, warehouse, or other place of business, or
any agent or other representative operating within this state under
the authority of the retailer or its subsidiary, irrespective of whether
such place of business or agent or other representative is located
here permanently or temporarily, or whether such retailer or subsidiary
is licensed to do business in this state.
SALE OF TELECOMMUNICATIONS AT RETAIL
The transmitting, supplying, or furnishing of telecommunications
and all services rendered in connection therewith for a consideration,
other than between a parent corporation and its wholly owned subsidiaries
or between wholly owned subsidiaries, when the gross charge made by
one such corporation to another such corporation is not greater than
the gross charge paid to the retailer for their use or consumption
and not for sale.
SERVICE ADDRESS
The location of telecommunications equipment from which telecommunications
services are originated or at which telecommunications services are
received. If this is not a defined location, as in the case of wireless
telecommunications, paging systems, maritime systems, air-to-ground
systems, and the like, "service address" shall mean the location of
the customer's primary use of the telecommunications equipment as
defined by the location in Illinois where bills are sent.
TELECOMMUNICATIONS
A.
Includes, but is not limited to, messages or information transmitted
through use of local, toll, and wide area telephone service, channel
services, telegraph services, teletypewriter service, computer exchange
services, private line services, specialized mobile radio services,
or any other transmission of messages or information by electronic
or similar means, between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite, or similar facilities. Unless
the context clearly requires otherwise, "telecommunications" shall
also include wireless telecommunications as hereinafter defined.
B.
"Telecommunications" shall not include value added services
in which computer processing applications are used to act on the form,
content, code, and protocol of the information for purposes other
than transmission. "Telecommunications" shall not include purchase
of telecommunications by a telecommunications service provider for
use as a component part of the service provided by him or her to the
ultimate retail consumer who originates or terminates the end-to-end
communications. Retailer access charges, right of access charges,
charges for use of intercompany facilities, and all telecommunications
resold in the subsequent provision and used as a component of, or
integrated into, end-to-end telecommunications service shall not be
included in gross charges as sales for resale. "Telecommunications"
shall not include the provision of cable services through a cable
system as defined in the Cable Communications Act of 1984 (47 U.S.C.
§ 521 and following) as now or hereafter amended or cable
or other programming services subject to an open video system fee
payable to the Village through an open video system as defined in
the Rules of the Federal Communications Commission (47 C.D.F. 76.1550
and following) as now or hereafter amended.
TELECOMMUNICATIONS PROVIDER
A.
Any telecommunications retailer; and
B.
Any person that is not a telecommunications retailer that installs,
owns, operates or controls equipment in the public right-of-way that
is used or designed to be used to transmit telecommunications in any
form.
TELECOMMUNICATIONS RETAILER or RETAILER or CARRIER
Every person engaged in the business of making sales of telecommunications
at retail as defined in this article. The Village may, in its discretion,
upon application, authorize the collection of the fee hereby imposed
by any retailer not maintaining a place of business within the state,
who, to the satisfaction of the Village, furnishes adequate security
to ensure collection and payment of the fee. When so authorized, it
shall be the duty of such retailer to pay the fee upon all of the
gross charges for telecommunications in the same manner and subject
to the same requirements as a retailer maintaining a place of business
within the Village.
WIRELESS TELECOMMUNICATIONS
Includes cellular mobile telephone services, personal wireless
services as defined in § 704(C) of the Telecommunications
Act of 1996 (Public Law No. 104-104), 42 U.S.C. § 332(c)(7),
as now or hereafter amended, including all commercial mobile radio
services, and paging services.
[11-3-1997]
Nothing in this article shall excuse any person or entity from
obligations imposed under any law, including, but not limited to.
A. Generally applicable taxes; and
B. Standards for construction on, over, under, or within, use of or
repair of the public rights-of-way, including standards relating to
freestanding towers and other structures upon the public rights-of-way,
as provided; and
C. Any liability imposed for the failure to comply with such generally
applicable taxes or standards governing construction on, over, under,
or within, use of or repair of the public rights-of-way; and
D. Compliance with any ordinance or provisions of this Code concerning
uses or structures not located on, over, or within the right-of-way.
[11-3-1997]
Any franchise, license, or similar agreements between telecommunications
retailers and the Village entered into before the effective date of
this article regarding the use of public rights-of-way shall remain
valid according to and for their stated terms except for any fees,
charges or other compensation to the extent waived.
[11-3-1997]
Any telecommunications provider who violates, disobeys, omits,
neglects or refuses to comply with any of the provisions of this article
shall be subject to fine in accordance with the general penalty provisions
of the Village Municipal Code.
[11-3-1997]
Nothing in this article shall be construed as limiting any additional
or further remedies that the Village may have for enforcement of this
article.