COMMUNICATION 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.
LICENSEE
The person who is issued a license in accordance with the
provisions of this Article.
GROSS REVENUES
All receipts collected by a licensee for all communications
and communications-related operations and services within the City
of Orange Township. 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 re-sale
of lines or circuit paths to third parties.
PUBLIC RIGHT-OF-WAY
Any public street, highway, avenue, alley, bridge or sidewalk
within the City.
No person may construct a fiber-optic system:
A. In any public right-of-way, or
B. In any easement granted to a third party within any public right-of-way,
or
C. Within any existing conduit or structure within any public right-of-way
without first obtaining a license pursuant to this Article.
Upon ninety (90) days' notice from the City, 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 City because of street
or other public excavation, construction, repair, grading, traffic
conditions, installation of sewers, drains, water pipes, or City-owned
power or signal lines; vacation or relocation of public right-of-way;
installation or construction of any other structure by the City or
any other public agency; or any improvement which promotes the public
health, safety or welfare of the City.
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 Department of Public Works and
Engineering, 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-ways or
public places of the City 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-ways or public places of
the City upon any such person now illegally or without authority occupying
the same.
Any person who violates any of the provisions of this Article
shall, upon conviction thereof, be subject to a fine not exceeding
five thousand dollars ($5,000.) or imprisonment for a period not exceeding
six (6) months, or both.