[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of this article, the following abbreviations, phrases and words 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:
A person:
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;
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 nonvoting; or
Which controls grantee and/or is controlled by or is under common control with such person or entity.
The Borough of Langhorne, Bucks County, Commonwealth of Pennsylvania.
Shall have the same meaning as used in the Communications Act.
The Communications Act of 1934, as amended.[1]
The Engineer currently appointed by Borough Council of the Borough of Langhorne.
Any tangible asset used to install, alter, extend, repair, construct, remove, relocate, perform work on or maintain a facility in the public way.
A service which is provided to residences or businesses within the service area but which is exempt from the rental fee requirements, but not the permit requirements, of the provisions of this article.
Any tangible asset in the public way used or required to provide a public utility or exempt or a nonexempt service to residences or businesses within the service area, including but not limited to the following: cable services, internet services, video services, railroad, street railway, gas pipe, water pipe, sewer pipe, storm sewer pipe, electric wire or cable, electric conduit, electric piping, telephone pole, telegraph pole, electric light pole, electric power pole, coal tipple or other uses within the public way.
A person who enjoys a nonexclusive privilege to occupy or use a public way to provide service under this article and is in compliance with this article.
All gross revenue of non-utility grantees or any affiliate of grantees derived from the use or occupancy of public ways for the provision of nonexempt services to persons having a residence or place of business in the service area. 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, i.e., 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.
A service which is provided to residences or businesses within the service area but which is not exempt from the provisions of this article.
The applicant who is directly or ultimately responsible for the work contemplated; a public utility, individual, partnership, corporation and/or its assignees.
The Borough of Langhorne.
Any natural person, sole proprietorship, partnership, association, limited-liability company, corporation or other form of organization authorized to do business in Pennsylvania; and
Provides or seeks to provide one or more nonexempt services to residences or businesses in the service area. A governmental entity or a municipal authority is not a "person."
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 Borough in the service area. "Public way" shall also mean any easement now or hereafter held by the Borough within the service area for the purpose of public travel and/or for utility and/or public service use dedicated for compatible uses.
The municipal boundaries of the Borough.