No person shall construct, operate or continue to operate a
private communications system which occupies the streets, public ways
and public places within the Borough without having been issued a
license or licenses by the Borough.
The purpose of this chapter is to:
A. Regulate the erection, construction, reconstruction, installation,
operation, maintenance, dismantling, testing, repair and use of a
private communications system in, upon, along, across, above, over,
under or in any manner connected with the streets, public ways or
public places within the corporate limits of the Borough, as now or
in the future may exist.
B. Provide the Borough with compensation for occupation and use of the
Borough's rights-of-way for a private communications system.
C. Provide the Borough with compensation for acquisition and maintenance
of the Borough's rights-of-way when used for commercial purposes.
D. Provide the Borough with compensation for the cost of regulation
imposed by this chapter on a private communications system.
For the purposes of this chapter and any license in accordance
herewith, the following terms, phrases, words and their derivations
shall have the meanings given herein unless otherwise specifically
provided in this chapter, unless the context clearly indicates otherwise
or unless such meaning would be inconsistent with the manifest intent
of Council.
CABLE COMMUNICATIONS SYSTEM
A nonbroadcast facility consisting of a set of transmission
paths with associated signal generation, reception and control equipment,
under common ownership and control, which distributes or is designed
to distribute to subscribers the signals of television broadcast stations
and is franchised by the Borough.
CUSTOMER
A person who for a charge or payment of a fee receives, sends
or uses any signal or service provided, collected or distributed by
a private communications system licensed by the Borough.
FCC
The Federal Communications Commission or its legally appointed
successor.
LICENSE
The privilege granted by the Borough by which the Borough
authorizes a person to erect, construct, reconstruct, operate, dismantle,
test, use and maintain a private communications system that occupies
the streets, public ways or public places within the Borough. Any
license issued in accordance herewith shall be a nonexclusive license.
LICENSEE
The person or its legal successor in interest who is issued
a license or licenses in accordance with the provisions of this chapter
for the erection, construction, reconstruction, operation, maintenance,
dismantling, testing, repair and use of a private communications system
in the Borough.
LOCAL ACCESS TRANSPORT AREA (LATA)
The geographic area and communications system in which the
Borough is located and in which Bell Atlantic-Pennsylvania and any
other telecommunications companies are authorized by the Public Utilities
Commission of Pennsylvania to provide local exchange access telecommunications
services.
PRIVATE COMMUNICATIONS SYSTEM
Any communications equipment or facilities, not part of the
LATA or part of a cable communications system franchised by the Borough,
that in any manner is connected with the streets, public ways or public
places within the corporate limits of the Borough, as now or in the
future may exist.
PUBLIC WAY(S)
The surface, the air above the surface and the area below
the surface within any public right-of-way and any street, highway,
lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park,
parkway, lane, square, viaduct, waterway or other public right-of-way,
including public utility easements or rights-of-way in which the Borough
has jurisdiction; and any other public ground or water within belonging
to the Borough.
STREET
Any area established for vehicular or public access use or
the entire width between the boundary lines of every way publicly
maintained when any part thereof is open for public purposes. "Street"
includes, but is not limited to, highway, avenue, road, alley, right-of-way,
lane, boulevard, concourse, bridge, tunnel, parks, parkways, waterways,
docks, overheads, wharves and piers.
TOTAL LOCAL GROSS REVENUES
All cash, credits or property of any kind or nature reported
as revenue items on licensee's audited income statements arising
from or attributable to the sale or exchange of private communications
services by the licensee within the Borough or in any way derived
from the operation of its private communications system, including,
but not limited to, any interconnection between its system in the
Borough and any system whatsoever. This sum shall be the basis for
computing the fee imposed pursuant to this chapter. The sum shall
not include any bad debts, deposits, promotional or vendor discounts
or credits nor sales, service, occupation or other excise tax to the
extent that such taxes are charged separately from normal service
charges and are remitted by the licensee directly to the taxing authority.
All notices are required to be given to the Borough.
This chapter shall not be construed to create or hold the Borough
responsible or liable for any damage to persons or property by reason
of any inspection or reinspection authorized herein or failure to
inspect or reinspect, nor shall the issuance of any license nor the
approval or disapproval of any installation authorized herein constitute
any representation, guarantee or warranty of any kind by, nor create
any liability upon, the Borough or any official, agent or employee
thereof.
All technical standards governing construction, reconstruction,
installation, operation, testing, use, maintenance and dismantling
of a private communications system provided for herein shall be in
accordance with all applicable FCC and other federal, state and local
laws and regulations, including but not limited to the most recent
editions of the National Electrical Code and the National Electrical
Safety Code.
It shall be a term and condition of any license issued in accordance
herewith that, as a part of the consideration supporting the issuance
of such license and the Borough's permission thereby to occupy
and use the streets of the Borough, the licensee shall pay each year
to the Borough the following compensation and license fees:
A. Any private communications system which serves no customers other
than itself shall pay compensation and license fees, payable per annum,
as follows:
(1) One dollar and ninety cents per linear foot for each diameter inch
or less of underground conduit or wire or each 0.250 diameter inch
or less of aerial wire situated outside of the "CBD."
(2) In no event shall the fee be less than $500 per annum.
B. Any private communications system that serves customers within the
Borough shall pay annually 5% of the annual total local gross revenues derived from
the customers.
C. Any cable communications system or part thereof located in the Borough right-of-way and not franchised by the Borough in accordance with Chapter
98 of this Code shall obtain a license under this chapter. The license shall be granted for the sole purpose of providing cable television signals to customers located in an adjoining municipality. The compensation and license fees stated in Subsection
A hereof shall not apply, provided that such adjoining municipality imposes no compensation and license fee requirements on any cable communications system or part thereof franchised by the Borough in accordance with Chapter
98 which may be located in the adjoining municipality.
D. Commencing January 1, 2001, and annually thereafter, the license
charge shall be calculated by multiplying the previous year's
license fee by the percentage change from the previous year in the
National Consumer Price Index ("Index") published by the United State
Department of Labor. In the event that such Index ceases to be published,
the Director of the Department of General Services may select another
measure of general price changes in the United States. By December
1, 1997, and each December 1 thereafter, the Department of General
Services shall notify each licensee of the revised license charges
to be effective on the following January 1. Every license agreement
shall reflect the schedule of charges specified herein and the annual
adjustments thereto.
Nothing in this chapter or in any license issued in accordance
herewith shall be construed as an abrogation by the Borough of any
of its police powers.
The Borough may install or affix and maintain wires and equipment
for municipal purposes upon any and all of licensee's ducts,
conduits or equipment without charge to the Borough. For the purposes
of this section, the term "municipal purposes" includes but is not
limited to the use of the structures and installations for Borough
fire, police, other emergency, traffic, water, telephone and/or signal
systems. Any value of such use of licensee's facilities may not
be deducted from any fees payable to the Borough. Licensee shall not
be responsible for any damage resulting to the wires or property of
the Borough occurring as a result of the Borough's use of licensee's
conduits.
Any person, firm or corporation who shall violate any provision
of this chapter or fails to comply therewith or with any of the requirements
thereof, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, shall pay a judgment of not less than $100
nor more than $600 plus costs, including reasonable attorneys' fees
incurred by the Borough. A separate offense shall arise for each day
or portion thereof in which a violation of this chapter is found to
exist and for each section of this chapter found to have been violated.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin or abate violations of this
chapter. All penalties collected for violations of this chapter shall
be paid to the Borough Treasurer.