Definitions. As used herein. the following words shall
have the meanings set forth below:
AFFILIATED PERSON
Each person who falls into one or more of the following categories:
any person having, directly or indirectly, a controlling interest
in the applicant; any person in which the applicant has, directly
or indirectly, a controlling interest; each officer, director, joint
venture or joint venture partner of the applicant; and any person,
controlling, controlled by, or under common control with, directly
or indirectly, the applicant; provided that such affiliated person
shall in no event mean the Town, or any creditor of the applicant
solely by virtue of its status as a creditor and not otherwise an
affiliated person.
APPLICANT
Any person that applies for a franchise and/or license pursuant
to this chapter.
APPLICATION
A request for a franchise and/or license to use the Town
rights-of-way. An application includes all written documentation,
verbal statements and representations, in whatever form or forum,
made by an applicant to the Town.
CABLE SERVICES
"Cable services" as defined in the Communications Act of
1984, as amended by the Cable Communications Policy Act of 1984, the
Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996, and as may be further amended
from time to time (the "Cable Act").
CHAPTER
This chapter and all modifications and amendments hereto.
CUSTOMER
Any person receiving service provided by a franchisee pursuant
to he authority of a franchise.
EQUIPMENT
The poles, wires, cables, electrical conductors, conduits,
fiber-optic cables, subways, manholes, hand holes, junction boxes,
terminal blocks, fixtures, appliances, headend, backbone, hubs, concentrators,
nodes and any other control and/or communications equipment and appurtenances
that are used to provide telecommunications services.
FRANCHISE or FRANCHISE AGREEMENT
The initial authorization, or renewal thereof, issued by
the Town in accordance with the provisions of this chapter, for the
nonexclusive right and authority to install, construct, maintain and
operate any part of a telecommunications system and to provide telecommunications
services to customers with the Town through use of Town rights-of-way.
The franchise agreement shall describe in detail all requirements
applicable to the franchise.
FRANCHISEE
A holder of a franchise granted pursuant to this chapter.
For the purposes of this chapter, the term "franchisee" shall include
any licensee holding a license granted pursuant to this chapter.
GROSS REVENUE
Any and all payments or compensation, in any form whatsoever,
received directly or indirectly by the franchisee or any affiliated
person from or in connection with the operation of a telecommunications
system pursuant to a franchise or license, or from the provision of
any service over such telecommunications system by the franchisee
or any affiliated person within the territorial limits of the Town.
The revenues described in this definition shall include, but are not
limited to:
(1)
All revenue received from any telecommunications
service provided within the Town, such as but not limited to:
(a)
All telecommunications service revenues charged
on a flat rate basis;
(b)
All telecommunications service revenues charged
on a usage sensitive or mileage basis;
(c)
All revenues from installation service charges,
connection or disconnection fees;
(d)
All revenues from equipment sold or rented to
customers upon customer premises;
(e)
All revenues from local service;
(f)
All revenues from charges for access to local
and long distance networks; and
(g)
All other revenues collected by franchisee from
business pursued within the Town; and
(2)
Any access or other payments received by the
franchisee or any affiliated person from interexchange carriers, connecting
carriers, and others in connection with any service originating in
the Town regardless of the destination of such service; and
(3)
Revenues received from the lease, exchange,
rental or use of any facilities, capacity, plant, conduit space or
equipment of the telecommunications system; and
(4)
The value of any free services provided by the
franchisee (provided, however, that the value of the free service
provided hereunder to the Town or to any other governmental entity
shall not constitute gross revenue); and
(5)
The fair market value of any nonmonetary transactions
between the franchisee and any person other than an affiliated person
at not less than the customary prices paid in connection with equivalent
transactions between the franchisee and any affiliated person and
not less than the customary prices paid in connection with equivalent
transactions conducted with persons who are not affiliated persons;
and
(6)
Recoveries of bad debts previously written off
and revenues from the sale or assignment of bad debts. Unrecovered
bad debts charged off after diligent, unsuccessful efforts to collect
are excludable from gross revenues. All revenues from penalties of
charges to customers from checks returned from banks, net of bank
costs paid, shall also be gross revenue.
LICENSE
An initial authorization or renewal thereof, issued by the Town in accordance with the provisions of this chapter, which authorizes the limited occupation and use of specifically identified rights-of-way, provided that a license shall be issued only in the limited circumstances set forth in §
185-4C of this chapter.
LICENSEE
A holder of a license granted pursuant to this chapter. For
the purposes of this chapter, the term "franchisee" shall include
any licensee holding a license granted pursuant to this chapter.
OPEN VIDEO SYSTEM (OVS)
A telecommunications facility consisting of a set of transmission
paths and associated signal generation, reception, and control equipment
that is designed to provide cable service, which includes video programming,
which is provided to multiple subscribers within a community, and
which the Federal Communications Commission or its successor has certified
as compliant with Part 76 of the Rules of the Federal Communications
Commission, 47 CFR Part 76, as amended from time to time.
PERSON
Any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for
profit or not for profit, but not the Town.
PUBLIC RIGHTS-OF-WAY
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, lane, concourse, tunnel,
waterway, public grounds or waters, alley, court, boulevard, sidewalk,
parkway, way, lane, public way, drive, circle, or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips or rights-of-way dedicated for compatible uses, any
other public property or place belonging to the Town or any special
districts of the Town as the same now exist or may hereafter be extended
or altered, and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Town which shall entitle
the Town and franchisee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the system. "Public rights-of-way"
shall also mean any easements now or hereafter held by the Town for
the purpose of public travel, or for utility or public service use
dedicated for compatible uses, and shall include other easements or
public rights-of-way as shall within their proper use and meaning
entitle the Town and franchisee to the use thereof for the purposes
of installing or transmitting the franchisee's telecommunications
services over poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other property
as may be ordinarily necessary and pertinent to the system.
TELECOMMUNICATIONS
All transmissions of voice or electronic data, 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.
TELECOMMUNICATIONS PROVIDER
Any applicant who owns, leases, installs, constructs, operates
or maintains equipment in the Town rights-of-way used to provide telecommunications
services regardless of whether such telecommunications systems originates,
terminates, or merely passes through the Town.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for hire to the public,
or to such classes of users as to be effectively available to the
public, by means of the telecommunication system of the franchisee
or any affiliated person in accordance with applicable federal, state,
and local law. Telecommunications services shall not include "cable
service," as defined in 47 U.S.C. § 522(6), and service
as an open video system provider pursuant to 47 U.S.C. § 573.
TELECOMMUNICATIONS SYSTEM
A telecommunications provider's system of cables, wires,
lines, towers, amplifiers, antennas, wave guides, optical fibers,
microwaves, laser beams, any associated converters, and all other
electronic devices; equipment, real property (including interests
in real property), tangible and intangible personal property, customer
lists or buildings, offices, plants and facilities designed and constructed
for the purpose of producing, receiving, amplifying or distributing
telecommunications to provide telecommunications services. This definition
shall be limited to systems providing audio, video, data, voice and
signaling communications services.
TOWN
The Town of Poughkeepsie, Dutchess County, New York as now
incorporated and including any special districts or improvement areas
of the Town of Poughkeepsie therein and all future annexations. "Town"
shall include the Town Board and all associated departments.
TRENCHLESS TECHNOLOGY
The use of directional boring, horizontal drilling and microtunneling
and other techniques in the construction of underground facilities
which result in the least possible disruption and damage to public
rights-of-way.
UNDERGROUND FACILITIES
All lines, cables, conduits, posts, tanks and other facilities
owned or operated by persons other than the Town which are located
wholly or partially underneath public rights-of-way.
VEGETATION
Any tree, bush, shrub, vine or other foliage.