As used in this chapter, the following terms shall have the meanings
indicated:
AFFILIATED PERSON
(1)
Each person who falls into one or more of the following categories:
(a)
Each person having, directly or indirectly, a controlling interest
in the applicant;
(b)
Each person in which the applicant has, directly or indirectly,
a controlling interest;
(c)
Each officer, director, joint venture or joint venture partner,
of the applicant; and
(d)
Each person, directly or indirectly, controlling, controlled
by, or under common control with, the applicant; provided that
(2)
"Affiliated person" shall in no event mean the City or any creditor
of the applicant solely by virtue of its status as a creditor and
which is not otherwise an affiliated person by reason of owning a
controlling interest in, being owned by, or being under common ownership,
common management or common control with, the applicant.
CABLE SERVICES
Cable services as defined in the Communications Act of 1934,
as amended by the Cable Communications Policy Act of 1981, 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"). In the event that "cable services"
is no longer defined in the Cable Act or the definition in the Cable
Act otherwise becomes inapplicable, "cable services" shall mean cable
services as defined in the Cable Act immediately prior to such term
no longer being defined in the Cable Act or such definition otherwise
becoming inapplicable.
CITY
The City of Mount Vernon, New York.
CITY COUNCIL
The City Council of the City of Mount Vernon, New York, and
its designee or any successor thereto.
CONTROL or CONTROLLING INTEREST
Actual working control in whatever manner exercised, including,
without limitation, working control through ownership, management,
debt instruments or negative control, as the case may be, of the applicant
or the equipment in the streets. A rebuttable presumption of the existence
of control or a controlling interest shall arise from the beneficial
ownership, directly or indirectly, by any person, or group of persons
acting in concert, of more than 20%, of any person (which person or
group of persons is hereinafter referred to as "controlling person").
"Control" or "controlling interest" as used herein may be held simultaneously
by more than one person or group of persons.
EQUIPMENT
The poles, wires, electrical conductors, conduits, subways,
manholes, fixtures, appliances and appurtenances that are used to
provide telecommunications services.
FRANCHISE
An initial authorization, or renewal thereof, issued by the
City in accordance with the provisions of this ordinance, which authorizes
the occupation and use of the streets to provide telecommunications
services.
MAYOR
The Mayor of the City and his/her designee.
ORDINANCE
This ordinance and all modifications and amendments thereto.
PERSON
Any individual or any association, firm, partnership, joint
venture, corporation or other legally recognized entity, whether for
profit or not-for-profit, but shall not mean the City or the City
School District/Board of Education of the City of Mount Vernon.
REVOCABLE LICENSE
An initial authorization or renewal thereof, issued by the City in accordance with the provisions of this ordinance, which authorizes the limited occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in §
239-2B and
239-2G of this ordinance.
SHALL
Is mandatory, not merely directive.
STREETS
The surface of, as well as the spaces above and below, any
and all streets, alleyways, avenues, highways, boulevards, driveways,
bridges, tunnels, parks, parkways, public grounds, sidewalks or waters,
and other public rights-of-way within or belonging to the City.
TELECOMMUNICATIONS
All transmissions, 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 person who:
(1)
Owns, constructs, operates or maintains equipment in the streets
used to provide telecommunications services regardless of whether
such telecommunications services originate or terminate in the City;
or
(2)
Provides telecommunications services that originate or terminate
in the City by means of:
(a)
Specifically identifiable equipment in the streets, which equipment
is owned by such person or made available to such person under a lease
or any other arrangement for a period longer than 120 days; or
(b)
Equipment in the streets if the use of such equipment is continuing
and substantial, and the City has determined that it is necessary
and appropriate to impose the requirements of this ordinance in order
to preserve the application of this ordinance on a competitively neutral
and nondiscriminatory basis consistent with applicable law.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used. The term
"telecommunications services" shall not include cable services.
TELECOMMUNICATIONS SYSTEM
The plant, equipment, real property (including interests
in real property), tangible and intangible personal property, buildings,
offices, furniture, customer lists, cable, wires, optical fibers,
amplifier, antenna, and all other electronic devices, equipment and
facilities used to provide telecommunications services.