The purpose and intent of this chapter is to:
A.
Establish a local policy concerning telecommunications
providers and services.
B.
Establish clear local guidelines, standards and time
frames for the exercise of local authority with respect to the regulation
of telecommunications providers and services.
C.
Promote competition in telecommunications.
D.
Minimize unnecessary local regulation of telecommunications'
providers and services.
E.
Encourage the provision of advanced and competitive telecommunications
services on the widest possible basis to the businesses, institutions, and
residents of the village.
F.
Permit and manage reasonable access to the public ways
for telecommunications purposes on a competitively neutral basis.
A.
For purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings set forth in this section,
unless the content clearly indicates that another meaning is intended. When
not inconsistent with the context, words used in the present tense include
the future, words used in the plural number include the singular number and
words used in the singular number include the plural number.
B.
AFFILIATED PERSON
BOARD OF TRUSTEES
CABLE SERVICES
CONTROL or CONTROLLING INTEREST
EQUIPMENT
FRANCHISE
LOCAL LAW
MAY
PERSON
REVOCABLE LICENSE
SHALL
STREETS
TELECOMMUNICATIONS
TELECOMMUNICATIONS PROVIDER
(1)
(2)
(a)
(b)
TELECOMMUNICATIONS SERVICES
TELECOMMUNICATIONS SYSTEM
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
Each person who falls into one or more of the following categories:
each person having, directly or indirectly, a controlling interest in the
applicant; each person in which the applicant has, directly or indirectly,
a controlling interest; each officer, director, joint venturer or joint venture
partner of the applicant; and each person, directly or indirectly, controlling,
controlled by, or under common control with, the applicant; provided that
"affiliated person" shall in no event mean the village 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.
The Board of Trustees of the village and its designee or any successor
thereto.
Cable services as defined in the Communications Act of 1934, 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). 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.
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
10%, 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.
The poles, wires, electrical conductors, conduits, subways, manholes,
fixtures, appliances and appurtenances that are used to provide telecommunications
services.
An initial authorization, or renewal thereof, issued by the village
in accordance with the provisions of this chapter, which authorizes the occupation
and use of the streets to provide telecommunications services.
This chapter and all modifications and amendments thereto.
Permissive.
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 village.
An initial authorization or renewal thereof, issued by the village in accordance with the provisions of this chapter, which authorized the limited occupation and use of specifically identified streets, provided that the revocable license shall be issued only in the limited circumstances set forth in §§ 256-3B and G of this chapter.
Mandatory, not merely directive.
The surfaces of, as well as the spaces above and below, any and all
streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels,
parks, parkways, public grounds or waters, and other public rights-of-way
within the area belonging to the village.
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.
Any person who:
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 village; or
Provides telecommunications services that originate or terminate in
the village by means of:
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 arrangements for a period longer than 120 days; or
Equipment in the streets if the use of such equipment is continuing
and substantial, and the village has determined that it is necessary and appropriate
to impose the requirements of this chapter in order to preserve the application
of this chapter on a competitively neutral and nondiscriminatory basis consistent
with applicable law.
The offering of telecommunications for a fee directly to the public,
or to such classes of users as to be selectively available directly to the
public, regardless of the facilities used. The term "telecommunications services"
shall not include cable services.
The plant, equipment, real property (including interests in real
property), tangible and intangible personal property, offices, furniture,
customer lists, cable, wires, optical fibers, amplifier, antenna and all other
electronic devices, equipment and facilities used to provide telecommunications
services.
The Village of Larchmont, New York.
