As used in this article, the following terms
shall have the meanings indicated:
COMMUNICATIONS SYSTEM
A fiber-optic cable system for the transmission and distribution
of communication signals, including any conduit, fiber-optic cable,
splicing boxes, surface markers or other facilities located within
the public right-of-way.
CUSTOMER
Any person who purchases any services provided by a communications
system.
LICENSEE
The person who is issued a license in accordance with the
provisions of this article.
GROSS REVENUES
All receipts collected by a licensee for all communications
and communications-related operations and services within the Township
of Hillside. "Gross revenue" includes revenue from the sale or lease
of customers' premises equipment, installation charges, access charges
paid to the licensee by other communications systems or carriers,
sales and occupation surcharges to customers, and the lease or resale
of lines or circuit paths to third parties.
PUBLIC RIGHT-OF-WAY
Any public street, highway, avenue, alley, bridge or sidewalk
with the Township.
No person may construct a fiber-optic system
in any public right-of-way or in any easement granted to a third party
within any public right-of-way or within any existing conduit or structure
within any public right-of-way without first obtaining a license pursuant
to this article.
Upon 90 days' notice from the Township, the
licensee shall protect, support or temporarily or permanently disconnect,
relocate within the same or other public right-of-way, or remove any
of its system when required to do so by the Township because of street
or other public excavation, construction, repair, grading, traffic
conditions, installation of sewers, drains, water pipes, or city-owned
power or signal lines; vacation or relocation of public right-of-way;
installation or construction of any other structure by the Township
or any other public agency; or any improvement which promotes the
public health, safety or welfare.
Nothing in this article shall be construed as
an acquiescence in or ratification of the occupation of any public
right-of-way or public places of the Township by any person now occupying
the same without legal right, nor shall this article be construed
as conferring the right to occupy any of the public right-of-way or
public places of the Township upon any such person now illegally or
without authority occupying the same.