For the purpose of this Part 1, the following
terms, phrases, words and abbreviations shall have the meanings ascribed
to them below. When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular number and words in the singular number
include the plural number.
AFFILIATE
A person:
A.
With a direct or indirect ownership interest
in the subject entity of 5% or more or which controls such interest,
including forms of ownership such as general, limited, or other partnership
interests, direct ownership interests, limited liability companies
and other forms of business organizations and entities but, not including
corporations;
B.
With a stock interest in the subject entity
where the subject entity is a corporation and such stockholder or
its nominee is an officer or director of the grantee or who directly
or indirectly owns or controls 5% or more of the outstanding stock,
whether voting or nonvoting; or
C.
Which controls grantee and/or is controlled
by, or is under common control with, such person or entity.
CABLE SERVICE
The same meaning as used in the Communications Act.
COMMUNICATIONS ACT
The Communications Act of 1934, as amended as of the time
of enactment of this Part 1.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the public way.
EXEMPT
A service which is provided to residences or businesses within the service area, but which is exempt from the provisions of this Part
1 under §
193-4B of this Part
1.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area. The following are not a facility: a railroad, street
railway, gas pipe, water pipe, electric conduit, electric piping,
telephone pole, telegraph pole, electric light pole, electric power
pole, coal tipple or obstruction to the public way.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this Part 1 and
who is in continuous compliance with this Part 1.
GROSS REVENUE
All gross revenue of grantee or any affiliate of grantee
derived from the use or occupancy of public ways for the provision
of nonexempt services to persons having a residence or place of business
in the service area. "Gross revenue" shall include amounts earned,
regardless of: (i) whether the amounts are paid in cash, in trade,
or by means of some other benefit to grantee or its affiliates; (ii)
whether the services with which the revenue is associated are provided
at cost or the revenue amount can be matched against an equivalent
expenditure; and/or (iii) how the amounts are initially recorded by
grantee or its affiliates. "Gross revenue" shall not be a net of:
(a) expense, including but not limited to any operating expense; capital
expense; sales expense; or commission; (b) any accrual, including,
without limitation, any accrual for commissions; or (c) any other
expenditure, regardless of whether such expense, deduction, accrual,
or expenditure reflects a cash payment. "Gross revenue" shall not
be double counted, viz., gross revenue which has been included as
gross revenue of both grantee and an affiliate but which sum is included
in gross revenue due solely to a transfer of funds between grantee
and the affiliate shall not be counted for purposes of determining
gross revenue.
NONEXEMPT
A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this Part
1 under §
193-4B of this Part
1.
PERSON
Any natural person, sole proprietorship, partnership, association,
limited liability company, corporation or other form of organization
authorized to do business in the Commonwealth of Pennsylvania; and
provides or seeks to provide one or more nonexempt services to residences
or businesses in the service area. A governmental entity or a municipal
authority is not a "person."
PUBLIC WAY
The surface of, and the space above and below, any public
street, unopened right-of-way, highway, bridge, land path, alley,
court, boulevard, sidewalk, parkway, way, lane, public way, drive,
circle, or other public right-of-way held by the Township in the service
area. "Public way" shall also mean any easement now or hereafter held
by the Township within the service area for the purpose of public
travel and/or for utility and/or public service use dedicated for
compatible uses.
SERVICE AREA
The present municipal boundaries of the Township, and shall
include any additions thereto by annexation or other legal means.
TOWNSHIP
Horsham Township, County of Montgomery, Commonwealth of Pennsylvania,
or the lawful successor, transferee, or assignee thereof.
Each person, other than on a transitory basis, who occupies or uses or seeks to occupy or use a public way to provide a nonexempt service to residences or businesses within the service area, or places any equipment or facility in a public way other than on a transitory basis, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Township. Registration is accomplished by filing with the Township a completed provider certification in the form shown at Appendix A to this Part
1.