Terms used in this article shall have the following meanings,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this article shall be construed consistent
with Title 47 of the United States Code and, if not defined therein,
with their common and ordinary meaning.
AFFILIATE
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
ANTENNA
Any device used for the transmission of radio, television,
wireless telephone, pager, commercial mobile service, or any other
wireless signals.
EQUIPMENT
Any tangible asset used to install, repair, or maintain a
facility in the right-of-way.
FACILITY or FACILITIES
Conduit, pipes, cables, wires, lines, towers, optic fiber,
poles, associated equipment and appurtenances, and any other facilities
located in the right-of-way and designed, constructed, and/or used,
by telecommunications providers, public utilities, or other persons
for transmitting, transporting, or distributing communications, telecommunications,
electricity, natural gas or manufactured gas, oil, gasoline, steam,
or any other form of energy, signal or substance. The term "facility"
or "facilities" may include "wireless communications facilities" as
defined below.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a right-of-way to provide nonexempt service under this article
and who is in continuous compliance with this article.
GROSS REVENUE
All gross revenue of the grantee or any affiliate of the
grantee derived from the use or occupancy of a right-of-way for the
provision of nonexempt services to persons having a residence or place
of business in the Township.
A.
"Gross revenue" shall include amounts earned, regardless of:
(1)
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to the grantee or its affiliates;
(2)
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
(3)
How the amounts are initially recorded by the grantee or its
affiliates.
B.
"Gross revenue" shall not be a net of:
(1)
Expense, including but not limited to any operating expense;
capital expense; sales expense; or commission;
(2)
Any accrual, including, without limitation, any accrual for
commissions; or
(3)
Any other expenditure, regardless of whether such expense, deduction,
accrual, or expenditure reflects a cash payment.
C.
"Gross revenue" shall not be double counted, viz., gross revenue
which has been included as gross revenue of both the grantee and an
affiliate but which sum is included in gross revenue due solely to
a transfer of funds between the grantee and the affiliate shall not
be counted for purposes of determining gross revenue.
PERSON
Corporations, companies, associations, joint-stock companies,
firms, partnerships, limited-liability companies, individuals, and
other entities; municipal, industrial development, housing, redevelopment,
and other authorities and corporations established pursuant to statutes
of the Commonwealth of Pennsylvania; and individuals, provided that
"person" does not include or apply to the Township or to any department
or agency of the Township.
RIGHT-OF-WAY, RIGHTS-OF-WAY OR ROW
The surface and space in, on and above any real property
in which the Township has an interest in law or in equity other than
real property owned in fee by the Township.
SERVICE(S)
Any telecommunications service, cable service, video programming
service, information service, utility service (including, but not
limited to, electric, gas, water, or steam service), or other form
of service provided by means of facilities located in the right-of-way.
STREET
A strip of land or part thereof within the right-of-way,
whether dedicated or not, that is intended or used for vehicular and
pedestrian traffic. The phrase "in a/the street(s)" means "in, on,
over, along, above and/or under a/the street(s)."
SYSTEM
Any telecommunications system or integral part thereof.
TELECOMMUNICATIONS
The transmission, 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.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles and hub facilities for distributed antenna systems.
TOWNSHIP ENGINEER
The person engaged by the Township to perform engineering
services on behalf of the Township.
TOWNSHIP PROPERTY
All real property now or hereafter owned by the Township,
whether in fee ownership or other interest.
TOWNSHIP WORK
All construction work performed by the Township or any of
its departments, either with its own personnel or under contract,
including repair, alteration, replacement, or maintenance of facilities
owned, operated, maintained, or controlled by the Township or for
which the Township is responsible.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for tower-based facilities.
WIRELESS COMMUNICATIONS FACILITY(IES)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless telecommunications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based WCF or any
other support structure that could support the placement or installation
of a wireless communications facility.
Each person, other than on a transitory basis, who occupies
or uses or seeks to occupy or use the right-of-way to provide a nonexempt
service to persons, residences or businesses within the Township,
or places any equipment or facility in a right-of-way other than on
a transitory basis, including persons with installation and maintenance
responsibilities by lease, sublease or assignment, must register with
the Township. Other than as approved by the East Caln Township Board
of Supervisors, "transitory" shall not exceed 30 days. A completed
Provider Certification Form (included as Appendix A) and associated documents as outlined on the form shall
be submitted to and accepted by the Township.
The grantee shall at all times be subject to the exercise of
the police power of the Township. The grantee shall comply with all
lawful ordinances, codes, laws, rules and regulations of the Township,
County of Chester, Commonwealth of Pennsylvania, and the United States
of America which are now in effect or hereafter enacted.