This article shall be known as the "Middletown Township Rights-of-Way
Management Ordinance."
For the purpose of this article, 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 article.
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 a person conducting business within the service area but which is exempt from the provisions of this article under §
436-704B of this article.
FACILITY
Any tangible asset in the public way used or required to
provide a nonexempt service to residences or businesses within the
service area.
GRANTEE
A person who enjoys a nonexclusive privilege to occupy or
use a public way to provide nonexempt service under this article and
who is in continuous compliance with this article.
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 to persons
conducting business in the service area. Gross revenue shall include
amounts earned, regardless of:
A.
Whether the amounts are paid in cash, in trade, or by means
of some other benefit to grantee or its affiliates;
B.
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
C.
How the amounts are initially recorded by grantee or its affiliates.
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.
NONEXEMPT
A service which is provided to residences or a person conducting business within the service area, but which service is not exempt from the provisions of this article under §
436-704B of this article.
PERSON
A.
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
B.
Provides or seeks to provide one or more nonexempt services
to residences or a person conducting business within 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, turnpike, 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
The Township of Middletown, County of Bucks, Commonwealth
of Pennsylvania, or the lawful successor, transferee, or assignee
thereof
Each person, other than on a transitory basis, which occupies
or uses or seeks to occupy or use a public way to provide a nonexempt
service to residences or to a person conducting business 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,
to provide a nonexempt service to residences or to a person conducting
business within the service area 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 article.