[Ord. No. 558, 9/14/2021]
Unless the context clearly indicates otherwise, the following
words and phrases used in this Part shall have the following meanings:
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property.
The equipment and network components, including antennas,
transmitters and network components, including antennas, transmitters
and receivers, used by a wireless provider that meet the qualifications
set forth in the Small Wireless Facilities Deployment Act of June
30, 2021, P.L. No. 50.[1]
As follows:
Equipment at a fixed location that enables wireless service
between user equipment and a communications network, including any
of the following: i) equipment associated with wireless services;
and/or ii) radio transceivers, antennas, coaxial or fiber optic cables,
regular and backup power supplies or comparable equipment, regardless
of technological configuration.
The term includes a small wireless facility.
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures but is not a wireless services
provider.
A wireless infrastructure provider or a wireless services
provider.
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
An entity or person providing wireless services.
[1]
Editor's Note: See 53 P.S. § 11704.1 et seq.
[Ord. No. 558, 9/14/2021]
The provisions of this Part shall only apply to wireless facilities
of a wireless provider, including small wireless facilities and associated
new utility poles with small wireless facilities attached placed within
the right-of-way.
[Ord. No. 558, 9/14/2021]
A.
Wireless providers shall pay an annual use fee to the Borough of
$270 per small wireless facility located in the right-of-way.
B.
Wireless providers shall pay an annual use fee to the Borough of
$270 per new utility pole with a small wireless facility placed thereon
or attached thereto located in the right-of-way.
C.
For each wireless facility that is placed in the right-of-way on
or after July 1 of a given year, the right-of-way fee shall be $135
for that year and $270 per year thereafter to be paid by no later
than December 31 of the year for which the fee is due.
D.
For each new utility pole with a small wireless facility placed thereon
or attached thereto that is placed in the right-of way on or after
July 1 of a given year, the right-of-way fee shall be $135 for that
year and $270 per year thereafter to be paid by no later than December
31 of the year for which the fee is due.
E.
The right-of-way fee due and owing to the Borough shall be paid to
the Borough by no later than December 31 of the year in which the
fee is due.
F.
If the Federal Communication Commission ("FCC") adjusts its levels
for fees for small wireless facilities, the Borough hereby reserves
the right to raise and adjust the above fees, by resolution, on a
pro rata basis, and consistent with the FCC's adjustment.
[Ord. No. 558, 9/14/2021]
If any section, subsection, paragraph, sentence, clause or phrase
of this Part, or any part thereof, is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such court decision, holding or ruling shall not affect the validity
or effectiveness of the remaining portions of this Part.
