A. 
For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AFFILIATED PERSON
(1) 
Each person who falls into one or more of the following categories:
(a) 
Each person having, directly or indirectly, a controlling interest in the applicant;
(b) 
Each person in which the applicant has, directly or indirectly, a controlling interest;
(c) 
Each officer, director, joint venture or joint venture partner, of the applicant; and
(d) 
Each person, directly or indirectly, controlling, controlled by, or under common control with, the applicant; provided that
(2) 
"Affiliated person" shall in no event mean the City or any creditor of the applicant solely by virtue of its status as a creditor and which is not otherwise an affiliated person by reason of owning a controlling interest in, being owned by, or being under common ownership, common management or common control with, the applicant.
CABLE SERVICES
Cable services as defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1981, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and as may be further amended from time to time (the "Cable Act"). In the event that "cable services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise becomes inapplicable, "cable services" shall mean cable services as defined in the Cable Act immediately prior to such term no longer being defined in the Cable Act or such definition otherwise becoming inapplicable.
CITY
The City of Mount Vernon, New York.
CITY COUNCIL
The City Council of the City of Mount Vernon, New York, and its designee or any successor thereto.
CONTROL or CONTROLLING INTEREST
Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the applicant or the equipment in the streets. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than 20%, of any person (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest" as used herein may be held simultaneously by more than one person or group of persons.
EQUIPMENT
The poles, wires, electrical conductors, conduits, subways, manholes, fixtures, appliances and appurtenances that are used to provide telecommunications services.
FRANCHISE
An initial authorization, or renewal thereof, issued by the City in accordance with the provisions of this ordinance, which authorizes the occupation and use of the streets to provide telecommunications services.
MAY
Is permissive.
MAYOR
The Mayor of the City and his/her designee.
ORDINANCE
This ordinance and all modifications and amendments thereto.
PERSON
Any individual or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not-for-profit, but shall not mean the City or the City School District/Board of Education of the City of Mount Vernon.
REVOCABLE LICENSE
An initial authorization or renewal thereof, issued by the City in accordance with the provisions of this ordinance, which authorizes the limited occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in § 239-2B and 239-2G of this ordinance.
SHALL
Is mandatory, not merely directive.
STREETS
The surface of, as well as the spaces above and below, any and all streets, alleyways, avenues, highways, boulevards, driveways, bridges, tunnels, parks, parkways, public grounds, sidewalks or waters, and other public rights-of-way within or belonging to the City.
TELECOMMUNICATIONS
All transmissions, 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.
TELECOMMUNICATIONS PROVIDER
Any person who:
(1) 
Owns, constructs, operates or maintains equipment in the streets used to provide telecommunications services regardless of whether such telecommunications services originate or terminate in the City; or
(2) 
Provides telecommunications services that originate or terminate in the City by means of:
(a) 
Specifically identifiable equipment in the streets, which equipment is owned by such person or made available to such person under a lease or any other arrangement for a period longer than 120 days; or
(b) 
Equipment in the streets if the use of such equipment is continuing and substantial, and the City has determined that it is necessary and appropriate to impose the requirements of this ordinance in order to preserve the application of this ordinance on a competitively neutral and nondiscriminatory basis consistent with applicable law.
TELECOMMUNICATIONS SERVICES
The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. The term "telecommunications services" shall not include cable services.
TELECOMMUNICATIONS SYSTEM
The plant, equipment, real property (including interests in real property), tangible and intangible personal property, buildings, offices, furniture, customer lists, cable, wires, optical fibers, amplifier, antenna, and all other electronic devices, equipment and facilities used to provide telecommunications services.