§ 136-2. Definition of terms.
Latest version.
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For the purpose of this chapter, 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 chapter.
- 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 chapter under § 136-4B of this chapter.
- 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 lightpole, 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 chapter and who is in continuous compliance with this chapter.
- 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: 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: 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 chapter under § 136-4B of this chapter.
- 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, 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 Upper Southampton, County of Bucks, Commonwealth of Pennsylvania, or the lawful successor, transferee, or assignee thereof.