For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 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:
(1) 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;
(2) 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 non-voting; or
(3) Which controls the 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 subchapter.
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 subchapter under § 53.03(B).
FACILITY. Any tangible asset in the public way used or required to provide a non-exempt 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 light pole; electric power pole; coal tipple; or obstruction to the public way.
GRANTEE. A person who enjoys a non-exclusive privilege to occupy or use a public way to provide non-exempt service under this subchapter and who is in continuous compliance with this subchapter.
GROSS REVENUE.
(1) All gross revenue of grantee or any affiliate of grantee derived from the use or occupancy of public ways for the provision of non-exempt services to persons having a residence or place of business in the service area.
(2) Includes 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.
(3) 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.
(4) 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.
NON-EXEMPT. A service which is provided to residences or businesses within the service area, but which is not exempt from the provisions of this subchapter under § 53.03(B).
PERSON.
(1) (a) Any natural person, sole proprietorship, partnership, association, limited liability company, corporation or other form of organization authorized to do business in the commonwealth; and
(b) Provides or seeks to provide one or more non-exempt services to residences or businesses in the service area.
(2) 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, 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 Bedminster, County of Bucks, Commonwealth of Pennsylvania, or the lawful successor, transferee or assignee thereof.
(Ord. 166, passed 11-9-2005)