For purposes of this chapter, 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.
AFFILIATED PERSON
Each person who falls into one or more of the following categories:
each person having, directly or indirectly, a controlling interest
in the applicant; each person in which the applicant has, directly
or indirectly, a controlling interest; each officer, director, joint
venturer or joint venture partner of the applicant; and each person,
directly or indirectly, controlling, controlled by or under City control
with the applicant; provided that 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 City ownership, City management or City control
with the applicant.
CABLE SERVICES
As defined in the Communications Act of 1934, as amended
by the Cable Communications Policy Act of 1984, 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.
CHAPTER
This chapter and all modifications and amendments thereto.
CITY
The City of New Rochelle, New York.
CITY COUNCIL
The City Council of the City 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 10%, 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
Poles, wires, electrical conductors, transmitters, conduits,
subways, manholes, fixtures, appliances and appurtenances that are
used to provide telecommunications services.
FRANCHISE
Initial authorization, or renewal thereof, issued by the
City in accordance with the provisions of this chapter, which authorizes
the occupation and use of the streets to provide telecommunications
services.
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 of the City of New Rochelle.
REVOCABLE LICENSE
Initial authorization or renewal thereof, issued by the City in accordance with the provisions of this chapter, 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 § 292-2B and § 292-2G of this chapter.
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 or waters and other
public areas or 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 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 provides telecommunications services that originate
or terminate in the City by means of: 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 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 chapter in order to preserve the application of this chapter
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.
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