§ 377-1. Definitions.

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 common control with the applicant; provided that "affiliated person" shall in no event mean the Village 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 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 of "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.

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

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 Village in accordance with the provisions of this chapter, which authorizes the occupation and use of the streets to provide telecommunications services.

MAY

"May" is permissive.

MAYOR

The Mayor of the Village or his/her designee.

ORDINANCE

This chapter 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 Village of Sleepy Hollow.

REVOCABLE LICENSE

An initial authorization or renewal thereof, issued by the Village 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 § 377-2B, G and H of this chapter.

SHALL

"Shall" is mandatory and 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 or waters, and other public rights-of-way within or belonging to the Village.

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:

A. 

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 Village; or

B. 

Provides telecommunications services that originate or terminate in the Village 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 Village 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.

VILLAGE

The Village of Sleepy Hollow, New York.

VILLAGE BOARD OF TRUSTEES

The Board of Trustees of the Village of Sleepy Hollow or any successor thereto.