[Adopted 10-14-1963 by Ord. No. 63-24[1]]
[1]
Editor's Note: Section 7 of Ord. No. 63-24 stated that the permission granted to the licensee would not be effective nor any rights exercised under it until the licensee filed bond and complied with the insurance requirements set forth in the agreement mentioned in § A302-25 of this ordinance. Section 10 required that the service be operational within a year or the permission granted would be void.
A.
To the extent it is legally authorized to do so, the
Burgess (now known as the "Mayor") and Town Council of the Borough
of Chambersburg, hereafter called "licensor," grant to Chambersburg
Television Antenna Service, Inc.,[1] hereinafter called "licensee," permission to supply community
antenna television service and FM antenna radio service for sale to
the inhabitants of the Borough of Chambersburg, of the nature and
kind set forth in the licensee's (actually the licensee's unincorporated
predecessor) application submitted under date of July 8, 1963, and,
to the extent the licensor has the authority and right to do so, permission
to erect, maintain and operate the licensee's distribution facilities
in, under, over, along, across and upon the streets, alleys and sidewalks
within the limits of the Borough of Chambersburg as now existing or
hereafter extended, for a period of five years and thereafter until
terminated by the licensor or licensee upon six months' written notice,
subject to the terms and conditions set forth in this ordinance.
[1]
Note: This franchise is now vested in Warner
Cable Television.
B.
Subject to the provisions of § A302-31 as herein amended, upon the transfer by the present owners of Chambersburg Television Antenna Service, Inc., of all of the stock, ownership and control of the company to United Transmission Incorporated, the time of the permission or license granted in Subsection A hereof is changed and extended to a period of 15 years from the date of this ordinance, at which time it shall terminate, subject to the terms and conditions set forth in this ordinance, as amended, provided that such transfer of ownership, etc., shall be completed within 60 days from the date of this ordinance and, in the event such transfer is not completed within such time, this section shall no longer be of any force and effect.
[Added 9-2-1966 by Ord. No. 66-33[2]]
[2]
Editor's Note: The preamble to Ord. No. 66-33
stated that Chambersburg Television Antenna Service, Inc., had informed
the borough of its intention to transfer ownership of the company
to United Transmission, Inc., which company had requested the borough
to extend the franchise period to 15 years, and that United Transmission,
Inc., had given the borough evidence of its ability to operate community
antenna television service. Ordinance No. 66-41 approved the transfer
and assignment of rights to United Transmission, Inc. Resolution No.
70-2 approved the transfer of capital stock of United Transmission,
Inc., to HarriScope Cable Corporation. Ordinance No. 72-45 approved
the transfer and assignment of rights and license of Cypress Cable
TV, Inc. under Ordinance 63-24 to Cypress Cable Corporation subject
to the latter paying to the borough a fee of 30% of the gross annual
subscriber revenues derived from regular services in the borough,
said payment to be made quarterly within 30 days after the end of
each quarter, beginning with revenues received on and after September
28, 1972; the borough was to be rendered accounts of receipts and
upon request to have the right to audit the books of the licensee.
The licensee shall, to the extent it is reasonably
possible, attach its distribution facilities to present utility poles
and shall erect no poles upon the public streets, alleys or sidewalks
within the Borough of Chambersburg without the express written consent
and approval of the Manager of Utilities of the Borough of Chambersburg.
No permission is granted to the licensee to erect poles or maintain
overhead distribution facilities upon or over those parts of streets
or alleys within the Borough of Chambersburg where no overhead poles
and facilities presently exist, and the licensor reserves the right
to extend the areas within the borough within which poles and overhead
facilities will not be permitted, and the licensee shall at its own
expense remove or rearrange all of its facilities in any such area
or areas so as to meet the terms of any order issued to it by the
licensor calling for such removal or rearrangement. Such removal or
rearrangement shall be completed within 30 days after notice, and
if the licensee fails to complete such removal or rearrangement, the
licensor may remove or rearrange the same and collect the cost thereof
from the licensee.
[Amended 1-31-1966 by Ord. No. 66-6]
Permission is granted to use the poles of the
Electric Department of the licensor under and subject to the terms
of an agreement between the licensor and licensee dated as of October
14, 1963, which agreement is hereby approved by the licensor and incorporated
herein by reference thereto, provided that the Town Council of the
Borough of Chambersburg may, by motion, agree to amend or change the
provisions of said agreement so as to change the amount of bond required
to be furnished by the licensee under such contract.
The distribution facilities of the licensee
shall be at all times maintained in good and safe order and condition
and shall be constructed and maintained so as not to interfere with
television reception by inhabitants of the Borough of Chambersburg
not using the licensee's service.
The permission granted hereby shall be subject
to all of the ordinances, regulations and rules now in force or which
may hereafter be adopted relative to the use of streets and alleys
of the Borough of Chambersburg.
Breach of any of the conditions and terms of
this ordinance or of the aforementioned agreement for the use of the
licensor's poles shall be grounds for the rescission of the permission
hereby granted.
The construction, installation, maintenance,
operation and type of service rendered by the licensee, to the extent
not in conflict with this ordinance or the aforementioned agreement
between the licensor and licensee, shall be substantially in accord
with the representations contained in the licensee's (actually the
licensee's unincorporated predecessor) application for a franchise
or license submitted under date of July 8, 1963, and failure to comply
therewith shall be grounds for rescission of this license.
Service shall be made available to all inhabitants
of the Borough of Chambersburg who may desire such service, except
in any areas which may not be economically served because of the refusal
of the licensor to permit the erection of poles or distribution facilities
upon certain street or alleys, and failure to render such service
shall be grounds for rescission of this license.
[Amended 9-12-1966 by Ord. No. 66-33]
The rights hereby given shall not be assignable
by the licensee without the specific consent of the licensor, which
consent shall be given only by ordinance properly adopted, and in
the event of transfer of ownership and control of the licensee by
transfer of more than 50% of the outstanding stock of the licensee
or by the transfer of the physical assets of the licensee, the specific
consent of the licensor to such transfer shall be obtained or the
permission or license granted is rescinded and of no further force
and effect.
The rights hereby given shall be effective only
to the extent the licensor has the legal authority and right to do
so, and it shall be the responsibility of the licensee to obtain any
necessary consents from any other public body or authority or from
the owners of properties which may be required to exercise any of
the rights granted hereby.
