A.
For the purposes of this chapter, the following terms,
phrases, words and abbreviations shall have the meanings given herein,
unless otherwise expressly stated.
B.
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; and the masculine gender includes the feminine
gender. The words "shall" and "will" are mandatory and "may" is permissive.
C.
Unless otherwise expressly stated, words not defined herein shall be given the meanings set forth in Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 U.S.C. § 521 et seq., as amended and, if not defined therein, their common and ordinary meanings.
D.
ACCESS CHANNEL (PUBLIC, EDUCATIONAL AND GOVERNMENT - PEG)
AFFILIATE
BASIC SERVICE
BOARD
CABLE ACT
CABLE SERVICE OR SERVICE
CABLE SYSTEM or SYSTEM
(1)
(2)
(3)
(4)
(5)
EDUCATIONAL ACCESS CHANNEL
FCC
FRANCHISE
FRANCHISE AGREEMENT
FRANCHISE AREA
FRANCHISEE
GOVERNMENTAL ACCESS CHANNEL
GROSS ANNUAL REVENUES
NONCABLE SERVICES
NONCOMMERCIAL
PAY TELEVISION
PERSON
PUBLIC ACCESS CHANNEL
PUBLIC RIGHT-OF-WAY
SALE
SERVICE TIER
STREET
SUBSCRIBER
SYSTEM FACILITIES or FACILITIES
TOWNSHIP
TRANSFER
(1)
(2)
USER
As used in this chapter, the following terms shall
have the meanings indicated:
Any channel on a cable system set aside by the franchisee
for public, educational and/or governmental use.
Any person who owns or controls, is owned or controlled by
or is under common ownership or control with the franchisee.
Any service tier that includes the retransmission of local
television broadcast signals.
The Board of Commissioners of Springfield Township.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as amended from time to time, including the amendment known
as Cable Television Consumer Protection and Competition Act of 1992,
Public Law 102-385.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable television service which includes
video programming and which is provided to multiple subscribers within
the township, but such term does not include:
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
A facility that serves only subscribers in one
or more multiple-unit dwellings under common ownership, control or
management, unless such facility or facilities is covered within the
terms and regulations of the Cable Act;
A facility of a common carrier which is subject
in whole or in part to the provisions of Title II of the Cable Act,
except that such facility shall be considered a "cable system" to
the extent such facility is used in the transmission of video programming,
whether on a common carrier or noncommon carrier basis, directly to
subscribers;
Any facilities of any electric utility (not
in communications spaces) used solely for operating its electric utility
systems; or
A facility which provides noncable services
(other than those for public, educational and governmental use).
Any channel on a cable system set aside by the franchisee
for noncommercial educational use.
The Federal Communications Commission, its designee or any
successor governmental entity thereto.
The nonexclusive rights granted in accordance with this chapter
to construct, operate and maintain a cable system along the public
rights-of-way within all or a specified area of the township. Any
such authorization, in whatever form granted, shall not mean or include
any license or permit required for the privilege of transacting and
carrying on a business within the township as required by the ordinances
and laws of the township or for attaching devices to poles or other
structures, whether owned by the township or a private entity, or
for excavating or performing other work in or along public rights-of-way.
Unless specifically set forth therein, the "franchise" shall not authorize
the franchisee to provide noncable services, except those for public,
educational and governmental use.
A contract entered into in accordance with the provisions
of this chapter between the township and a franchisee that sets forth,
subject to this chapter, the terms and conditions under which the
franchise will be exercised.
The area of the township that the franchisee is authorized
to serve by its franchise agreement.
The natural person(s), partnership(s), domestic or foreign
corporation(s), association(s), joint venture(s) or organization(s)
of any kind which have been granted a cable television franchise by
the township.
Any channel on a cable system set aside by the franchisee
for noncommercial government access use.
Any and all cash, credits, property or other considerations
of any kind or nature received annually, directly or indirectly, by
the franchisee, its affiliates or any person in which the franchisee
has a financial interest or by any other entity that is a cable operator
of the system arising from, attributable to or in any way derived
from the operation of the franchisee's cable system, including the
studios and other facilities associated therewith. "Gross annual revenues"
include, but are not limited to, monthly fees charged subscribers
for any basic, optional, premium, per-channel or per-program service,
installation, disconnection, reconnection and change-in-service fees;
leased channel fees; late fees and administrative fees; fees, payments
or other consideration received from programmers for carriage of programming
on the system; revenues from converter rentals or sales; studio rental,
production equipment and personnel fees; advertising revenues; barter;
and revenues from home shopping and bank-at-home channels (excluding
reimbursement of specific expenses actually incurred, such as shared
advertising expenses, and excluding revenues from program guides).
"Gross annual revenues" shall be the basis for computing the franchise
fee under this chapter. "Gross annual revenues" shall not include
any taxes on services furnished by the franchisee which are imposed
directly on any subscriber or user by the state, township or other
governmental unit and which are collected by the franchisee on behalf
of said governmental unit.
Springfield Township has not granted authority for the provision
of "noncable services" except public, educational and governmental
uses. The township may grant authority for the provision of "noncable
services" on whatever terms and conditions the township reasonably
determines are appropriate in the circumstances, if authorized by
federal and state law. If the franchisee is required to secure a franchise
agreement from the township for the provision of noncable services,
then in such circumstances, if authorized by state and federal law,
the township shall have the right to assess franchise fees.
Refers to programming the primary purpose of which is not
to propose a sale or barter of a commercial product or service. The
term expressly does not refer to programming the cost of which is
underwritten by one or more commercial or noncommercial programmers,
even where the underwriting is acknowledged as part of the program.
A cable service that is sold on a per-channel or per-program
basis.
An individual, partnership, association, joint-stock company,
organization, corporation or any lawful successor thereto or transferee
thereof.
Any channel on a cable system set aside by the franchisee
for noncommercial use by the general public or noncommercial organizations
and which is available for such use on a nondiscriminatory basis.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway,
easement or similar property in which the township now or hereafter
holds any property interest which, consistent with the purposes for
which it was dedicated, may be used for the purpose of installing
and maintaining a cable system. No reference herein or in any franchise
agreement to a "public right-of-way" shall be deemed to be a representation
or guarantee by the township that its interest or other right to control
the use of such property is sufficient to permit its use for such
purposes, and a franchisee shall be deemed to gain only those rights
to use as are properly in the township and as the township may have
the undisputed right and power to give. The grantee is also authorized
to utilize public rights-of-way and easements within the township
that have been dedicated for compatible uses, as provided for in Section
621(a)(2) of the Cable Communications Policy Act.
Any sale, exchange or barter transaction.
A category of cable service provided by the franchisee and
for which a separate charge is made by the franchisee.
The surface of and the space above or below any public street,
public roadway, public highway, public freeway, public lane, public
way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or public right-of-way
now or hereafter held by the township which shall entitle the franchisee
to the use thereof for the purposes of installing over poles such
wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments and other property as may be ordinarily necessary
and appurtenant to the operation of the system.
Any person who legally receives cable service and/or noncable
services, whether or not a fee is paid for such service, to the extent
that the franchisee is authorized to provide noncable services.
Cable system equipment used by the franchisee to provide
service in the franchise area.
The Township of Springfield, Montgomery County, Pennsylvania,
as represented by the Board.
Any transaction in which:
An ownership or other interest in a franchisee,
its cable system or any person that is a cable operator of the cable
system is transferred from one person or group of persons to another
person or group of persons so that control of the franchisee is transferred;
or
The rights and/or obligations held by the franchisee
under a franchise agreement are transferred or assigned to another
person or group of persons. "Control," for these purposes, means working
control, in whatever manner exercised. The addition, deletion or other
change of any general partner of the franchisee, any person who owns
or controls the franchisee or a cable operator of the cable system
is such a change of control. For purposes of this definition, no transfer
shall occur when the franchise is transferred or sold to a company
in which more than 51% of the stock or partnership interest is and
continues to be owned by John J. Rigas or any member of his immediate
family or when the assets or stock of the company are transferred
to a financial institution as security for refinancing purposes.
A person or organization utilizing a channel or equipment
and facilities for purposes of producing and/or transmitting material,
as contrasted with the receipt thereof in the capacity of a subscriber.
