A.
The Township of White, pursuant to the applicable
federal and state law, is authorized to grant one or more nonexclusive
franchises to construct, operate, maintain and reconstruct cable television
systems within the Township limits.[1]
[1]
Editor's Note: Ordinance No. 1040, adopted 1-12-2011, granting
a renewal of the franchise with Comcast, along with the franchise
agreement, is on file and available for inspection in the Township
office.
B.
The Board of Supervisors of the Township of White
finds that the development of cable television systems has the potential
of having great benefit and impact upon the residents of White Township.
Because of the complex and rapidly changing technology associated
with cable television, the Township Board further finds that the public
convenience, safety and general welfare can best be served by establishing
regulatory powers which should be vested in the Township or such persons
the Township shall designate. It is the intent of this chapter and
subsequent amendments to provide for and specify the means to obtain
the best possible cable television service to the public and any franchises
issued pursuant to this chapter shall be deemed to include this finding
as an integral part thereof.
C.
This chapter shall be known as the "Cable Television
Ordinance."
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. Words used in the present tense, include the future,
words in the plural number, include the singular and words in the
singular number include the plural. All capitalized terms used in
the definition of any other term shall have their meaning as otherwise
defined in this section. The words "shall" and "will" are mandatory
and "may" is permissive. Words not defined shall be given their common
and ordinary meaning:
Those channels which, by the terms of this chapter or the
franchise agreement, are required to be kept available by the franchisee
for partial or total dedication to public access, educational access
or local government access.
That service tier which includes the retransmission of local
television broadcast signals and any PEG Access Channels, This definition
will be deemed to have changed consistent with any changes in the
definition of this term by federal law or regulations of the FCC.
The governing body or Board of Supervisors of the Township
of White, Pennsylvania.
The Cable Communications Policy Act of 1984, P.L. No. 98-549,
98 Stat. 2279 (1984) (codified at 47 U.S.C. §§ 521-611
(1982 and Sup. V. 1987), as amended by the Cable Television Consumer
Protection and Competition Act of 1992, P.L. No. 102-385 and the Telecommunications
Act of 1966, P.L. No. 104-104, 110 Stat, 56 and as may, from time
to time, be amended.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
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 subscribers without using any public right-of-way,
a facility of a common carrier which is subject, in whole or in part,
to the provisions of Subchapter II of the Cable Act, except that such
facility shall be considered a cable system (other than for purposes
of § 541(c) of the Cable Act), to the extent such facility
is used in the transmission of video programming directly to subscribers
or any facilities of any electric utility used solely for operating
its electric utility systems.
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
A portion of the electromagnetic spectrum which is capable
of carrying either one standard video signal, a number of audio, digital
or other nonvideo signals, or some combination of such signals.
The Federal Communications Commission, its designee, or any
successor thereof.
An initial authorization or renewal thereof issued by the
Township, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of the cable system.
Franchise shall include both the franchise granted pursuant to this
chapter and the franchise agreement, or granting ordinance, and all
rights, powers and privileges thereunder.
The separate agreement or granting ordinance by which the
franchise is granted to the franchisee as required by this chapter.
All persons having any rights, powers, privileges, duties,
liabilities or obligations under this chapter and the franchise agreement
(herein collectively the "franchise").
The Township of White, as represented by the Board of Supervisors
of the Township of White or any delegate acting within the scope of
its jurisdiction.
All revenues received by the franchisee from or attributable
to the sale of cable service, including, but not limited to, subscriber
revenues (including pay-per-view), advertising income and any and
all other gross revenues received by the franchisee from the operation
of its cable system in the Township of White, to the extent such revenues
may be subject to franchise fees under federal or state law or regulation.
The area of the Township which will receive cable service
initially, as set forth in any franchise agreement.
The act of connecting the system from the feeder cable to
the subscriber terminal so that the cable service may be received
by the subscriber.
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, "normal business hours"
must include some evening hours at least one night per week and/or
some weekend hours.
Those service conditions which are within the control of
the franchisee. Those conditions which are not within the control
of the franchisee include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the franchisee include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods and maintenance or upgrade of the
system.
An arrangement under which a separate charge is made to a
subscriber for receiving a particular television program, such as
a movie or an event.
Any natural person or any association, firm, individual,
partnership, joint stock company, joint venture, corporation or other
legally recognized entity, public or private, whether for profit or
not for profit.
The entire geographic area within this Township as it is
now constituted or may in the future be constituted, unless otherwise
specified in the franchise agreement.
The loss of picture or sound on one or more cable channels.
A person or organization whose premises are physically wired
to receive any transmission from the system.
The extension wiring from the franchisee's distribution lines
to a subscriber's building.
The process by which the system shall be upgraded initially
and additionally, any changes or modifications subsequently accomplished
by franchisee due to technological change.
The Township of White, Pennsylvania, and all territory within
its existing and future territorial corporate limits.
