A.
All franchises granted pursuant to this chapter shall
be subject to the following provisions:
(1)
Any franchise granted hereunder shall be subject to
the right of the Township to revoke the franchise pursuant to this
chapter.
(2)
Subject to the provisions contained herein, any franchise
granted hereunder shall be subject to the right of the Township:
(a)
To repeal the same for misuse, nonuse or the
failure to substantially comply with the material provisions of this
chapter or the franchise agreement.
(b)
To require proper and adequate extension of
the plant and service and maintenance thereof at the highest practicable
standard of efficiency and to require extension of service to all
residents of the Township, as specified in the franchise agreement.
(c)
To establish reasonable standards of service
and quality of products and to prevent unjust discrimination in service
or rates.
(d)
To require continuous and uninterrupted service
to the public in accordance with the terms of the franchise throughout
the entire period thereof.
(e)
To adopt such other regulations of general applicability
as it shall find necessary in the exercise of its police powers.
(f)
To control and regulate the use of its streets,
alleys, bridges and public places and the space above and beneath
them. The franchisee may be required by the Township to permit joint
use of its poles and trenches located in the streets, alleys and public
places of the Township, by the Township and other utilities insofar
as such joint use may be reasonably practicable and upon payment of
reasonable rental therefor. The Township shall have the right to install
and maintain, free of charge, upon the poles, pipes and conduits of
franchisee, any wire and fixtures desired by the Township to the extent
that such installation and maintenance does not interfere with existing
and future operations of franchisee; provided, however, that this
subsection does not grant the Township the authority to utilize the
franchisee's fiber or cable transmission capacity.
(g)
Through its appropriately designated representatives,
to inspect all construction or installation work performed subject
to the provisions of the franchise and this chapter and make such
inspections as it shall find necessary to ensure compliance with the
terms of the franchise, this chapter and other pertinent provisions
of law.
(h)
Through its appropriately designated representatives,
to inspect the books, records, maps, plans, income tax returns and
other like materials of the franchisee to the extent necessary to
ensure compliance with this chapter and the franchise agreement upon
reasonable, but in no event less than 15 days' notice and at any time
during normal business hours.
(i)
At the expiration of the term for which this
franchise is granted or after its termination and cancellation, as
provided for herein, subject to applicable law, to have the right,
subject to the provisions of federal law, to determine whether the
franchisee shall continue to operate and maintain the cable system
pending the decision of the Township as to the future maintenance
and operation of such system.
(j)
At the expiration of the term for which this
franchise is granted or upon the termination and cancellation as provided
herein, to require the franchisee to remove, at its own expense, any
and all portions of the cable system from the public ways within the
Township.
B.
Federal, state and Township jurisdiction.
(1)
This chapter shall be construed in a manner consistent
with all applicable federal and state laws.
(2)
In the event that the state or federal government
discontinue preemption in any area of cable television over which
it currently exercises jurisdiction in such a manner as to expand
rather than limit municipal regulatory authority, the Township may,
if is so elects, adopt rules and regulations in these areas to the
extent permitted by law and consistent with the Township's police
powers, provided such expansion of municipal regulatory authority
involves the Township's police powers. To the extent such expansion
of municipal regulatory authority does not involve the Township's
police powers, the Township must obtain the franchisee's consent to
any amendments to the terms and conditions of this chapter or the
franchise agreement.
(3)
This chapter shall apply to all franchises granted
or renewed at or subsequent to the effective date of this chapter.
(4)
Franchisee shall not be relieved of its obligation
to comply with any of the provisions of this chapter or any franchise
agreement granted pursuant to this chapter by reason of any failure
of the Township to enforce prompt compliance.
(5)
This chapter and any franchise agreement granted pursuant
to this chapter shall be construed and enforced in accordance with
the substantive laws of the Commonwealth of Pennsylvania.
A.
The applicant awarded a franchise by the Township
Board of Supervisors shall execute a franchise agreement, agreeing
to the terms and provisions of the franchise as negotiated between
the Township and the applicant. Failure of the selected applicant
to execute such an agreement within 45 days of the Township's final
approval of the negotiated agreement may be grounds for immediate
revocation of any rights the applicant may have in the franchise.
B.
In addition to those matters required elsewhere in
this chapter to be included in the franchise agreement, it must contain
the following express representations by the franchisee that:
(1)
It accepts and agrees to all of the provisions of
this chapter and any supplementary specification as to construction,
operation or maintenance of the system, which the Township may include
in the franchise agreement.
(2)
It has examined all of the provisions of this chapter
and agrees to the terms and conditions herein.
(3)
It recognizes the right of the Township to adopt such
additional regulations of general applicability as it shall find necessary
in the exercise of its police power.
C.
No franchise shall be exclusive.
D.
Every franchise shall specifically delineate the territorial
extent of the Township in which the franchise is authorized to operate.
E.
The franchise agreement shall contain such further
conditions or provisions as may be included in the request for proposal
and negotiated between the Township and the franchisee, except that
no such conditions or provisions shall be such as to conflict with
any provisions of this chapter or other law. In case of such conflict
or ambiguity between any terms or provisions of the franchise agreement
and this chapter, the words of this chapter shall control.
Each franchisee shall construct, install, operate and maintain its system in accordance with the highest standards of cable communications, taking into account the size and needs of the community as well as the costs and benefits to the residents. Each franchisee shall maintain it system facilities in an manner which will continue to enable it to add new services and associated equipment as they are developed, available and proven marketable to subscribers. The new services and associated equipment will be added to the system facilities when they are determined by franchisee and the Township to be technically reliable, economically feasible and adaptable to the system at a cost to the subscriber that is acceptable in areas of similar size and demographic. In the event the Township determines, in its sole discretion and based upon reasonable information, that the franchisee is not in compliance with this section, the Township may, at any time during the franchise, invoke the procedure in § 111-28G of this chapter.
A franchisee must provide access channels. If
there is more than one franchisee under this chapter, any new franchisee
must provide, at a minimum, the same number of access channels as
the initial franchisee is required to provide under the terms of its
franchise agreement.
The franchisee shall, without charge for installation,
maintenance or monthly service, provide one outlet of its basic cable
service at the Township Hall. Upon request, the franchisee shall install
basic cable service without charge for maintenance or monthly service
to the Township Recreation Center at a cost that is equal to the amount
by which the actual cost of such installation exceeds the cost the
franchisee would incur if installation were within 200 feet of the
franchisee's activated distribution plant. Upon the request of the
Township, franchisee shall also provide such service to other public
buildings in the Township, provided such other locations are within
125 feet of the franchisee's activated distribution plant and serviceable
through a standard aerial drop. Such installations shall be made at
such reasonable locations as shall be requested by the respective
units of government or educational institutions. Any charge for relocation
of such installations shall be in accordance with FCC regulations.
No monthly service charges shall be made for distribution of the franchisee's
signals within such publicly owned building, except as negotiated
and agreed upon by the Township and the franchisee. The Township shall
be prohibited from reselling, in any manner, the service provided
by the franchisee pursuant to this section.
Upon mutual agreement of the Township and franchisee,
the franchisee shall interconnect its cable system in the Township
with any or all other adjacent cable systems in the Township, surrounding
townships or county, as set out in the franchise agreement. Interconnection
of cable systems may be done by direct cable connection, microwave
link, satellite or other appropriate method. Upon reaching a mutual
agreement to interconnect, franchisee shall immediately initiate negotiations
with the other affected cable system or systems in order that all
costs may be shared equally among cable systems for both construction
and operation of the interconnection link. Franchisee shall be granted
reasonable extensions of time to interconnect. Franchisee shall cooperate
with any interconnection corporation, interconnection authority or
other county, state or federal regulatory agency which may be hereafter
established for the purpose of regulating financing as providing for
the interconnection of cable systems beyond the boundaries of the
Township.
A.
Franchisee shall not construct any cable system facilities
until franchisee has secured the necessary permits from the Township
or other cognizant public agencies.
B.
All of the franchisee's plant and equipment, including,
but not limited to, the antenna site, headend and distribution system,
towers, house connections, structures, poles, wire, cable, coaxial
cable, fiber optics, fixtures and appurtenances which serve the Township
shall be installed, located, erected, constructed, reconstructed,
replaced, removed, repaired and maintained and operated in accordance
with good engineering practices, performed by experienced pole line
construction crews and so as not to endanger or interfere with the
safety of any person or property or to interfere with improvements
the Township may deem proper to make, or to interfere in any manner
with the right of any property owner, or to unnecessarily hinder or
obstruct pedestrian or vehicular traffic on Township properties. Further,
all such plant and equipment and all construction shall meet all relevant
specifications of the Federal Communications Commission and other
applicable federal, state and local regulations.
C.
Any opening or obstruction in or disturbance of the
streets, public ways or other Township properties made by the franchisee
in the exercise of its rights under a franchise agreement shall be
done in compliance with Township ordinances which regulate work in
the public ways of the Township, except that any bond requirements
may be waived in cognizance of the bond requirements of this chapter.
D.
The Township shall require the franchisee to relocate
its existing cable line underground where both the telephone and electric
utilities have been or are scheduled to be installed underground.
In constructing and installing new plant where either telephone or
electric utilities have been or are scheduled to be installed underground,
franchisee must install the cable system underground. In the event
that funding is available for the reimbursement of expenses incurred
for such relocation, franchisee shall be reimbursed on the same terms
and conditions as utilities.
E.
The franchisee shall, at its expense, protect, support,
temporarily disconnect, relocate in the same street or other public
place or municipal property, or remove from the street or other public
place or municipal property, any property of franchisee when required
by the Township Board of Supervisors or its designee by reason of
traffic conditions, public safety, street excavation, freeway and
street construction, change or establishment of street grade, installation
of sewers, drains, water pipes, power lines, signal lines and tracks
or any other type of structures of improvements by public agencies.
In the event that funding is available for the reimbursement of expenses
incurred for such relocation or removal, franchisee shall be reimbursed
on the same terms and conditions as utilities.
F.
The franchisee shall, on the request of any private
party holding an appropriate permit issued by the Township, temporarily
raise or lower its lines to permit the moving of any building or other
structure and the actual expense of the same shall be paid in advance
by the party requesting the same.
G.
The franchisee shall have the right, with the prior
approval of the Township, to remove, trim, cut or keep clear of its
poles, wires or cables, the trees in and along the streets, alleys,
lanes and other public places of the Township, but in the exercise
of such right, the franchisee shall not cut or otherwise injure said
trees to any greater extent than is reasonably necessary for the continued
integrity of its poles, wires or cables.
H.
The franchisee, in exercise of any right granted to
it by the franchise, shall reconstruct, replace, restore or repair
any street, alley, lane or public place and any sewer, gas or water
main, pipe, electric, fire alarm or police communications, off or
on Township property or right-of-way or traffic control facility of
the Township which may be damaged or destroyed by the exercise of
any such right, to a condition as good as that prevailing before such
damage or destruction. The Township shall reserve the right to determine
whether the franchisee has properly complied with the provisions of
this subsection, and in the event it is determined in the Township's
reasonable judgment that the franchisee has failed to do so, the Township
shall have the right to carry out such provisions and the franchisee
shall, after notice and a reasonable opportunity to cure, reimburse
the Township in full for all reasonable costs incurred by the Township
in carrying out all or part of such provisions.
I.
Upon failure of the franchisee to commence, pursue
or complete any work required by law or by the provisions of this
chapter to be done in any street or other public place or municipal
property, within the time prescribed and to the satisfaction of the
Township Board of Supervisors or its designee may, at its option,
following reasonable notice and opportunity to cure to the franchisee,
cause such work to be done and the franchisee shall pay to the Township
the reasonable cost thereof in the itemized amounts reported by the
Township Board of Supervisors or its designee to the franchisee within
30 days after receipt of such itemized report.
A.
All construction practices will be in accordance with
all applicable sections of the Occupational Safety and Health Act
of 1970, as amended, as well as all other applicable local, state
and federal laws and regulations.
B.
Antennae and their supporting structures (towers)
shall be painted, lighted, erected and maintained in accordance with
all applicable rules and regulations of the Federal Aviation Administration
and all other local, state and federal laws and regulations.
C.
The franchisee shall at all times employ ordinary
care and shall install, maintain and use commonly accepted methods
and devices for preventing failures and accidents which are likely
to cause damage, injuries or nuisances to the public.
D.
The franchisee shall install and maintain its wires,
cables, fixtures and other equipment in accordance with the requirements
of the National Electrical Safety code of the Institute of Electrical
and Electronic Engineers, the National Electrical Code of the National
Fire Protection Association, the Bell System Code of Pole Line Construction
and applicable federal, state and local regulations.
Any damage caused to the property of building
owners or users or any other person by the franchisee's negligence
shall be repaired fully by the franchisee to a condition as good as
that prevailing before said damage.
Upon termination of service to any subscriber,
the franchisee shall promptly remove all its facilities and equipment
from the premises of such subscriber upon his or her request.
A.
Unless provided otherwise in the franchise agreement,
any franchise awarded under this chapter shall not be sold, transferred
or assigned, either by forced or involuntary sale or by voluntary
sale, merger, consolidation or otherwise, without the prior consent
of the Township Board of Supervisors expressed by resolution, which
consent shall not be unreasonably withheld and then only under such
reasonable conditions as may therein be prescribed. In addition, the
successor as approved by the Township Board of Supervisors shall comply
with the terms of this chapter with respect to filing acceptance bonds
and insurance and shall show that it is financially responsible. Any
such sale, transfer or assignment shall be made only by an instrument
in writing, a duly executed copy of which shall be filed in the office
of the Township Manager or Clerk within 30 days; provided, however,
the provisions of this subsection shall not apply to a transfer of
assets or stock in trust, controlled by or under the same common control
as the franchisee. The following events shall be deemed to be a sale,
assignment or other transfer of the franchise requiring compliance
with this section:
(1)
The sale, assignment or other transfer of this franchise.
(2)
The sale, assignment or other transfer of capital
stock or partnership membership or other equity interest in franchise
by one or more of its existing shareholders, partners, members or
other equity owners so as to create a new controlling interest in
franchise.
(3)
The issuance of additional capital stock or partnership,
membership or other equity interest by franchisee so as to create
a new controlling interest in franchisee.
(4)
The transfer of management or control of the franchisee
to an unrelated third party.
(5)
The
term "controlling interest" as used herein means majority equity ownership
of the franchisee.
B.
The franchisee and the Township must comply with applicable
provisions of the Cable Act regarding transfer of ownership and any
other state, federal or local laws which are applicable.
C.
The franchisee shall notify the Township, in writing,
of any foreclosure or any other judicial sale of all or a substantial
part of the franchisee's property, where such property is critical
to the operation of the cable system serving the Township. Such notification
shall be considered by the Township as notice that a change in control
or ownership of the franchise has taken place and the provisions of
this section governing the consent of the Township to such change
in control or ownership shall apply.
D.
For the purpose of determining whether it shall consent
to such a sale, assignment or transfer, the Township may inquire into
the qualifications of the prospective transferee or controlling party
and the franchisee shall assist the Township in any such inquiry.
In seeking the Township's consent to any change in ownership or control,
the franchisee shall have the responsibility of ensuring that the
transferee completes an application in form and substance reasonably
satisfactory to the Township, which application shall include the
information required under state and federal law. The transferee shall
be required to establish that it possesses the legal, technical and
financial qualifications to operate and maintain the system and comply
with all franchise requirements for the remainder of the term of the
franchise. If, after considering the legal, financial, character and
technical qualities of the applicant and determining that they are
satisfactory, the Township finds such transfer acceptable, the Township
shall transfer and assign the rights and obligations of said franchise.
E.
Any financial institution having a pledge of the franchisee
or its assets for the advancement of money for the construction and/or
operation of the franchise shall have the right to notify the Township
that it or its designee, satisfactory to the Township, shall take
control of and operate the cable television system, in the event of
a franchisee default in its financial obligations. Further said financial
institution shall also submit a plan for such operation within 30
days of assuming such control that will assure continued service and
compliance with all franchise requirements during the term the financial
institution exercises control over the system. The financial institution
shall not exercise control over the system for a period exceeding
one year unless extended by the Township in its discretion and during
said period of time it shall have the right to petition the Township
to transfer the franchise to another franchise.
A.
If subject to the provisions of the Cable Act a renewal
of a franchise is denied and the Township acquires ownership of the
cable system such acquisition shall be to the extent permitted by
local, federal and state law, upon payment to the franchisee of the
cable system's fair market value as a going-concern, exclusive of
any value allocated to the franchise itself.
B.
Subject to the provisions of the Cable Act, if a franchise
is revoked for cause and the Township acquires ownership of the cable
system, such acquisition shall be, to the extent permitted by local,
federal and State law, upon payment of a equitable price.
A.
Franchisee shall design, construct and maintain the
cable television system to have the capability to pass every dwelling
unit in the service area, subject to any line extension requirements
of the franchise agreement.
B.
After service has been established by activating trunk
and/or distribution cables for any part of the service area, franchisee
shall provide cable service to any requesting subscriber within that
service area within 30 days from the date of request, provided that
the franchisee is able to secure all private easements necessary to
extend service to such subscriber within such thirty-day period on
reasonable terms and conditions. Franchisee shall negotiate for such
easements in good faith and notify the Township within 20 days after
the request if franchisee is unable to secure necessary easements.
Any franchise granted shall be nonexclusive.
The Township specifically reserves the right to grant, at any time,
such additional franchises for a cable television system or any component
thereof, as it deems appropriate, subject to applicable state and
federal law; provided, however, that the terms and conditions of any
such additional franchises shall be no less burdensome nor more favorable
than those contained in any franchise previously granted pursuant
to this chapter.
A.
The Township may grant one or more franchises for
a service area. The Township may, in its sole discretion, limit the
number of franchises granted based upon, but not necessarily limited
to, the requirements of applicable laws and specific considerations,
such as:
(1)
The capacity of the public rights-of-way to accommodate
multiple coaxial cables in addition to the cables, conduits and pipes
of the utility systems, such as electrical, power, telephone, gas
and sewerage.
(2)
The impact on the community of having multiple franchises.
(3)
The disadvantages that may result from cable system
competition, such as the requirement for multiple pedestals on residents
property and a disruption arising from numerous excavations of the
rights-of-way.
(4)
The legal, technical and financial capabilities of
the applicant and its guaranteed commitment to make the necessary
investment to erect, maintain and operate the proposed system for
the duration of the franchise term.
B.
Each franchisee awarded a franchise to serve the entire
Township shall offer service to all residences in the Township, in
accordance with the line extension requirements set forth in Article
3, § 1, of the franchise agreement, construction and service
schedules mutually agreed upon between the Township and the franchisee
and consistent with applicable law.
Franchise renewal shall be in accordance with
applicable law, including, but not limited to, the Cable Act. The
Township and the franchisee, by mutual consent, may enter into renewal
negotiations at any time during the term of the franchise. The Township
reserves any rights it may have to be compensated for funds expended
as a result of the franchise renewal process, as allowed by local,
state and federal laws. The preceding statement does not constitute
any agreement by an applicant to reimburse the Township for such costs.
Franchisee reserves any rights it may have under local, state and
federal laws. Neither adoption of this franchise by the Township nor
acceptance by the franchisee shall be construed as a waiver, modification,
termination or discharge of any right that either the Township or
franchisee may now or hereafter have.
The franchisee shall not oppose intervention
by the Township in any suit or proceeding to which the franchisee
is a party that may affect franchisee's operations in the Township
pursuant to the franchise agreement.
The franchisee shall not deny service, deny
access or otherwise discriminate against subscribers, channel users
or general services on the basis of race, color, religion, national
origin or sex. The franchisee shall comply at all times with applicable
equal employment opportunity requirements and all other applicable
federal, state and local laws and regulations and all executive and
administrative orders relating to nondiscrimination.
A.
Notice to subscriber.
(1)
At the time of entering into an agreement to provide
any cable service or other service to a subscriber and at least once
a year thereafter, franchisee shall provide notice in the form of
a separate, written statement to such subscriber which clearly and
conspicuously informs the subscriber of:
(a)
The nature of personally identifiable information
collected or to be collected with respect to the subscriber and the
nature of the use of such information.
(b)
The nature, frequency and purpose of any disclosure
which may be made of such information, including an identification
of the types of persons to whom the disclosure may be made.
(c)
The period during which such information will
be maintained by franchisee.
(d)
The times and place at which the subscriber may have access to such information in accordance with Subsection D.
(e)
The limitations provided by this section with
respect to the collection and disclosure of information by franchisee
and the right of the subscriber to enforce such limitations.
(2)
For purposes of this section:
(a)
The term "personally identifiable information"
does not include any record of aggregate data which does not identify
particular persons.
(b)
The term "other service" includes any wire or
radio communications service provided using any of the facilities
of franchisee that are used in the provision of cable service.
B.
C.
Disclosure of personally identifiable information.
(1)
Except as provided in Subsection C(2) below, franchisee shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or franchisee.
(2)
Franchisee may disclose such information if the disclosure
is:
(a)
Necessary to render or conduct a legitimate
business activity related to a cable service or other service provided
by the franchisee to the subscriber.
(b)
Made pursuant to a court order authorizing such
disclosure, if the subscriber is notified of such order by the person
to whom the order is directed.
D.
A cable subscriber shall be provided access to all
personally identifiable information regarding that subscriber which
is collected and maintained by franchisee. Such information shall
be made available to the subscriber at reasonable times and at a convenient
place designated by franchisee. A cable subscriber shall be provided
reasonable opportunity to correct any error in such information.
The franchisee or applicant for franchise shall
diligently apply for all necessary permits and authorizations required
in the conduct of its business and shall diligently pursue the acquisition
thereof, including necessary pole attachment contracts and necessary
authorizations from the Federal Aviation Administration to construct
such receiving antenna towers as may be required and any necessary
authorizations or waivers from the Federal Communications Commission,
and when any such permit, authorization, contract or waiver is obtained
pertaining to this franchise a copy thereof shall be promptly filed
by the franchisee with the Township Board of Supervisors. After the
franchisee has diligently pursued the acquisition of necessary pole
attachment contracts, or other necessary easements, and where such
necessary contracts have not been entered or easements obtained after
a reasonable period of time, the franchisee may submit the matter
to the Township Board of Supervisors and the Township Board of Supervisors
will thereupon provide assistance that may be necessary to arrive
at a solution so that scheduled construction of the system will not
be impaired.
A.
Each franchisee shall file with the Township Board of Supervisors semiannual report of gross revenues certified as correct by the franchisee and prepared in a form acceptable to the Township. Each franchisee shall also allow the Township Board of Supervisors to audit all of its accounting and financial records applicable to its system serving the Township as necessary to verify the accuracy of franchise fee payments made to the Township, upon reasonable, but in no event less than 15 days, written notice, and at all times maintain complete and accurate books of account, records of its business and operations and all other records required by this chapter or the franchise. Such books and records shall be made available to the Township as set out in § 111-37 of this chapter.
B.
Each franchise shall file an annual report. Such report
shall be filed with the Township within 90 days of the end of each
calendar year and shall include:
(1)
An ownership report indicating all persons who at
any time during the preceding year did control or benefit from an
interest in the franchise of 5% or more. This requirement may be met
by providing a copy of the most recent SEC Form 10-K, filed by grantee,
if such filing is required to be made by grantee.
(2)
A copy of the annual notification to subscribers provided under § 111-36C(1)(a), if such notification is required by the FCC.
The field of cable communications is a relatively
new and rapidly changing one which may see many regulatory, technical,
financial, marketing and legal changes during the term of this franchise.
Therefore, to provide for a maximum degree of flexibility in this
franchise and to help achieve a continued advanced and modern system,
the following evaluation provisions will apply:
A.
The Township reserves the right to adopt rules and
regulations controlling the procedures set forth below and the subjects
for evaluation sessions, provided that such rules and regulations
do not conflict with the terms and conditions contained in this chapter
and/or the franchise agreement. In the absence of any Township action
taken to exercise these rights, franchisee shall be subject to at
least the procedures and subjects described in this section.
B.
The Township may require, at its sole discretion,
evaluation sessions at any time during the term of the franchise;
provided, however, there shall not be more than one evaluation every
three years. The Township must provide prior written notice to the
franchisee within 90 days prior to such evaluation sessions.
C.
Topics which may be discussed at any evaluation session
include, but are not limited to, regulated rates, channel capacity,
system performance, access, municipal uses of cable, subscriber complaints,
judicial rulings and/or FCC ruling which may affect franchisee's service
within the Township and any other topics the Township or franchisee
deem relevant related to the franchisee's operations within the Township.
D.
The Township may require franchisee to provide information
on new and innovative services and technologies which are offered
on other cable systems with 10,000 subscribers or less, which are
owned or operated by franchisee, its parent company or its affiliates
and are a part of the same operating division and in the same geographic
region as franchisee's cable system serving the Township.
E.
During an evaluation session, franchisee shall fully
cooperate with the Township and shall provide without cost such information
and documents as the Township may reasonable request to perform the
evaluation. To the extent such information or documents contain confidential
information, the franchisee shall not be required to disclose such
confidential information.
F.
Should an evaluation session reveal inadequacies which
result in a violation of a provision of this chapter, the franchise
agreement or the FCC's technical standards, at the direction of the
Township, the franchisee shall perform tests on the system and submit
to the Township a plan for implementing any changes or improvements
necessary to comply with FCC standards, this chapter and the franchise
agreement.
G.
As a result of an evaluation session, the Township
and franchisee may determine that a change in the terms of the franchise
should be required to meet the needs of the community, that the system
or franchise requirements should be updated, changed, revised or that
additional services should be provided and that to provide same would
be economically feasible. If the change is consistent with the terms
of this chapter, the needs of the Township, and is economically feasible
as determined by franchisee and the Township following an evaluation
of franchisee's financial condition, length of term remaining on the
franchise, economic waste, if any, that would occur should the terms
be changed and rate of return on the investment within the community,
the parties will in good faith, review the terms of the change and
any amendment to this chapter. In the event of disagreement, franchisee
shall present evidence that establishes that there is no reasonable
need for said services or technology in the community or it is not
economically feasible to provide the services or technology. Based
on this review and upon adoption of such a change or new requirement
through a mutually acceptable ordinance amendment, the change will
become effective.
In the event the franchisee shall be adjudicated,
bankrupt or placed in receivership or any foreclosure of any mortgage
or deed of trust upon its property shall be commenced, or any other
insolvency proceedings, either voluntary or involuntary, against the
franchisee shall be commenced, the Township Board of Supervisors may
terminate and in that event, all the rights, privileges and authority
of the franchisee shall immediately cease and terminate in accordance
with applicable law. In no event shall this franchise grant be considered
an asset of the bankrupt estate or receivership without the express
formal approval of the Township Board of Supervisors in advance.
Franchisee will comply with FCC regulations
as they pertain to emergency alert systems.
Upon franchisee request, the Township Board
of Supervisors may amend this chapter or the franchise whenever necessary
to enable the franchisee to take advantage of any developments in
the field of transmission of communication signals and upgrade the
system which will afford it an opportunity to more effectively, efficiently
or economically serve its customers, provided that this section shall
not be construed to require the Township to make any such amendment.
A.
Liability and indemnification. The franchisee shall
indemnify and hold harmless the Township at all times during the term
of the franchise granted hereby and specifically agrees that it shall
pay all damages and penalties which the Township may be legally required
to pay as a result of granting the franchise. Such damages and penalties
shall include, but are not limited to, damages arising out of copyright
infringements and all other damages arising out of the installation,
operation or maintenance of the cable system authorized herein, whether
or not any act or omission complained of is authorized, allowed or
prohibited by the franchise, except that a franchisee shall not be
liable for payment of damages and penalties arising from any acts
of omissions by the Township, its agents or employees. In case suit
shall be filed against the Township either independently or jointly
with the franchisee to recover for any claim or damages, the franchisee
upon notice to it by the Township shall defend the Township against
the action and, in the event of a final judgment being obtained against
the Township, either independently or jointly with the franchisee
solely by reason of the acts of the franchisee, the franchisee shall
pay said judgment and all costs and hold the Township harmless therefrom.
B.
Bonds. The Township may require the franchisee to
file with the Township Clerk, concurrently with its acceptance of
the franchise and at franchisee's sole expense, a corporate surety
bond or construction bond. Such bond shall be in an amount specified
in the franchise agreement, issued by a responsible company licensed
to do business in Pennsylvania and conditioned upon the faithful performance
of the franchisee to meet its construction obligations under this
chapter and the franchise. Upon successful completion of such construction
the bond shall be canceled.
C.
Insurance.
(1)
During the course of the franchise, the franchise
shall be required to maintain liability insurance with a company licensed
to do business in the Commonwealth of Pennsylvania with a rating by
Best of not less than "B+" to protect the Township and the franchisee
from and against any and all claims, injury or damage to persons or
property, both real and personal, caused by the construction, erection,
operation or maintenance of any aspect of the system. The amount of
insurance shall be specified in the franchise agreement.
(2)
Worker's compensation insurance shall also be provided
as required by the laws of the state.
(3)
All such insurance coverage shall provide, at a minimum,
a ten-day notice to the Township Manager in the event of material
alteration or cancellation of any coverage afforded in said policies
prior to the date said material alteration or cancellation shall become
effective.
(4)
Nonwaiver. Neither the provisions of this section,
nor any bonds accepted by the Township pursuant thereto, nor any damages
recovered by the Township thereunder shall be construed to excuse
unfaithful performance by the franchisee or limit the liability of
the franchisee under this chapter or the franchise for damages, either
to the full amount of the bond or otherwise.
A.
The technical standards for operation of the system
shall, in addition to meeting the requirements specified in this chapter,
conform to all further requirements specified in the franchise agreement
and any other standards or codes therefor as may be adopted by the
Township Board of Supervisors.
B.
The franchisee shall:
(1)
Operate its cable system in a manner consistent with
all applicable technical standards established by the Federal Communications
Commission.
(2)
Limit failures to a minimum by locating and begin
correcting service malfunctions properly, but in no event longer than
24 business hours after notification. For the purpose of this subsection,
service malfunctions shall not include acts of God or minor malfunctions
that are not related to franchisees operations of the cable system.
(3)
Notify subscribers affected 24 hours prior to any
planned interruption of service which may result in loss of service
for a period of one hour or greater.
(4)
Demonstrate upon request, by instruments and otherwise,
to subscribers that a signal of adequate strength and quality is being
delivered.
A.
It shall be the right of all subscribers to continue
receiving services insofar as their financial and other obligations
to the franchisee are honored. In the event that the franchisee elects
to rebuild, modify or sell the system, or the Township give notice
of intent to terminate or fails to renew this franchise, the franchisee
shall act so as to ensure that all subscribers receive continuous
uninterrupted service.
B.
In the event of a change of the franchisee, or in
the event a new operator acquires the system, the franchisee shall
cooperate with the Township's new franchise or operator in maintaining
continuity of service to all subscribers. During such period, franchisee
shall be entitled to the revenues for any period during which it operates
the system and shall be entitled to reasonable cost for its services
when it no longer operates the system.
C.
In the event the franchisee fails to operate the system
for seven consecutive days without approval of the Township and without
just cause, the Township may, at its option, operate the system or
designate an operator until such time as the franchisee restores service
under conditions acceptable to operator is selected. If the Township
is required to fulfill this obligation for the franchisee, the franchisee
shall reimburse the Township for all reasonable cost or damages in
excess of revenue from the system received by the Township that are
a result of the franchisee's failure to perform.
D.
Franchisee shall not allow its cable or other operations
to interfere with the television reception of persons not served by
franchisee, nor shall the system interfere with, obstruct or hinder
in any manner, the operation of the various utilities serving the
residents of the Township, as the facilities of such utilities exist
at the time of construction or extension of franchisee's system.
A.
The Township Manager is specified by the Township
as having primary responsibility for the continuing administration
of the franchise and implementation of complaint procedures.
B.
The franchisee shall establish procedures for receiving,
acting upon and resolving subscriber complaints. The franchisee shall
furnish a notice of such procedures to each subscriber at the time
of initial subscription to the system.
C.
In the event that a customer complaint is not resolved
to the mutual satisfaction of the customer and the franchisee, the
customer of the franchisee may request that the matter be presented
to the Township Board of Supervisors for a hearing and resolution.
D.
Upon request, the franchisee shall provide to the
Township reports summarizing service calls, indicating the nature
of complaints by category.
E.
Every three years after the effective date of a franchisee's
franchise agreement, the Township may request franchisee to conduct
and administer a random survey of Township subscribers at the expense
of the franchisee. Each questionnaire shall be prepared by the franchisee
and shall be conducted in good faith so as to provide reasonably reliable
measures of subscriber satisfaction with:
F.
The survey shall be conducted in conformity with such
requirements, including supervision and review of returned surveys,
as the Township and franchisee agree. Franchisee, at its option, may
satisfy this requirement through a telephone survey conducted by an
independent person in the business of regularly conducting telephone
surveys or by inserting the survey instrument in the regular monthly
subscriber invoices. Any written survey shall be printed on a postcard
provided by the Township at its expense. The survey postcard shall
be an appropriate size or weight to allow insertion on monthly invoice
without requiring additional postage expense.
G.
Franchisee shall provide the Township with the results
of the survey and shall report, in writing, any steps franchisee plans
to take in response to the findings of the survey, such as correcting
problems and expanding services.
I.
In addition to its normal business hours, the franchisee
shall provide a drop box in order to receive customer payments outside
normal business hours.
J.
Reports and tests required by FCC.
(1)
The franchisee shall submit to the Township all reports
and the results of all tests required by the FCC and certification
that the system is in compliance with FCC technical standards at the
time that any such reports and/or tests results are submitted to the
FCC. In the event that the franchisee's system is not in compliance
with FCC standards, the Board of Supervisors shall have the right
and authority to compel the franchisee to test, analyze and report
on the performance of the system. Such report shall be delivered to
the Board of Supervisors no later than 45 days after the Board of
Supervisors formally notifies franchisee and shall include the following
information:
(2)
Said test and analysis shall be supervised by an engineer
having proper training and experience. The aforesaid engineer shall
sign all records of the special test and forward to the Board of Supervisors
such records with a report interpreting results of the test and recommending
actions to be taken by the franchisee. The franchisee shall pay all
costs that the Township incurs with respect to such tests, to the
extent the franchisee is not in compliance, has not certified compliance
or is not diligently pursuing such compliance within 45 days of the
Board of Supervisor's notice.
A.
Cable system office hours and telephone availability.
(1)
Franchisee will maintain a local, toll-free or collect
call telephone access line which will be available to its subscribers
24 hours a day, seven days a week.
(a)
Trained franchisee representatives will be available
to respond to customer telephone inquiries during normal business
hours.
(b)
After normal business hours, the access line
may be answered by a service or an automated response system, including
an answering machine. Inquiries received after normal business hours
must be responded to by a trained franchisee representative on the
next business day.
(2)
Under normal operating conditions, telephone answer
time by a customer representative, including wait time, shall not
exceed 30 seconds when the connection is made. If the call needs to
be transferred, transfer time shall not exceed 30 seconds. These standards
shall be met no less than 90% of the time under normal operating conditions,
measured on a quarterly basis.
(3)
The franchisee will not be required to acquire equipment
or perform surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates
a clear failure to comply.
(4)
Under normal operating conditions, the customer will
receive a busy signal less than 3% of the time.
(5)
Customer service center and bill payment locations
will be open at least during normal business hours and will be conveniently
located.
B.
Installations, outages and service calls. Under normal
operating conditions, each of the following four standards will be
met no less than 95% of the time measured on a quarterly basis:
(1)
Standard installations will be performed within seven
business days after an order has been placed. "Standard installations"
are those that are located up to 125 feet from the existing distribution
system.
(2)
Excluding conditions beyond the control of franchisee,
franchisee's representatives will be available to begin working on
service interruptions within 24 hours, upon telephone request.
(3)
The appointment window for installations, service
calls and other installation activities will be within a four-hour
time block during normal business hours. The franchisee may schedule
service calls and other installation activities outside of normal
business hours for the express convenience of the customer.
(4)
Franchisee may not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
(5)
If franchisee's representative is running late for
an appointment with a customer and will not be able to keep the appointment
as scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time which is convenient for the
customer.
C.
Communications between franchisee and cable subscriber.
(1)
Notification to subscribers.
(a)
The franchisee shall provide written information
on each of the following areas at the time of installation of service,
at least annually to all subscribers and at any time upon request:
[1]
Products and services offered.
[2]
Prices and options for programming services
and conditions of subscription to programming and other services.
[3]
Installation and service maintenance policies.
[4]
Instruction on how to use the cable service.
[5]
Channel positions programming carried on the
system.
[6]
Billing and complaint procedures, including
the address and telephone number of the Township's cable office.
(b)
Customers will be notified of any changes in
rates, programming services or channel positions consistent with the
requirements of federal law or regulation.
(2)
Billing.
(a)
Bills will be clear, concise and understandable.
Bills must be fully itemized, with itemizations, including, but not
limited to, basic and premium service charges and equipment charges.
Bills will also clearly delineate all activity during the billing
period, including optional charges, rebates and credits.
(b)
In case of a billing dispute, the franchisee
must respond to a written complaint from a subscriber within 30 days.
(4)
Credits for service will be issued no later than the
customer's next billing cycle following the determination that a credit
is warranted.
A.
Franchisee shall at all times maintain a full and
complete set of plans, records and as-built maps showing the location
of the cable television system installed or in use in the Township,
exclusive of subscriber service drops and equipment provided in subscriber's
homes.
B.
Upon reasonable, but not less than 15 days, written
notice, and during normal business hours, franchisee shall permit
examination by any duly authorized representative of the Township,
of all system property and facilities and all records relating to
the franchise, provided they are necessary to ascertain the franchisee's
compliance with this chapter and the franchise agreement. Such records
include all books, records, maps, plans, financial statements, service
complaint logs, performance test results, records of request for service
and other like materials of franchisee. Franchisee shall have the
right to be present at any such examination.
C.
If any of the records described in the previous subsection
are proprietary in nature or must be kept confidential by state, federal
or local law, upon proper request by franchisee, such information
obtained during such an inspection shall be treated as confidential,
making it available only to those persons who must have access to
perform their duties on behalf of the Township, including, but not
limited to, the Division of Finances, the Law Department and Council
members. To the extent any federal requirement for privacy applies
to the information to be submitted, said law shall control.
D.
The Township shall have the right to request copies
of any petitions, applications, communications and reports submitted
by franchisee or on its behalf to the Federal Communications Commission,
Securities and Exchange Commission or any other federal or state regulatory
commission or agency having jurisdiction with respect to any matters
affecting the cable system authorized pursuant to this chapter and
any franchise, as such documents relate to franchisee's operation
of its system under the franchise. Copies of responses from the regulatory
agencies to franchisee shall likewise be furnished to the Township
upon request.
A.
In the event that the use of any property of franchisee
within the franchise area or a portion thereof is discontinued for
a continuous period of 12 months, franchisee shall be deemed to have
abandoned that franchise property, unless such discontinuation is
due to an act of God or unless Township agrees to such discontinuation.
B.
The Township, upon such terms as the Township may
impose, may give franchisee permission to abandon, without removing,
any system facility or equipment laid, directly constructed, operated
or maintained under the franchise. Unless such permission is granted
or unless otherwise provided in this chapter, the franchisee shall
remove all abandoned aboveground facilities and equipment upon receipt
of written notice from Township and shall restore any affected street
to its former state at the time such facilities and equipment were
installed, so as not to impair its usefulness. In removing its plant,
structures and equipment, franchisee shall refill, at its own expense,
any excavation that shall be made by it and shall leave all public
ways and places in as good condition as that prevailing prior to such
removal without materially interfering with any electrical or telephone
cable or other utility wires, poles or attachments. The Township shall
have the right to inspect and approve the condition of the public
ways, public places, cables, wires, attachments and poles prior to
and after removal. The liability, indemnity and insurance provisions
of this chapter and the security fund as provided herein shall continue
in full force and effect during the period of removal and until full
compliance by franchisee with the terms and conditions of this section.
C.
Upon abandonment of any franchise property in place,
the franchisee, if required by the Township, shall submit to the Township
an instrument, satisfactory in form to the Township, transferring
to the Township the ownership of the franchise property abandoned.
D.
At the expiration of the term for which the franchise
is granted, or upon its revocation or earlier expiration, as provided
for herein, in any such case without renewal, extension or transfer,
the Township shall have the right to require franchisee to remove,
at its own expense, all aboveground portions of the cable television
system from all streets and public ways within the Township within
a reasonable time, which shall not be less than 180 days.
E.
Notwithstanding anything to the contrary set forth
in this chapter, the franchisee may abandon any underground franchise
property in place so long as it does not materially interfere with
the use of the street or public rights-of-way in which such property
is located or with the use thereof by any public utility or other
cable franchisee.
A.
In addition to any rights specifically reserved to
the Township by this chapter, the Township reserves to itself every
right and power which is required to be reserved by a provision of
any ordinance or under the franchise.
B.
The Township shall have the right to waive any provision
of the franchise, except those required by federal or state regulation,
if the Township determines that it is in the public interest to do
so and that the enforcement of such provision will impose an undue
hardship on the franchisee or the subscribers. To be effective, such
waiver shall be evidenced by a statement in writing signed by a duly
authorized representative of the Township. Waiver of any provision
in one instance shall not be deemed a waiver of such provision subsequent
to such instance nor be deemed a waiver of any other provision of
the franchise unless that statement so recites. In the event the Township
has granted multiple franchises and waives any provision of this chapter
with regard to one franchisee, the other franchisees can seek waiver
of the same provision and such waiver will be granted.
If any provision of this chapter is held by
any court or by any federal or state agency of competent jurisdiction,
to be invalid as conflicting with any federal or state law, rule or
regulation now or hereafter in effect or is held by such court or
agency to be modified in any way in order to conform to the requirements
of any such law, rule or regulation, such provision shall be considered
a separate, distinct and independent part of this chapter and such
holding shall not affect the validity and enforceability of all other
provisions hereof. In the event that such law, rule or regulations
is subsequently repealed, rescinded, amended or otherwise changed,
so that the provision hereof which had been held invalid or modified
is no longer in conflict with such law, rule or regulations, said
provision shall thereupon return to full force and effect and shall
thereafter be binding on the Township and franchisee, provided that
the Township shall give franchisee 30 days' written notice of such
change before requiring compliance with said provision or such longer
period of time as may be reasonably required for franchisee to comply
with such provision.
