The Township may grant one or more franchises,
and each such franchise shall be awarded in accordance with and subject
to the provisions of this chapter. This chapter may be amended from
time to time, and in no event shall this chapter be considered a contract
between the Township and a franchisee such that the Township would
be prohibited from amending any provision hereof. No such amendment
shall be applied retroactively to materially impair preexisting contractual
agreements entered into between the Township and a franchisee.
No person may construct or operate a broadband
system over, on, or under public streets in the Township without a
franchise granted by the Township unless otherwise authorized by law,
and no person may be granted a franchise without having entered into
a franchise agreement with the Township pursuant to this chapter.
After the effective date of this chapter, any
person who occupies Township streets or public rights-of-way for the
purpose of operating or constructing a broadband system and who does
not hold a valid franchise from the Township shall be subject to all
provisions of this chapter, including but not limited to its provisions
regarding construction and technical standards and franchise fees.
In its discretion, the Township at any time may require such person
to enter into a franchise agreement within 30 days of receipt of a
written notice by the Township that a franchise agreement is required;
and/or require such person to remove its property and restore the
area to a condition satisfactory to the Township within such time
period; and/or remove the property itself and restore the area to
a satisfactory condition and charge the person the costs therefor.
In no event shall a franchise be created unless it is issued by action
of the Township and subject to a franchise agreement.
Nothing in this chapter or the franchise shall
limit any right the Township may have to acquire by eminent domain
or otherwise any property of a franchisee.