[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 2-4-1965 by Ord. No. 222 (Ch. 9, Part 3, of the 1973 Code of
Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Cable Television
Ordinance of 1965."
The Borough of Kenhorst is hereby authorized to grant the right
and privilege to any person, persons, firms, corporations or other
business entities qualifying hereunder to construct, erect, operate
and maintain, in, upon, along, across, above, over and under the streets,
alleys, public ways, public places, now laid out or dedicated and
all extensions thereof or additions thereto in said Borough or such
portion thereof as the Borough Council shall determine, poles, wires,
cables, underground conduits, manholes and other television conductors
and fixtures necessary for the maintenance and operation in the Borough
of a cable television system. Said grant of the aforesaid right and
privilege shall be subject, nevertheless, to the following regulations
and conditions hereinafter imposed in this chapter and such other
regulations and conditions as may be imposed from time to time by
the Borough of Kenhorst by appropriate action:
A.
Nonexclusive grant. The right to use and occupy said streets, alleys,
public ways and public places for the purpose herein set forth shall
not be exclusive, and the Borough shall have the right to grant such
nonexclusive franchises to any other person, persons, firms, corporations
or other business entities qualifying hereunder at any time.
C.
State Highway Department permits. Before any conduits, pipes or other
structures be erected upon, under, or in any portion of any street
or road within the Borough under the control of, or subject to the
provisions of, the rules and regulations of the Pennsylvania Department
of Highways, the franchisee, at his, her, its, or their expense shall
obtain all requisite permits from the Pennsylvania Department of Highways
and shall comply with all the applicable rules and regulations of
the Pennsylvania Department of Highways.
D.
Easements and rights-of-way. Any permit issued hereunder by the Borough
shall be subject to the franchisee obtaining any and all necessary
easements, rights-of-way and other grants from any and all property
owners whose property may be affected or encroached upon by the construction,
operation and maintenance of the aforesaid cable television system
of the franchisee.
Any franchisee shall at all times during the term of any franchise
granted hereunder be subject to all of the laws of the United States
of America, the Commonwealth of Pennsylvania, and any and all of the
ordinances and regulations of the Borough of Kenhorst, now in effect,
and such as may be adopted or enacted from time to time hereafter,
and particularly be subject to the following conditions and regulations:
A.
Interference. Any system erected, operated and maintained by any
franchisee hereunder shall be so constructed of such materials that
it will absolutely prevent any interference on any television set,
radio, electrical appliance, and any other electronic device of any
resident or occupier of premises within the franchised area and, in
the event that there is any such interference, the franchisee shall
immediately, at its sole cost and expense, eliminate such interference.
If such interference cannot be eliminated within 48 hours, the Borough
shall have the power to suspend operation of any cable television
system franchisee within the Borough until such interference is eliminated.
B.
Intentional interference. Any franchisee hereunder shall not intentionally
cause the emanation of any electrical interference which has the property
or ability of interfering with any television set, radio, electrical
appliance or other electronic device, and in the event that any franchisee
hereunder shall intentionally cause said emanations, the franchise
granted to said franchisee shall be immediately revoked and terminated.
A.
Use. All transmission and distribution structures, lines and equipment
erected by the company within the Borough shall be so located as to
cause minimum interference with the reasonable use of the streets,
alleys and other public ways and places, and cause minimum interference
with the rights or reasonable convenience of property owners who adjoin
any of said streets, alleys or other public ways and places.
B.
Restoration. In case of any disturbance of pavement, sidewalk, driveway,
or other surfacing, the franchisee shall at its sole cost and expense
and in manner approved by the Borough Engineer, replace and restore
all paving, sidewalk, driveways or surface of any street or alley
disturbed in the same condition as before said work was commenced.
C.
Relocation. In the event that at any time during the period of any
franchise granted hereunder the Borough shall lawfully elect to alter
or change the grade of any street, alley, or other public way, the
company, upon reasonable notice by the Borough, shall at its sole
cost and expense, remove, relay, and relocate its poles, wires, cables,
underground conduits, manholes and other television fixtures.
D.
Placement of fixtures. Any franchisee hereunder shall, insofar as
it is reasonably possible, locate its wires, cables, conduits and
other conductors and fixtures on existing utility poles. Any franchisee
shall not place any poles or other fixtures where same will interfere
with any utility, and all such poles or other fixtures placed in said
street shall be placed in such location as shall have been previously
determined by the Borough Engineer.
Any franchise granted hereunder shall not be assignable except
upon the express authority of the Borough, duly noted upon the minutes
of the Borough Council by a resolution permitting said assignment
and finding that the assignee is qualified under the terms of this
chapter.
A.
Borough rules. The right is hereby reserved to the Borough to adopt
from time to time, in addition to the provisions herein contained
and such existing applicable ordinances, such additional rules and
regulations as the Borough shall deem necessary.
B.
Use of system by Borough. Borough shall have the right during the
term of any franchise to use, free of charge, where construction exists
within the Borough limits, the facilities of any franchisee for police
and fire alarm system.
C.
Use of system by school district or districts whose areas are included
within the Borough boundaries. The school district or districts whose
areas are included within the Borough boundaries shall have the right
during the term of any franchise to use, free of charge, where construction
exists within the Borough limits, the facilities of any franchisee
for educational purposes.
B.
Any franchisee shall make payments to the Borough of such fees on
or before the 31st day of January of each year, beginning with January
31, 1965, except as otherwise provided herein, and at time of payment
the franchisee shall accompany said payment with an audited statement
of its business operation for the year by a certified public accountant
certifying to the Borough that the gross receipts are as stated therein.
Franchisee shall at all times maintain proper and adequate records
of the gross receipts together with records pertaining to its financial
structure and a list of all its subscribers at an office within Berks
County which shall be available at all reasonable times to inspection
by the Borough or its duly designated agent.
Any franchise granted hereunder shall be for the term of one
year; conditioned, however, that said franchise permit is automatically
renewable each year upon the payment of the fees provided hereunder
and compliance with the terms and conditions herein imposed and that
the financial condition of the franchisee shall remain satisfactory
to the Borough. The term "financial condition" shall be interpreted
to mean that the franchisee's condition is such as it will permit
the franchise to perform all of its services to its subscribers.
Franchise permits may be obtained hereunder by any person or
persons or corporation of good repute and of good and sufficient financial
condition upon presentment to the Borough of the following:
A.
Name of the applicant;
B.
Address of the applicant;
C.
Evidence of financial condition of the applicant and in the event
of a corporation, names of principal stockholders and a financial
statement of the corporation duly certified by a certified public
accountant;
D.
Description of the area to be covered by the franchise;
E.
Schedule of proposed rates to be charged by the applicant for all
services to be rendered to subscriber, including but not limited to
installation charge, monthly fees, etc.;
F.
Application shall be made upon forms supplied by the Borough and
all information requested therein shall be submitted as requested.
A.
All fees charged by franchisee shall be fair, just, reasonable and
uniform and in accordance with the rate schedule submitted by the
applicant at time of application for franchise permit.
B.
Change in rates by any franchisee may be made only in accordance
with the following procedure:
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Franchisee shall notify the Borough in writing by registered
mail of the proposed rate change and submit therewith the proposed
rate change and submit therewith the proposed amended rate schedule.
Within 21 days of receipt of the registered mail by the Borough, the
Borough shall arrange a meeting between franchisee and the Borough
officials to discuss the proposed rate change. If Borough Council
does not agree with changes requested by franchisee within 15 days
after the meeting, then a board of arbitrators shall be selected.
The board of arbitrators shall be composed of two members, two to
be selected by the Borough, two to be selected by the franchisee,
and the fifth to be selected by the four aforementioned representatives
on the board of arbitrators. Said board of arbitrators are to render
a decision (majority rules) for or against the rate change after 15
days from the date of their appointment to said board. Any decision
made by such board of arbitrators shall be in writing and a copy thereof,
duly authenticated, shall be delivered on the day said decision is
rendered to each, the franchisee and the Borough, and shall be binding
upon all parties concerned.
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A.
Any franchisee violating any of the terms or provisions of this chapter
or any rules or regulations duly adopted by the Borough shall be cause
for the forfeiture of any franchise permit.
B.
The distribution system of any franchisee to be hereafter installed
shall not be abandoned either in whole or in part without consent
of the Borough. In the event of the failure of the franchisee to commence
installation of the system within 60 days after the issuance of a
franchise permit, and the securing of the pole franchise with the
utility companies, or in the event of the failure of the franchisee
to render community television service to the Borough and the inhabitants
thereof, contemplated and provided for this chapter, within a period
of six months from the date of issuance of the franchise permit, the
Borough shall have the right, on reasonable notice to the franchisee,
to declare the franchise granted hereunder as forfeited.
Any franchisee hereunder shall immediately upon being granted
a franchise permit submit to the Borough evidence that the franchisee
is insured against liability to the public for injuries to person
and property with any reputable and financially sound insurance company
in an amount not less than $500,000 for any one person and $1,000,000
for any one accident and property damage; and that the Borough shall
also be designated as insured under said policy, insuring the Borough
against any liability which may arise by reason of the issuance of
any franchise permit to any franchisee, or as negotiated from time
to time. Such policy of insurance shall be in full force and effect
during the entire term of the franchise permit.
