[Ord. 70, 7/2/1973]
1.
There is hereby granted by Jonestown to Telecable Communications
Corporation the right and privilege to construct, erect, operate and
maintain along, across and over the streets, alleys, public ways and
places and all extensions thereof and additions thereto in Jonestown,
wires, poles, cables, conductors and fixtures necessary for the maintenance
and operation in Jonestown of a cable television (CATV) system for
the reception and distribution of television signals and energy.
2.
The right to the use and occupancy of said streets, alleys, public
ways and places for the purposes set forth, shall not be exclusive,
and Jonestown reserves the right to grant the use thereof to any person,
firm, partnership, corporation or company at any time during the period
of this franchise.
3.
The grantee shall have the right to enter into arrangements for attaching
its wires, cables, conductors and apparatus to poles owned and operated
by public utilities operating within Jonestown and to erect poles
at locations approved in writing by the Jonestown Engineer, if required.
[Ord. 70, 7/2/1973]
The said wires, poles, cables, conductors and fixtures so erected
and installed shall at all times be maintained in good condition and
repair by the grantee and shall be removed by the grantee within 90
days after it shall cease to operate a community antenna television
system in Jonestown, whether the same occurs during the term of this
franchise or by virtue of the expiration and non-renewal hereof.
[Ord. 70, 7/2/1973]
The franchise granted herein is subject to all the laws, ordinances,
rules and regulations now in force or hereafter adopted by the Federal
Communications Commission, the Commonwealth of Pennsylvania, the Public
Utility Commission or Jonestown.
[Ord. 70, 7/2/1973]
It is expressly understood and agreed by and between the grantee
and Jonestown that the grantee shall save Jonestown harmless from
all loss sustained by Jonestown on account of any suit, judgment,
execution, claim or demand whatsoever arising out of the cable television
system permitted by this franchise to be erected, operated and maintained.
The grantee agrees prior to commencing operation, to institute sufficient
liability insurance coverage to protect Jonestown against any such
claims, suits, judgments, executions or demands in a sum not less
than $100,000 per person in any one claim, $300,000 as to any one
accident or occurrence, and not less than $50,000 for property damage
as to any one accident or occurrence. Such insurance will be maintained
and kept in full force thereafter during the term of this franchise.
[Ord. 70, 7/2/1973]
All insurance policies required by the grantee by this franchise
shall be written by a company or companies authorized and qualified
to do business in the Commonwealth of Pennsylvania. Certificates of
all coverage required by this franchise shall be promptly filed with
Jonestown.
[Ord. 70, 7/2/1973]
All transmission and distribution structures, lines and equipment
erected by the grantee within Jonestown, shall be so located as not
to interfere with the public use of streets, alleys, and other public
ways and places and so as to cause minimum interference with the rights
or reasonable convenience of property owners who adjoin the same.
[Ord. 70, 7/2/1973]
The grantee is prohibited from directly or indirectly engaging
in the sale, service, rental, leasing or repair of television receivers
and from engaging in the sale of television receiver parts or related
accessories.
[Ord. 70, 7/2/1973]
The grantee shall construct, erect, operate and maintain its
said cable television system so that there will be no interference
with television reception, radio reception, telephone communications
or other installations which are now or may hereafter be installed
and in use in Jonestown.
[Ord. 70, 7/2/1973]
This franchise shall remain in full force and effect for a period
of 10 years from the date of the approval hereof by the Borough Council
of Jonestown and shall be renewed by Jonestown for an additional ten-year
period so long as all the conditions and provisions of this franchise
have been complied with by the grantee.
[Ord. 70, 7/2/1973; as amended by Ord. 1999-2, 5/4/1999]
Any grantee holding a franchise pursuant to the terms of this
Part shall pay to the Borough, for the privilege of operating its
community television system under such franchise, the sum of 5% of
such operator's annual gross revenues from operation of its community
television system. Termination of operation or failure to undertake
operation by any grantee within one year of the granting of a franchise
hereunder shall terminate liability under this taxing provision.
[Ord. 70, 7/2/1973]
The initial rates and charges of grantee, as submitted prior
to the issuance of this franchise, are approved by the Borough Council
of Jonestown. No increase in said rates and charges shall hereafter
be made without the approval of the Borough Council after an appropriate
public proceeding affording due process.
[Ord. 70, 7/2/1973]
Grantee shall apply for a Federal Communications Certificate
of Compliance within 90 days of the passage of this Part 1 and will
make every effort to secure said Certificate within six months of
the effective date of this Part 1.
Furthermore, grantee shall accomplish significant construction
within one year after receiving a Federal Communications Commission
Certificate of Compliance and shall complete construction in the franchised
area within 18 months following such certification. In the event that
the grantee does not make a good faith effort at complying with the
provisions contained in this section, the grantor reserves the right
to revoke this franchise.
[Ord. 70, 7/2/1973]
The grantee shall maintain and operate its system and render
efficient service within the corporate limits of the Borough of Jonestown,
and shall extend service to all areas of the franchised community
where practical. The CATV system shall provide improved television
reception in both black and white, and color over that available in
the Borough without such system. Grantee shall employ a Preventive
Maintenance Program designed to correct, insofar as it is reasonable,
and practical, incipient failures of components in the system, and
to correct controls and equipment which may be out-of-adjustment,
in an effort to keep maintenance "down-time" of the CATV system to
a minimum.
[Ord. 70, 7/2/1973]
The grantee shall maintain a local business office (or agent)
in the Borough, which shall be open and/or available during usual
business hours, having a listed telephone, and be so operated that
complaints and requests for repairs or adjustments may be received
at any time. To further facilitate the rendering of maintenance service
and investigation and resolution of all complaints, grantee shall
have available the services of one or more service technicians located
in the general area of the system.
[Ord. 70, 7/2/1973]
In the event any section or part of this franchise shall be
held invalid, such invalidity shall not affect the remaining sections
or portions hereof. Notwithstanding anything in this franchise, the
grantee's CATV system shall conform to the lawful regulations
and requirements of the Federal Communications Commission. Any modifications
of the provisions of the FCC CATV rules, as they affect this franchise,
shall be incorporated into the franchise within one year of adoption
of the modification by the Commission, or at the time of franchise
renewal, whichever occurs first.
