A.
The owner or operator of any cable or open video system
or facilities which requires a franchise under this chapter, and which was
located in the public right-of-way of the Township on the effective date of
this chapter, shall have three months from the effective date of this chapter
to file an application for a franchise under this chapter. Any owner or operator
filing such an application shall not be subject to penalties under this chapter
or other applicable law for failure to have a franchise or license for that
period during which said application remains pending; provided, however, that
the gross annual fee required by this chapter shall accrue from the effective
date of this chapter and shall become immediately payable upon grant of the
franchise.
B.
Any express franchise granted by the Township prior to
the effective date of this chapter, whose terms and conditions have not been
breached by the franchisee, shall remain valid and enforceable according to
its express provisions for the remainder of its current term, but not any
renewal or extension thereof; provided, however, that such franchisee may
elect at any time to apply for a superseding franchise under this chapter.
Whenever this chapter shall set forth any time for an act to be performed
by or on behalf of the grantee, such time shall be deemed of the essence and
any failure of the grantee to perform within the time allotted shall always
be sufficient ground for the Township to invoke an appropriate penalty including
possible revocation of the franchise.
In any controversy or dispute under this chapter, the law of the Commonwealth
of Pennsylvania shall apply.
If any section, subsection, sentence, clause, phrase or portion of this
chapter or the franchise agreement is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, or by any federal, state, or local
statute or regulation, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions thereof.
Any and all previous ordinances, or parts thereof, including Ordinance
Number 473 in conflict with the provisions of this chapter are hereby specifically
repealed.
This chapter shall become effective five days after the date of enactment, subject to the provisions of § 6-45 herein.
