[HISTORY: Adopted by the Board of Supervisors of the Township of
Pocopson 10-14-1985 by Ord. No. 2-1985.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 182.
This chapter shall be known and may be cited as the "Pocopson Township
Community Antenna Television Ordinance."
Upon application duly made, the Township of Pocopson may grant the right
to erect, maintain and operate television transmission and distribution facilities
and additions thereof in, under, over, along, across and upon the streets,
lanes, avenues, sidewalks, alleys and other public places in the Township
of Pocopson (hereinafter referred to as "the Township") and subsequent additions
thereof, for the purpose of transmission and distribution of audio and visual
impulses and television energy in accordance with the laws and regulations
of the United States of America, of the State of Pennsylvania and of the Township.
The Township may promulgate a form for the making of application pursuant
hereto and, in the event that such a form is promulgated, then application
shall be made only on such form. Any right granted pursuant to this chapter
shall be conditioned on the faithful performance and observance of the conditions,
regulations and reservations herein specified and shall further be conditioned
upon the prompt payments of the amounts provided for herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association and any other entity of whatever type.[1]
All those attorneys' fees incurred by the Township in bringing an
action to enforce this chapter and collect fines and penalties in connection
therewith and shall be at that hourly rate annually approved by the Board
for the Township Solicitor.[2]
A system for transmission of audio signals and/or visual images by
means of electrical impulses.
A.
To the extent possible, all facilities erected, maintained
or operated pursuant to this chapter shall be attached to poles already in
existence in the Township. To the extent that existing poles are insufficient
for the purposes hereof, or if anyone being granted the right hereunder (hereinafter
referred to as "licensee") is unable to negotiate agreements satisfactory
to the licensee providing for use of existing poles, the licensee shall have
the right to erect and maintain its own poles as necessary for the construction
and maintenance of its television distribution system with the approval of
locating such poles by the Township Engineer; provided, however, that the
approval of the Township Engineer shall not be granted for the installation
of such poles when, in the professional opinion of the Township Engineer,
the installation of such new transmission facilities underground is feasible,
considering engineering criteria only; and provided further, that all residential
areas of the Township which are served by underground electrical utilities
shall be served only by underground transmission and distribution facilities.
Otherwise, the approval of the Township Engineer shall not be unreasonably
held.
B.
The licensee shall have the right, authority, power and
privilege to attach any of its system facilities to any existing or future
poles, towers or other electrical facilities owned by the Township in a manner
which will not interfere with the use of such poles, towers and other electrical
facilities by the Township, provided that no such attachment shall take place
unless 72 hours' prior notice has been given to the Township and the Township
has failed to object to such attachment. The Township shall not unreasonably
object to any such attachment.
C.
The licensee shall pay to the Township an annual fee
for each pole utilized by the licensee owned by the Township, which fee shall
not be less than $1.50 per pole. If the licensee shall negotiate a contract
with the telephone or electrical utilities serving adjacent properties for
the use of their poles, then the annual fee payable hereunder shall be the
same as the fee payable pursuant to such negotiated contracts, but not less
than the minimum as aforesaid.[1]
D.
In the event that the licensee negotiates a contract
fee per year per pole with the telephone or electrical utilities serving adjacent
properties, providing for different fees to each of those entities, the annual
fee per pole payable to the Township for each pole owned by the Township and
utilized by the licensee shall be the higher of the town negotiated contract
fees, subject to the minimum as aforesaid.[2]
E.
In the event the licensee does not negotiate an agreement
for the use of the poles of either the telephone or electrical utilities serving
adjacent properties, the fee payable by the licensee to the Township shall
be the minimum as aforesaid, an annual fee of $1.50 for each pole owned by
the Township and utilized by the licensee. In the event that a licensee shall
use a pole for less than a full year, then the charge for such pole shall
be prorated from the day when the use of the pole began.[3]
F.
The Township hereby states its desire that all holders
of public licenses and franchises within the corporate limits of the Township
shall cooperate with every licensee hereunder to allow usage of existing poles
and pole line facilities wherever possible and wherever such usage does not
interfere with the normal operation of said pole and pole line so that the
number of new or additional poles constructed in the Township shall be minimized.
G.
Each licensee shall extend to the Township, free of any
expense, joint use of any and all poles owned by any licensee for any proper
municipal purpose insofar as may be accomplished without interference with
the use and enjoyment of the licensee's own wires and fixtures. The Township
shall hold each licensee harmless from any and all action, causes of action
or damage caused by any action of the Township in placing wires or appurtenances
upon the poles of the licensee.
H.
Insofar as it is within the power of the Township to
grant the following right, the approval of any application made hereunder
shall grant to the licensee whose application is approved the authority to
trim trees upon and overhanging all streets, alleys, basements, sidewalks
and other public places within the Township, so as to prevent the branches
of such trees from coming into contact with the facilities of the licensee.
I.
Each licensee whose application is approved pursuant
to this chapter shall construct an all bands system capable of providing 30
channels of television reception and FM radio to the licensee's subscribers,
and installation and maintenance of equipment shall be such that standard
color signals shall be transmitted to subscribers. The Township may, at its
option, condition approval of any application, either at the time application
is made or at any time thereafter, that the licensee shall extend its service
to all areas of the licensor that have a density of at least 35 homes per
mile of extension from the licensee's then-existing cable distribution facilities.
A.
All structures, lines and equipment erected by any licensee
within the Township shall be located so as to minimize or eliminate, if possible,
interference with the use of streets, alleys, easements and other public ways
and places and with the rights and reasonable convenience of property owners,
and each licensee shall comply with all ordinances of the Township now or
hereafter in force.
B.
In case of any disturbance of pavement, sidewalk, driveway
or other surface, the licensee shall, at its own expense and in a manner approved
by the Township, remove, replace and restore all pavement, sidewalk, driveway
or surface so disturbed to as good condition as before any such disturbance.
C.
In the event the Township shall at any time lawfully
elect to alter or change any street, alley or other public way, requiring
the relocation of any of the facilities of any licensee, upon reasonable notice,
shall remove and relocate any such facilities at the licensee's own expense.
D.
Whenever it shall be necessary for any licensee to raise
or lower its lines to permit the moving of any building or other structure,
the licensee shall accomplish the same upon the request of any person lawfully
entitled to move such building or other structure. The actual expense of raising
or lowering or temporarily removing the licensee's lines shall be paid by
the person requesting the same and the licensee shall have the right to require
payment in advance of the reasonably estimated cost of such raising, lowering,
or temporary removal. If such raising, lowering, or temporary removal shall
be necessary for Township purposes and shall be done at the request of the
Township, then such raising, lowering, or temporary removal shall be accomplished
by the licensee at no charge to the Township.
E.
All poles, lines, structures, and other facilities of
the licensee in, on, over or under the streets, sidewalks, alleys, easements
and other public grounds or places within the Township shall be maintained
at all times by the licensee in a safe and appropriate condition.
F.
Each licensee shall furnish, free of charge, at least
one service distribution connection to each school, fire station, police station,
Township administration building, and public library located within the Township
and along the licensee's pole plant route.
A.
Each licensee shall, at all times, be subject to such
regulations as the Township shall have in force or shall hereafter lawfully
enact, either by ordinance or resolution or otherwise; provided, however,
that nothing herein contained shall be deemed to render any licensee a public
utility except as may be otherwise provided by the laws of the Commonwealth
of Pennsylvania.
B.
Each licensee shall maintain and operate its system and
render efficient service in accordance with such rules and regulations as
are now or hereafter established by the Township.
C.
Whenever it is necessary to shut off or interrupt service
for the purpose of making repairs, installations or adjustments, the licensee
shall do so at such time as will cause the least amount of inconvenience to
its customers, consistent with the needs and requirements of the licensee.
D.
Each licensee shall maintain telephone service, which
shall be toll free, to the caller for calls originating from within Pocopson
Township, for the purposes of receiving inquiries and complaints from the
licensee's customers and from the general public. Each licensee shall provide
sufficient maintenance personnel to respond to routine service calls within
six hours during the period from 8:00 a.m. through 11:00 p.m., seven days
per week, except in the case of major outages due to storms, civil unrest
or acts of God. Each licensee shall report regularly to the Township Manager
of Pocopson Township the number and type of complaints, response time and
complaints not resolved to the satisfaction of the complainant.
Each licensee shall, as a condition of approval of its application,
enter into an agreement with the Township saving the Township harmless from
any and all loss sustained by the Township by reason of any suit, judgment,
execution, claim or demand whatsoever resulting from any action on the part
of the licensee in the construction, operation, or maintenance of its television
system within the Township. For this purpose, each licensee shall carry property
damage and public liability insurance with an insurance company qualified
to do business in the Commonwealth of Pennsylvania. Each licensee shall carry
at least the following minimum amounts of insurance: liability owing to damage
to property, $100,000 per accident; against liability owing to injury to or
death of person, $500,000 per person and $2,000,000 per accident. Each licensee
shall also carry workmen's compensation insurance and such other insurance
as may be required by the laws of the Commonwealth of Pennsylvania in such
amounts as may be required. The Township shall notify a licensee within 30
days after the presentation of any claim or demand, either by suit or otherwise,
made against the Township on account of any activity as aforesaid on the part
of any licensee, provided that the failure of the Township to notify the licensee
shall not relieve the licensee of its obligations hereunder unless the licensee
is actually prejudiced as a result of the failure of the Township to notify
it as to any claim or demand. As a condition of the approval of any application
hereunder, the Township may require the posting of bond, with such surety
as the Township deems appropriate, in form satisfactory to the Township and
in such amount as the Township deems satisfactory to guarantee that all undertaking
and obligations of each licensee pursuant to this chapter shall be performed
in a timely manner.
The licensee shall have the right to charge and collect compensation
from all subscribers to whom it shall furnish service, but the licensee shall
not as to rate, charges, service, facilities, rules and regulations, or any
other respect, make or grant any preference or advantage to any person or
subject any person to any prejudice or disadvantage, but nothing herein contained
shall be deemed to prohibit the establishment of a graduated scale of charges
and classified rate schedules, provided that the classification of customers
shall be reasonable and any customer coming within a particular classification
shall be entitled to the same rates as any other customer coming within that
classification. Rates shall be the same for all classifications of customers
served by the licensee from similar facilities. Nothing herein contained shall
prevent any licensee from providing a preferential rate or free service to
the Township or for any public purpose.
Rights granted to any licensee hereunder shall take effect and be in
full force from and after the date upon which each application is approved
by the Township. The rights granted hereunder shall continue in full force
and effect for an initial period of not less than 15 years from the date of
application approval and each licensee whose application is approved shall
have the right to renew the rights granted hereunder for an additional term
of 15 years under the terms hereof from and after the expiration date of the
initial fifteen-year period. The right to renew for the additional period
shall be exercised by the licensee in the following manner only: by giving
the Township notice, in writing, of the licensee's election to exercise the
option, which notice shall be given not less than six months, nor more than
two years, prior to the expiration of the initial term granted hereunder;
such notice to be either personally served or mailed, certified or registered
mail, return receipt requested, to the Township at the Township's administrative
offices.
If any licensee should violate any of the terms, conditions, or provisions of this chapter, or if the licensee should fail to comply with any lawful provision of any ordinance of the Township, regulating the use by any licensee of streets, alleys, easements or public ways of the Township, or if any licensee should violate any other lawful rule or regulations applicable to it and should any licensee continue to violate the same for a period of 30 days after the licensee shall have been notified in writing by the Township to desist from such violation, the licensee may, at the Township's option, be deemed to have forfeited and annulled all the rights and privileges granted hereunder. If the rights granted hereunder are forfeited pursuant to this § 44-10, the licensee may dispose of its property located within the Township in any lawful manner.
In order to render the service contemplated by this chapter, each licensee
may require service from a point-to-point microwave service common carrier
licensed by the Federal Communications Commission. Within 120 days after approval
of its application hereunder, the licensee shall submit an order for service
with a qualified carrier. If the licensee shall not, within six months from
the date the qualified carrier completes construction of the facilities necessary
to serve the licensee, have commenced the installation of its television distribution
system, or in the event the licensee does not place an order for service with
a qualified carrier, as required above, the approval of the licensee's application
may be revoked and cancelled by the Township if the licensee shall not, within
two years from the date of approval of its application, have begun to supply
its television distribution service to subscribers located within the Township.
A.
Each licensee shall pay to the Township an amount which,
when added to the amount of all taxes, licenses, fees or impositions levied
or imposed by the Township upon each licensee or upon its property or operations
for the preceding tax year, will equal 3% of the gross monthly service revenues
received by the licensee from its operations within the Township. "Gross revenues"
as used herein shall mean the gross amount of regular monthly or quarterly
service charges, plus any amount charged for special programs or projects
actually paid for by subscribers served within the Township. The payments
required hereunder shall be due within 30 days after the first anniversary
date following the approval of each application submitted hereunder and within
30 days after each succeeding anniversary date.
B.
Each licensee shall keep records of account showing the
date and amount of all payments received. The duly authorized agent of the
Township shall have the right to inspect and audit the current records of
gross revenues of any licensee at any reasonable time. The Township shall
have the right, at its own expense, to audit the records of gross revenue
of any licensee for any annual period at any reasonable time within three
years after expiration of such anniversary. If any payment as required above
is not made within the time required, then the time for inspection and auditing
of the records of the licensee shall be extended by the same amount of time
as the licensee is late in its payment.
C.
Nothing herein contained shall be construed as requiring
any licensee to pay to the Township any portion of the revenue derived from
the sale of the community television service by the licensee to customers
residing outside the corporate limits of the Township; provided, however,
that upon annexation to the Township of any territory not now within the corporate
limits of the Township, the portion of the licensee's facilities that may
be located within such annexed territory and upon the streets, alleys and
public grounds thereof shall thereafter be subject to all of the terms of
this chapter.
No licensee hereunder shall engage in the business of sale or repair
of television receivers owned by its subscribers, nor will any licensee be
responsible for the operating condition of said receiver. Any service furnished
by any licensee to a subscriber pursuant to this chapter shall terminate at
the point of connection of the licensee's facilities to the subscribers receiver.
Nothing herein contained shall be deemed to render any right granted
hereunder to be exclusive to any licensee.
The rights granted hereunder may not be assigned or transferred by any
licensee, except where the approval of the Township first had been obtained
in writing, which approval may be withheld only for good cause shown, but
as a condition of granting approval of transfer or assignment, the Township
may require the proposed transferee or assignee to submit reasonable information
concerning itself, to submit the same information as would be required in
connection with making a new application hereunder, and to execute an appropriate
instrument signifying the acceptance by the transferee or assignee of all
of the terms and conditions of this chapter and agreeing to perform the same.
A.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable thereof in a criminal enforcement
proceeding, pay a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees, and may be incarcerated for a period not exceeding 90 days
for each and every violation. Such fine, costs, attorneys' fees, and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure. Each
twenty-four-hour period during which failure to comply continues shall constitute
a separate violation.
B.
The Township Code Enforcement Officer shall initiate criminal
enforcement proceedings in order to achieve compliance with the chapter.
