The present tense includes the future; the singular number includes
the plural, and the plural the singular; and the masculine gender includes
the female gender.
Unless otherwise expressively stated, the following words and phrases
shall be construed throughout this chapter to have the meanings as indicated:
Public, educational, and governmental access channels as defined
herein.
A group or groups of cable services distributed over the cable systems
consisting of the service tier which includes a retransmission of local television
broadcast signals.
The Board of Supervisors of East Whiteland Township.
The Cable Communications Policy Act of 1984, P.L. No. 98-549, 98
Stat. 2779 (1984) [codified at 47 U.S.C.§ 521-611 (1982) and Supp.
(1987)], Cable Television Consumer Protection and Competition Act of 1992,
and any amendments hereto.
A facility consisting of a set of closed transmission paths with associated
signal generation, reception and control equipment that is designed to provide
cable television service which includes video program and which is provided
to multiple subscribers within the Township;
But such term does not include:
A facility that serves only to retransmit television signals of one
or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such facility
or facilities crosses or uses any public right-of-way, including streets or
easements;
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title 2 of the Communications Policy Act of 1984, except
that such facility shall be considered a cable system to the extent such facility
is used in the transmission of video programming directed to subscribers;
or
Any facility or electric utility used solely for operating its electric
utility system.
A band frequency in the electromagnetic spectrum or other means of
transmission (including, without limitation, fiber optics or any other means
now available or that may because available), which is capable of carrying
a video signal, an audio signal, a voice signal, or a data signal.
Such video, audio, data, or other service provided to institutional
users on an individual application basis. These may include, but are not limited
to, one-way video, two-way video, audio or digital signals among institutions,
and, as may be specified in the franchised residential subscribers.
Any inquiry, allegation, or assertion made by a resident which raises
an objection to the business practices of the grantee.
A subscriber who receives a service in a place of business where
the service may be utilized in connection with the business, trade, or profession
and who pays the charges therefor.
An electronic device which converts signals to a frequency not suitable
for interference with television receiver of a subscriber, and any channel
selector which permits a subscriber to view all signals delivered of designated
converter dial locations at the set or by remote control.
A channel that can only be received by a person and/or institution
intended to receive signals on such channel.
The cable that connects a subscriber terminate at the point in a
subscriber's home, designated by subscriber, to the nearest feeder cable of
the system.
Any channel designated for noncommercial educational use.
The Federal Communications Commission, its designee, or any successor
thereto.
The nonexclusive rights granted pursuant to this chapter to construct,
operate, and maintain a cable communications system along the public rights-of-way
within all or a specified area of the Township. Any such authorization, in
whatever form granted, shall not mean or include any license or permit required
for the privilege of transacting and carrying on a business within the Township
as required by the ordinances and laws of the Township.
The entire Township, or portions thereof, for which a franchise agreement
is granted under the authority of this chapter. If not otherwise stated in
the franchise, the franchise area shall be the corporate limits of the Township,
including all territories thereafter annexed to the Township.
The natural person(s), partnership(s), domestic or foreign corporation(s),
association(s), joint venture(s), or organization(s) of any kind which have
been legally granted a franchise by the Township and its lawful successor,
transferee, or assignee.
The maximum percentage allowed by law, as specified by the Township,
to the franchisee's gross annual revenues from all sources payable in exchange
for the rights granted pursuant to this chapter and the franchise agreement.
Any channel specifically designated or dedicated for noncommercial
government access use.
The Township of East Whiteland, as represented by the Township Board
of Supervisors acting within the scope of its jurisdiction.
Any and all revenues received annually directly or indirectly for
all business transactions and services provided now or in the future within
the franchise area by the grantee, its subsidiaries, and any person in which
the grantee has a financial interest. Gross revenue includes, but are not
limited to, all monthly subscriber rates for "Lifeline" (economy basic) service,
basic and premium channels, pay-for-view, extra hookups, installation and
cancellation fees, convert-a-box and remote control rentals, advertising sales
(both local ad sales that originate within the Township and regional and national
spot sales that are fed to the East Whiteland Township system by franchisee's
corporate sales and/or independent and cooperative ad placement services),
any and all shopping channel commissions or commercial transaction commissions
(from banking, shop-at-home services, etc.), and any future revenues generated
by new technological abilities such a telephones, PC hookup, TV Guide, audio
services, etc.
The act of connecting the system from the feeder cable to the subscriber
terminals so that cable television service may be received by the subscriber.
Any channel designated or dedicated for the use of persons unaffiliated
with the grantee, at rates in accordance with the cable act.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
The delivery over the system of per-channel or per-program audiovisual
signals to subscribers for a fee or charge.
An individual, partnership, association, organization, corporation,
or any lawful successor or transferee of said individual, partnership, association,
organization, or corporation.
Any channel designated or dedicated for noncommercial use by the
general public or noncommercial organizations for which it is available for
use without charge on nondiscriminatory basis in accordance with the rules
and regulations specified in the franchise.
The surface, the air space above the surface, and the area below
the surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, park, parkways, waterways, utility easements or other
public rights-of-way or thereafter held by the Township which shall entitle
the Township and the grantee to the use thereof for the purpose of installing
and maintaining the grantee's cable television system. No reference herein,
or in any franchise, to the "public way" shall be deemed to be the representation
or guaranty of the Township that its title to the property is sufficient to
prevent its use for such purposes, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to be used properly in the Township
as the Township may have the undisputed right and power to give.
Where not elsewhere specified, it shall be written notice addressed
to the grantee at its principal office within the Township, which notice shall
be certified and postmarked not less than 10 business days prior to the day
in which the party giving such notice shall commence any action which requires
the giving of notice. In computing said 10 business days, holidays recognized
by the Township shall be excluded.
Includes any sale, exchange, or barter transaction.
Any public or nonprofit educational institution, including elementary,
middle and high schools, college and universities, both public and private.
Any cable service, including basic service, and a service tier, whether
or not originated by the grantee, or any other person, which is distributed
over the cable system.
Any transmission of radio frequency energy or of optical information.
When 1/3 of all cable households nationwide have access to certain
technologies, this level of service then becomes known as "state of the art."
The surface of and the space above or below any public street, public
roadway, public highway, public freeway, public lane, public way, public alley,
public court, public sidewalk, public boulevard, public parkway, public drive,
or any public easement or right-of-way now or hereafter held by the Township
which shall entitle grantee to the use thereof for the purposes of installing
or transmitting over poles, wires, cables, conduit, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments and other property as
may be ordinarily necessary and pertinent to the system.
Any person or entity who lawfully subscribes to cable service whether
or not a fee is paid for such service.
Cable communication system equipment used by the franchise to provide
services in the franchise area.
The process by which the system shall be upgraded pursuant to § 72-14 herein.
Township of East Whiteland, or appropriate in the case of other specific
provisions of the franchise, any board, bureau, authority, agency, commission,
department of, or any other entity of or acting on behalf of the Township
of East Whiteland, or any officer, official, employee, or agent thereof, the
designee of any of the foregoing, or any successor hereto.
The disposal, voluntarily or involuntarily, by the grantee, directly
or indirectly, by gift, assignment, voluntary sale, merger, consolidation,
or otherwise of 5% or more at one time of the ownership or controlling interest
in the system, or 20% cumulatively over the term of franchise of such interest
to a corporation, partnership, limited partnership, trust or association,
or person or group of persons acting in concert. Internal reorganization in
which ultimate control of the grantee does not change shall not constitute
transfer for purpose of this chapter.
That the head-in, trunk cables, distribution plant, amplifiers and
other technical components of the system have the capability to pass video,
audio, voice, and/or data signals in both directions simultaneously.
A signal originating from a terminal to another point in the cable
television system including video, audio, and digital signals for either programs
or other uses such as security alert services, etc.
A person or organization utilizing channel or equipment and facilities
for purpose of producing and/or transmission of material as contrasted with
the receipt thereof in the subscriber's capacity.
Any person who violates or permits the violation of any provision
of this chapter shall be responsible to pay a fine, plus courts costs including
reasonable attorney's fees.
