A franchise to construct, operate and maintain a cable communication
and/or a telecommunications system must be granted pursuant to the terms and
conditions contained herein. Such terms and conditions shall be subordinate
to all applicable provisions of state and federal laws, rules and regulations.
A.
For the purpose of constructing, operating, and maintaining
a system in the Township, grantee may erect, install, construct, repair, replace,
relocate, reconstruct, and retain in, on, over, under, upon, across, and along
the streets within the Township such lines, cable, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, pedestals, attachments, and other
property and equipment as are necessary and appurtenant to the operation of
the system.
B.
The grantee shall construct and maintain the system so
as not to interfere with other uses of streets. Grantee shall endeavor to
make use of existing poles and other facilities available to grantee where
feasible. Grantee shall publicize proposed construction work prior to commencement
of that work.
C.
Notwithstanding the above grant to use of streets, no
streets shall be used by grantee if the Township determines that such use
is inconsistent with the terms, conditions, or provisions by which such street
was created or dedicated or is presently used.
Franchises granted pursuant to this chapter shall be nonexclusive; by
entering into agreement awarding the franchise under this chapter, the franchisee
acknowledges the rights of the Township to grant additional franchises upon
such terms and conditions as it deems appropriate.
A.
The franchise shall commence upon acceptance by the grantee
as defined herein shall be in full force for the period to be determined by
the Board of Supervisors unless renewed, revoked, or terminated sooner as
herein provided.
B.
Not more than three years prior to expiration of any
franchise granted pursuant to this chapter or any renewal thereof, the Board,
after giving public notice, shall proceed to determine whether the franchisee
has satisfactorily performed its obligation under this chapter and under the
agreement granted the franchise. The Board shall consider the franchisee's
annual report sent to the Township, the FCC and the Commonwealth of Pennsylvania
in the event any such may be required. The Board shall consider the franchisee's
performance in light of the cable television and telecommunication industry's
performance on a national basis in respect to technical development and performance,
programming, cost of service, and then state of the art. Not later than 12
months prior to the expiration of the franchise, the Board shall hold a public
hearing, duly advertised, at which interested persons shall have the opportunity
to hear with respect to renewal of the franchise. At least six months prior
to expiration of the franchise, the Board shall determine whether the franchise
shall be renewed for an additional period of five years.
A franchise granted under this chapter shall include the territorial
borders of the Township or portions thereof. In the event of annexation by
the Township, grantee shall use every reasonable effort in its best business
judgment to provide service to the new territory.
Grantee's rights are subject to the police powers of the Township to
adopt and enforce ordinances necessary to the health, safety, and welfare
of the public. Grantee shall comply with all applicable general laws and ordinance
enacted by the Township pursuant to that power.
The Township has the right to install and maintain, free of charge,
upon the poles and within the underground pipes and conduits of grantee, any
wires and fixtures required by the Township to the extent that such installation
and maintenance does not interfere with the existing and future operations
of grantee and provided such wires and fixtures are not used to deliver cable
television service to subscribers within the Township.
A.
All notices, reports, or demands required to be given
in writing under this franchise shall be deemed to be given when delivered
personally to the person designated below, or when five days have elapsed
after it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, or on the next business
day if sent by express mail or overnight air courier addressed to the parties
to the notice is being given, as follows:
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If to Township:
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Township of East Whiteland
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Attention: Township Manager
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209 Conestoga Road
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Frazer, Pennsylvania 19355
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If the grantee: Pursuant to franchise agreement.
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B.
Such address and phone number may be changed by either
party upon notice to the other party given as provided in this section.
Franchises granted pursuant to this chapter shall not be voluntarily
transferred or voluntarily encumbered without the express approval of the
Board. For the purpose of this section, the transfer and control of the franchise
shall be deemed to be the transfer of the franchise.
