[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Salford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-28-1998[1]]
[1]
Editor's Note: This resolution approved a
franchise agreement which replaced the expired agreement adopted 12-16-1981
by Ord. No. 81-8 and codified as former Ch. A170, Cable Television
Franchise.
The Township hereby grants to Suburban, its
successors and assigns, a franchise to construct, own, operate and
maintain a cable system pursuant to the terms and conditions set forth
herein.
For the purpose of this franchise, the following
terms, phrases, words, abbreviations and their derivations shall have
the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future; words used in
the singular include the plural number. The word "shall" is always
mandatory and not merely directory.
Any and all compensation actually received by Suburban from
its subscribers within the Township, arising from the operation of
its cable system within the Township to provide cable service, including
all monthly basic cable, cable programming service, equipment rental,
premium cable service and program revenues and advertising revenue.
Annual revenues shall not include bad debts, converter deposits, refunds
to subscribers by Suburban or receipts from sales, use or franchise
fees or taxes or any other tax or fee that Suburban collects on behalf
of the Township or any other taxing authority for income derived from
the provision of any service not set forth in this definition. Nonsubscriber-based
revenue shall be calculated on a pro-rata basis (revenue/subscribers
times the number of subscribers within the Township).
Any tier of video programming service provided over the cable
system, other than the basic cable tier of service, or programming
offered on a per-program or per-channel basis.
The one-way transmission to customers of video programming
and other programming services, together with customer interaction,
if any, which is required for the selection of such programming, or
the utilization of any facilities or equipment of the cable system
to provide such services.
A facility, consisting of a set of transmission paths and
associated signal generation, reception and control equipment, that
is designed to provide cable service which includes, but is not limited
to, video programming and which is provided to multiple subscribers
within a community.
A designated frequency band in the electromagnetic spectrum
which is capable of carrying video, audio, digital or other electronic
signals, or some combination thereof.
The Communications Act of 1934, as amended.
An electronic device which allows for reception and selection
of signals distributed over the cable frequencies that may not be
receivable on the ordinary television receiver.
Federal Communications Commission.
This franchise agreement as approved by the Township.
A lineal mile of strand-bearing cable as measured on the
street or easement from pole to pole or pedestal to pedestal.
Any individual, trustee, partnership, association, corporation
or other legal entity.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle, or other
public right-of-way, including, but not limited to, public utility
easements, dedicated utility strips, rights-of-way or easements employed
for compatible uses and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Township in the service
area which shall entitle the Township and Suburban to the use thereof
for the purpose of installing, operating, repairing, and maintaining
the cable system. Public way shall also mean any easement now or hereafter
held by the Township within the service area for the purpose of public
travel, or for utility or public service use dedicated for compatible
uses, and shall include other easements or rights-of-way as shall
within their proper use and meaning entitle the Township and Suburban
to the use thereof for the purposes of installing or transmitting
Suburban's cable service or other service over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
attachments, and other property as may be ordinarily necessary and
pertinent to the cable system.
Any section, subsection, line or provision of this franchise.
The present municipal boundaries of the Township and shall
include any additions thereto by annexation or other legal means.
Any person(s), firm(s), corporation(s) or other legal entity(ies)
who, or which, elects to receive, for any purpose, a cable service
provided by Suburban in connection with the cable system.
The cable system operator, Suburban Cable TV Co. Inc., and
its lawful successors, transferees or assigns.
The Township of Lower Salford, or the lawful successor, transferee,
or assignee thereof.
A.Â
There is hereby granted by the Township to Suburban
the nonexclusive right and privilege to construct, erect, operate
and maintain in, on, upon, along, across, above, over, and under the
public way in the Township, poles, wires, cables, underground conduits,
manholes, pedestals, amplifiers and other cable television conductors
and fixtures necessary for the construction, maintenance and operation
within the Township of a cable system for the purpose of distributing
or relaying television, radio, digital and other lawful electronic
signals.
B.Â
The right to use and occupy the public way for the
purposes herein set forth shall not be exclusive. If the Township
grants a cable franchise to anyone other than Suburban, to the extent
that Suburban's franchise in whole or in part is inconsistent with
such other cable franchise, then, at Suburban's option, Suburban's
franchise shall be automatically amended or conformed in whole or
in part, as the case may be, so that Suburban's franchise is no less
favorable to it than the most favorable cable franchise granted to
any other person or entity. The rights and privileges of the franchise
shall continue for a period of 15 years from the date this franchise
is approved and adopted by the Township,[1] subject to A170-9 below.
[1]
Editor's Note: This franchise agreement has
an effective date of January 1, 1997.
C.Â
To the extent federal law or regulations are amended
or created after the execution of this agreement, the parties agree
that this agreement is automatically amended on the effective date
of the amended or created law or regulation to permit the Township
to avail itself of the amendment or new law or regulation. This provision
is specifically intended to ensure that the Township is, at all times,
to receive the maximum compensation for rights granted to Suburban
hereunder as is permitted by law or regulation.
A.Â
Suburban shall pay to the Township on an annual basis
throughout the term of this franchise a sum totaling the maximum percentage
franchise fee permitted by law, currently 5% of annual revenues received
from subscribers by Suburban from its operation of its cable system
within the Township. Such amount shall be paid by Suburban to the
Township in semiannual installments within 60 days after the close
of each semiannual period ending on June 30 and December 31 of each
year. Payment shall commence beginning the semiannual period after
this franchise becomes effective and ending the semiannual period
after this franchise expires. Suburban shall provide an annual statement
of annual revenues for each calendar year certified by an officer
of Suburban, and upon the request of the Township, by a certified
public accountant. The annual statement of annual revenues shall include
an itemization of the specific sources, amounts, and types of revenue
from which the franchise fee is calculated.
(1)Â
In the event the FCC increases the maximum franchise
fee or deregulates this area, the amount of said fee may be increased
by the Township upon a duly authorized resolution to the maximum fee
allowed by the FCC. Conversely, if the FCC maximum franchise fee is
reduced, the Township may reduce or eliminate any such fee to conform
to the then existing federal law or regulations.
A.Â
Suburban shall conform to all generally applicable
laws, rules and regulations of the United States and the State of
Pennsylvania in the construction and operation of its cable system
and all generally applicable rules and regulations of the FCC.
B.Â
Suburban shall not refuse to hire or employ nor bar
nor discharge from employment nor discriminate against any person
in compensation or terms, conditions or privileges of employment because
of age, race, creed, color, national origin or sex.
C.Â
Any right, power, protection, privilege or immunity
which is provided, granted or imposed on Suburban under or by virtue
of the Communications Act, as it may be amended or interpreted from
time to time after the date hereof, shall remain inviolate and shall
be available to Suburban, notwithstanding any contrary provision of
the franchise agreement, and the acceptance of the terms and conditions
of this franchise shall not be construed as a waiver or release by
Suburban of any right, power, protection, privilege, immunity or obligation
under the Communications Act, the laws or Constitution of the United
States or the laws and Constitution of the State of Pennsylvania.
Nothing herein, nor Suburban's acceptance hereof, shall be construed
to deny Suburban the right to seek administrative and/or judicial
review of any action or threatened action by the Township under, or
arising out of, this franchise.
A.Â
By its acceptance of this franchise, Suburban specifically
agrees that it shall defend and indemnify the Township, its officers,
employees, agents, boards and commissions, acting in their official
capacity, and hold them harmless from any and all damages, penalties
or costs that may arise from a suit filed by a third party due to
the granting of the franchise to Suburban, or any activities engaged
in by Suburban, excluding any activities that are the result of negligence
or deliberate acts or omissions of the Township, its officers, employees,
agents, boards or commissions.
B.Â
By its acceptance of this franchise, Suburban specifically agrees that it shall pay all judgments or settlements due to damages and/or penalties for which it is liable under Subsection A. In this connection, Suburban will provide the defense of any claims brought against the Township under this section of the franchise by selecting counsel of Suburban's choice to defend the claim. The Township shall give timely notification of any such claims, demands, actions, suits, proceedings, damages, or liability before Suburban shall be required to undertake the defense and to indemnify the Township. Suburban shall have the right to defend, settle or compromise any claim or action arising hereunder. Expense of investigation, counsel and the amount of any settlement of any claim or suit will be paid by Suburban, and Suburban shall have the sole authority to decide the appropriateness and the amount of any such settlement.
C.Â
By its acceptance of this franchise, Suburban specifically agrees that it will maintain, through the term of this franchise, and in any renewals thereof, liability insurance protecting Suburban and the Township with regard to all damages and/or penalties mentioned in Subsection A in the following minimum amounts:
(1)Â
Five hundred thousand dollars for bodily injury or
death to any one person, within the limit, however, of $1,000,000
for bodily injury or death resulting from any one accident, and $2,000,000
for all injuries or deaths resulting from any one accident.
(2)Â
Five hundred thousand dollars for property damage
resulting from any one accident.
(3)Â
Worker's compensation insurance on all employees engaged
in installation or service of its equipment.
(4)Â
A certificate evidencing the insurance coverage herein
provided shall be filed by Suburban with the Township, upon request.
A.Â
The right is hereby reserved by the Township to adopt
such additional general regulations in the exercise of its police
power as it shall find necessary, provided that such regulations shall
be reasonable and not unreasonably and not materially in conflict
with the rights and privileges herein granted.
B.Â
The franchise agreement (including all of Suburban's particular rights, powers, protections, privileges, immunities and obligations associated therewith as the same exist on the date hereof) shall constitute a legally binding contract between the Township and Suburban and as such cannot be amended, modified or changed by the Township without the consent of Suburban in any manner whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on Suburban more stringent or burdensome requirements or conditions; provided, however, that nothing herein contained shall preclude the Township from the proper exercise of its general regulatory and police powers, as described in Subsection A and/or powers of eminent domain.
C.Â
The Township and/or its officially designated representatives
shall have the right to inspect all pertinent records, books, plans
and financial statements maintained by Suburban which relate directly
to computation of annual revenues, and construction and location of
facilities within the Township, at Suburban's place of business upon
reasonable notice and during normal business hours. The Township and
its officially designated representatives agree to treat any information
so disclosed as confidential and, with the exception of actions to
enforce the provisions hereof, only to disclose it to employees, agents
or representatives thereof that have a need to know. Suburban shall
not be required to provide subscriber information in violation of
Section 631 of the Communications Act.
D.Â
The Township or its officially designated representatives
or agents, upon reasonable notice, shall have the right to observe
all construction or installation work performed subject to the provisions
of this franchise, and to make such inspections, during regular business
hours, as it may find necessary to ensure compliance with the terms
of this franchise and other applicable provisions of the law. Any
inspection required to determine compliance with Township ordinances
shall be reimbursed by Suburban in the same manner as other inspections
required by Township ordinances and in accordance with the Fee Schedule
of the Township.
E.Â
Continuing administration of the provisions of this
franchise shall be the responsibility of the Township through its
duly designated representative.
Suburban shall not transfer this franchise to
any other person, firm, company, corporation or entity other than
to the principal parents of Suburban, a parent corporation, a subsidiary
or affiliate corporation of a parent company or subsidiary or affiliate
corporation of Suburban, or any other firm or entity owned by Suburban
without the prior approval of the Township as to the financial and
technical ability of the transferee to operate the system. Such permission
shall not be unreasonably withheld. At least 30 days prior to the
proposed transfer, Suburban shall file with the Township a request
for transfer and provide the information required by FCC Form 394.
If the Township has not taken action on Suburban's request for transfer
within 120 days after receipt of such notice, consent by the Township
shall be deemed given.
A.Â
The Township shall have the right to revoke this franchise
for a knowing and substantial breach of any of the material terms
and conditions of this franchise by Suburban. Said revocation shall
not be effective until after written notice of the breach, setting
forth the grounds for revocation, has been served upon Suburban by
certified mail, return receipt requested, and Suburban shall not have
cured the breach within 60 days, or shall have failed to commence
to cure said breach as soon as reasonably practicable if such breach
cannot be cured within 60 days after notice.
B.Â
Prior to any such revocation, Suburban shall have the right to challenge the Township's allegations before an impartial administrative factfinder, which challenge shall stay the time periods specified in Subsection A. In any such administrative proceeding, both Suburban and the Township shall have the right to introduce evidence, to require production of evidence and to question witnesses in accordance with the standards of due process and fair hearing applicable to administrative hearings in the State of Pennsylvania. Either party may thereafter seek judicial review in a court of competent jurisdiction.
C.Â
Suburban shall not be in violation of this franchise
and no revocation shall be effected if Suburban is prevented from
performing its duties and obligations or observing the terms and conditions
of this franchise by any acts of God, labor disputes, manufacturers'
or contractors' inability to timely provide personnel or material
or other causes of like or different nature beyond the control of
Suburban.
A.Â
Renewal of this franchise shall be governed by Section
626 of the Communications Act and the provisions of this franchise.
B.Â
This franchise may be renewed at any time by mutual
agreement between Suburban and the Township.
C.Â
Notwithstanding the provisions of Subsection B, Suburban may submit during the six-month period which begins with the 36th month before the franchise expiration, a written renewal notice requesting that the Township renew the franchise or initiate a proceeding pursuant to Subsection C(1).
(1)Â
Within six months of such notification, the Township
shall take a proceeding, including a public notice and opportunity
for participation, for the purpose of identifying future cable-related
community needs, and reviewing compliance of Suburban with the then
current franchise. Such proceeding shall be completed within 12 months
of the date begun. The Township shall submit a copy of its findings
in writing to Suburban within said 12 months.
(2)Â
After receipt of the Township's findings, Suburban
may submit to the Township a proposal for renewal. In no event shall
Suburban be given less than 90 days to submit its renewal proposal.
(3)Â
The Township shall provide public notification of
receipt of this proposal, and within four months of receipt of such
proposal shall either renew the franchise or issue a preliminary renewal
assessment that the franchise should not be renewed.
(4)Â
If the Township preliminarily decides against renewal,
and at Suburban's request, the Township shall begin an administrative
proceeding, affording due process, including the rights to introduce
evidence, subpoena evidence and examine witnesses, to consider whether:
a) Suburban has substantially complied with the material terms of
the existing franchise agreement and with applicable law; b) the quality
of Suburban's cable service, except for the mix or quality of cable
services or other services provided over the system, has been reasonable
in light of community needs; c) Suburban has the financial, legal
and technical ability to provide the cable services, facilities and
equipment as set forth in its proposal; and d) the proposal is reasonable
to meet future cable-related community needs and interests, taking
into account the cost of meeting such needs.
(5)Â
The Township shall issue a written decision granting
or denying the proposal for renewal based solely on the record of
the proceeding. A certified copy of such decision shall be furnished
by the Township to Suburban.
(6)Â
If such decision is to deny renewal, reasons therefor shall be stated, and such denial shall be based only on one or more adverse findings directly relating to the factors specified in Subsection C(4) of this franchise. The Township may not base such denial of renewal upon factors (a) and (b) in Subsection C(4) unless the Township has given Suburban notice of and an opportunity to cure violations or problems, or if the Township has waived its right to object to, or effectively acquiesced in, such violations.
D.Â
If Suburban's proposal for renewal has been denied
by a final decision of the Township, or if Suburban has been adversely
affected by a failure of the Township to act in accordance with the
procedural requirements of this section, Suburban may seek review
of such final decision through any court of competent jurisdiction.
E.Â
If the current franchise agreement expires by its
own term before the Township and Suburban have reached agreement on
the terms and conditions of a renewal franchise or before completion
of the formal renewal procedures set forth above, the expiration date
of the current franchise agreement shall be deemed extended until
either a new franchise has been granted or the Township's denial has
been upheld by a court of last resort.
A.Â
The rates charged by Suburban for installations, of
and providing any and all cable services shall be as determined by
Suburban; provided, however, that the Township may regulate any rate
or equipment to the extent permitted by federal law only at the time
of execution of this agreement or as may be permitted by law during
the term of this agreement and all renewals thereof.
B.Â
The Township shall not regulate rates for video programming
offered on a per-channel or per-program basis unless authorized by
law to do so.
C.Â
Suburban shall provide notice to the Township and
to affected subscribers of an increase in the rate or charge for any
cable television service. The notice shall be in writing and shall
specify the service or services affected, the new rate, and the effective
date thereof. Written notice to subscribers affected by the rate increase
shall be provided at least 30 days prior to the effective date of
the rate change. This section shall not apply to pay-per-view programming.
D.Â
Suburban may require subscribers to pay for each month
of service in advance at the beginning of each month.
E.Â
Nothing contained in this franchise shall be deemed
to restrict or prohibit Suburban from pursuing legal remedies to collect
past due debts owed to it by subscribers, including the reasonable
costs and expenses incurred in pursuing such remedies, such as collection
fees, attorney's fees and trip charges.
F.Â
Suburban shall not, as to rates, charges, services,
service facilities, rules, regulations, or in any respect make or
grant any undue preference or disadvantage on the basis of race, creed,
national origin, religion, color, sex or age. Nothing in this section
shall be construed to prohibit the reduction or waiving of charges
for promotional or competitive purposes.
A.Â
Suburban shall use reasonable efforts in good faith
to provide to subscribers as wide a variety and number of services
as is feasible but no less than the variety and number of services
generally available in the municipalities surrounding the Township.
B.Â
Suburban shall use materials of good and durable quality
and all work involved in the construction, installation, maintenance
and repair of the cable system shall be performed in a safe, thorough
and reliable manner.
C.Â
Upon request, Suburban shall, without charge, provide
basic cable television service to one outlet in each police and fire
station, each public, nonprofit private and parochial school building,
and each public library within the Township, when the property on
which such use occurs is located within 125 feet of any part of Suburban's
distribution system and is able to be connected with a normal aerial
installation. Suburban shall be permitted to recover its labor, material
and monthly service costs to provide service to more than one outlet
in each such building or for other than normal installation. Users
of such outlet shall hold Suburban harmless from any and all liability
or claims arising out of their use of such outlets, including but
not limited to, those arising from copyright liability.
D.Â
Suburban shall take all necessary steps to construct
and thereafter operate and maintain a cable system to a minimum of
750 Mhz utilizing 750 Mhz active electronics in a fiber to the node
design or better (fiber optics must be utilized). The system shall
be designed to support both analog and digital transmission with a
minimum of 52 channels initially activated. Construction shall be
completed and such cable systems shall be fully operational within
60 months of the execution of this franchise. Six months prior to
the initiation of construction of the rebuild/upgrade, Suburban shall
provide to the Township a neighborhood construction schedule which
details the time frame for construction in each neighborhood and area
of the Township.
E.Â
Suburban shall designate an employee to act as a company
representative by responding to public service complaints on a daily
basis during the rebuild and provide the Township with the person's
name and telephone number. Suburban shall use its best efforts to
minimize traffic disruption during construction and coordinate construction
scheduling with the Township.
F.Â
In constructing, operating and maintaining the cable
system, Suburban shall at all times comply with applicable Township
ordinances, this agreement, and any applicable federal or state laws
and regulations.
G.Â
Suburban shall make available for the Township's review
at Suburban's offices upon completion of the system upgrade, any and
all design maps, including as-built and computer form, as may be maintained
by Suburban. In order to comply with the provisions of this section,
Suburban agrees that the Township, or its designee, may review the
aforesaid design maps at Suburban's offices during normal business
hours after providing three days' notice to Suburban prior to such
review.
A.Â
Suburban is hereby granted the right and privilege
and an easement to construct, erect, place, operate, repair and maintain
poles, wires, transmission lines, distribution lines, service lines
and cable television and communications equipment in and on, under
and over all public ways in the Township for the purpose of providing
the Township and its inhabitants with its services.
B.Â
Wherever a telephone or other utility company has
erected poles, Suburban shall be expected to make a good faith attempt
to enter into a joint use agreement for those poles. Suburban shall
not set new poles, except where no pole exists or use of an existing
utility pole is not practicable due to excessive rearrangements or
other conditions, and such pole construction shall be subject to approval
by the Township's Engineer.
C.Â
Suburban shall apply for all required permits and
shall not undertake any construction without receipt of such permits,
issuance of which shall not be unreasonably withheld or delayed by
the Township. The Township shall issue all such permits at no cost
to Suburban, such costs being covered by Suburban's franchise fee.
D.Â
The construction, installation and maintenance of
the cable system shall be effectuated by Suburban in a manner that
is consistent with the laws, ordinances and construction standards
of the State of Pennsylvania, the Occupational Safety and Health Administration,
the National Electrical Safety Code, National Electrical Code, FCC,
and the Standards of Good Engineering Practices for Measurement of
Cable Television Systems of the National Cable Television Association
to the extent applicable.
E.Â
All of Suburban's construction, installation, repair
and maintenance shall be conducted in such a manner as to cause minimum
interference with the rights and reasonable convenience of the public
and any property owners that may be affected.
F.Â
Suburban shall promptly repair and restore any private
property which may have been damaged as a result of the construction,
installation, repair or maintenance of the system. Any Township property
damaged or destroyed shall be promptly repaired or replaced by Suburban
and restored to a serviceable condition.
G.Â
Cable service shall be provided at regular installation and monthly service rates to all residential areas where there is a density of 35 dwelling units per linear plant mile of aerial cable. Suburban shall extend cable service to areas where there is a lesser density of dwelling units upon payment by requesting households in such areas of a charge, in addition to an installation charge, which does not exceed Suburban's actual and direct costs divided equally among the number of requesting households. Notwithstanding the foregoing, nothing in this franchise agreement shall require Suburban to provide cable service in any area annexed pursuant to the definition of "service area" in § A170-2 or otherwise, regardless of density, that is receiving cable service from another operator.
(1)Â
The Township agrees to continue its practice of encouraging,
in all written developer's agreements, that owners/developers of all
residential subdivisions and multiple dwelling complexes shall make
arrangements with Suburban for the installation of Suburban's cable
facilities within same prior to final road surface application.
H.Â
For subscribers requesting connection requiring an
aerial drop line in excess of 125 feet, Suburban shall extend cable
service at a rate not to exceed Suburban's actual cost of installation
from its main distribution system.
I.Â
Suburban shall have the right to remove, trim, cut
and to keep clear of its poles, cables, underground conduits and related
equipment the trees in and along the public streets, but, in the exercise
of such right, Suburban shall not cut said trees to any greater extent
than is reasonably necessary for the construction, erection, installation,
maintenance and use of cable system equipment. Suburban shall not
remove, trim or cut such trees from any public streets without first
providing reasonable notice to the Township of its intention to do
so.
J.Â
Suburban shall be required, at its expense, to protect,
support, temporarily disconnect, relocate in or remove from public
streets, lands or places any property of Suburban whenever required
by the Township, upon reasonable written notice, by reason of traffic
conditions, public safety, street construction or any other public
purpose.
K.Â
Suburban, on the request of any person, firm or corporation
holding a building permit issued by the Township or permit issued
by an appropriate state agency, shall temporarily raise or lower its
wires to permit the moving of buildings. The expense of such temporary
raising or lowering shall be paid to Suburban by the person, firm
or corporation requesting the same and Suburban shall have the authority
to require such payment in advance. Suburban shall be given not less
than 10 days' advance notice to arrange for such temporary wire changes.
L.Â
In those areas of the service area where the transmission
or distribution facilities of the respective public utilities providing
telephone communications and electric services are both aerial and
underground, Suburban shall have the sole discretion to construct,
operate, and maintain all of its transmission and distribution facilities,
or any part thereof, aerially or underground. In those areas where
the transmission or distribution facilities of the respective public
utilities providing telephone communications and electric services
are underground, Suburban shall construct, operate, and maintain all
of its transmission and distribution facilities, and any part thereof,
solely underground.
(1)Â
Suburban shall not be required to construct, operate
or maintain any flush-mounted or below-ground-level appurtenances,
such as subscriber taps, line extenders, system passive devices, pedestals
or other related equipment.
A.Â
Suburban shall provide written notice to each subscriber
upon initial subscription and at intervals not more than one year
thereafter of its procedures for reporting and resolving subscriber
complaints, the equipment and services currently available, and the
practices and procedures for protecting against invasions of subscriber
privacy, and such other notices as may be required by the FCC's rules.
B.Â
Upon a subscriber's request, Suburban shall issue
a pro-rated credit for any period of cable service interruption of
six or more continuous hours, provided that such outage was within
Suburban's reasonable control. Credit shall be based upon number of
channels and number of hours of interruption.
C.Â
Suburban shall maintain a business office which shall
be open during regular business hours and have a publicly listed toll-free
telephone number and be so operated as to receive complaints and requests
for repairs or adjustments 24 hours a day and remedying such as soon
as possible.
D.Â
Normal installations shall be performed within seven
business days after an order has been placed. "Normal" installations
are aerial drops up to 125 feet from the distribution system, unless
circumstances beyond Suburban's control prevent compliance with this
standard. All other installations shall be performed within 60 business
days after an order has been placed unless circumstances beyond Suburban's
control prevent compliance with this standard.
E.Â
As a normal operating procedure, upon subscriber request,
Suburban shall designate a block of time (not to exceed four hours)
e.g., 8:00 a.m. to 12:00 noon or 1:00 to 5:00 p.m., during which it
will make a good faith effort to provide service or installation at
the requested site.
F.Â
Suburban shall comply with customer service standards
established by the FCC in accordance with Section 632 of the Cable
Act, so long as such Cable Act section and FCC standards remain in
effect.
Unless expressly otherwise agreed between the
parties, every notice or response required by this franchise to be
served upon the Township or Suburban shall be in writing and shall
be deemed to have been duly given when received by certified or registered
mail.
A.Â
The notices or responses to the Township shall be
addressed as follows:
|
Township of Lower Salford
| |
|
474 Main Street
| |
|
Harleysville, PA 19438
|
B.Â
The notices or responses to Suburban shall be addressed
as follows:
|
Suburban Cable TV Co. Inc.
| |
|
200 Cresson Boulevard
| |
|
Oaks, PA 19458
| |
|
Attention: General Counsel
|
If any section, sentence, phrase, provision,
paragraph or term of the franchise agreement or the particular application
thereof shall be held void or otherwise invalid by any court or regulatory
agency of competent jurisdiction, the remaining provisions and their
application shall remain in full force and effect for the term of
the franchise, or any renewals thereof.
A.Â
This franchise and the rights, privileges and authority
hereby granted shall take effect and be in force from and after the
adoption, as provided by law, of the resolution of the Township of
Lower Salford granting said franchise for the purposes set forth herein.
B.Â
The effective date of this franchise is January 1,
1997.
[Adopted 9-6-2006 by Ord. No. 2006-3[1]]
[1]
Editor's Note: This franchise agreement was renewed 7-5-2023 by Ord. No. 2023-03.
A.Â
Whereas, pursuant to Title VI of the Communications
Act (see 47 U.S.C. § 601 et seq.), the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications
Act of 1996, the regulations of the Federal Communications Commission
and Pennsylvania law, Lower Salford Township in Montgomery County
is authorized to grant franchises to construct, operate and maintain
a cable system utilizing public rights-of-way and properties within
the Township's jurisdiction; and
B.Â
Whereas, Verizon of Pennsylvania, Inc. ("Verizon")
is upgrading its existing telecommunications system under Title II
of the Communications Act (see 47 U.S.C. § 201 et seq.)
and has applied for a nonexclusive cable franchise agreement from
the Township to operate a cable system under Title VI of the Communications
Act (see 47 U.S.C. § 521 et seq.); and
C.Â
Whereas, the Township wishes to grant a nonexclusive
franchise to construct, install, maintain, extend, and operate a cable
system in the Township; and
D.Â
Whereas, Verizon is in the process of installing a
fiber to the premise telecommunications network (FTTP Network) in
the Township for the transmission of noncable services pursuant to
authority granted by the Commonwealth of Pennsylvania; and
E.Â
Whereas, the FTTP Network will occupy the public rights-of-way
within the Township, and Verizon desires to use portions of the FTTP
Network once installed to provide cable services in the Township;
and
F.Â
Whereas, the Township desires to protect and manage
the public rights-of-way, require high standards of customer service,
receive financial compensation for Verizon's use of the public rights-of-way
as provided by federal law, obtain complimentary services for its
public buildings, obtain educational and governmental channels; establish
certain reporting requirements, and provide for the future cable-related
needs of its residents; and
G.Â
Whereas, the Township has determined Verizon to be
financially, technically and legally qualified to operate the cable
system to provide cable services; and
H.Â
Whereas, the Township has determined that the public
interest would be served by granting a franchise to Verizon according
to the terms and conditions contained in the franchise agreement negotiated
with representatives of Verizon.
The Board of Supervisors of Lower Salford Township
does hereby approve and adopt the cable franchise agreement negotiated
with Verizon, including all of the terms and conditions contained
therein, and does hereby authorize the execution of such agreement.[1]
[1]
Editor's Note: A complete copy of the agreement
is on file in the Township's offices.
