This chapter shall be known and may be cited as the "Cable Communications Systems Chapter."
It is the intent, purpose and scope of this chapter to protect and promote the public health, safety and welfare; to provide for the granting of cable communications franchise agreements; to provide for the creation of a Cable Communications Advisory Commission; to encourage the entry into franchise agreements which, among other things, provide for service areas, transmission of service to the maximum number of Borough residents, quality transmission standards, franchise fees and terms, installation, construction and maintenance standards, indemnification, insurance, performance security, public access and termination of franchises; to provide mechanisms for review of citizen complaints; to encourage competition; to provide planning practices to promote the effective utilization of cable communications systems within the Borough; to accommodate both the present and reasonably foreseeable future communication needs of the Borough; to provide for the integration of new facilities to the maximum extent possible with existing facilities; and to provide the widest possible diversity of information sources and services to the public.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Carlisle.
CABLE COMMUNICATIONS SYSTEM (also referred to as "cable television system" or "cable system")
A system of antennas, cables, amplifiers, towers, microwave links, cable casting studios and any other conductors, converters, equipment or facilities, designed and constructed for the purpose of distributing video programming to home subscribers and/or producing, receiving, amplifying, storing, processing or distributing audio, video, digital or other forms of electronic or electrical signals sold or distributed to subscribers. Such definition shall not include any similar facility that serves only the residents of one or more multiple-unit dwellings under common ownership, control or management, nor other closed circuit systems for industrial, commercial or similar use to which the general public may not subscribe, so long as the public streets or rights-of-way are not utilized in the provision of such service or interconnection of such facilities.
FRANCHISE
The nonexclusive rights granted to construct, operate and maintain a cable communications system along the public ways within all or a specified area in the Borough. 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 Borough as required by other ordinances and laws of the Borough and/or Commonwealth of Pennsylvania.
FRANCHISE FEE
The percentage, as specified by the Borough, of the franchisee's gross revenues received from all sources payable in exchange for the rights granted pursuant to a franchise agreement arising out of operation of a cable communications system within the Borough.
OPERATOR
The natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s) or organization(s) of any kind which has been legally granted a franchise by the Borough, and its lawful successor, transferee or assignee.
PERSON
An individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of said individual, partnership, association, organization or corporation.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY
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 right-of-way or hereafter held by the Borough which shall entitle the Borough and the operator to the use thereof for the purpose of installing and maintaining the operator's cable television system. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guaranty by the Borough that its title to any property is sufficient to permit its use for such purpose, and the operator shall, by its use of such terms, be deemed to gain only such rights to use property in the Borough as the Borough may have the undisputed right and power to give.
It is the intent of Borough Council that this Chapter 90 of the Code of the Borough of Carlisle, all franchise agreements entered pursuant hereto, and all similar ordinances, be in full conformity with all applicable federal and/or state statutes, laws and regulations as the same shall exist from time to time. This chapter shall be construed in conformity therewith and not in derogation thereof.
If any section, subsection, sentence, clause, phrase or portion of this chapter or any 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 holdings shall not affect the validity of the remaining portions thereof.