A.Â
The Borough Council of the Borough of Carlisle, upon
the advice and counsel of the Cable Communications Advisory Commission, shall
have sole discretion and authority to enter into franchise agreements with
prospective cable communications system operators and shall have sole discretion
and authority to renew the same under such terms and conditions as it deems
appropriate. All franchise agreements entered into by the Borough shall be
nonexclusive and shall contain a specified termination date.
B.Â
In awarding such franchise agreements, the Borough Council
shall consider, in addition to any other matters it deems pertinent, the prospective
operator's ability to provide full cable service to all residents, including
continuous service, quality audio and picture quality, variety of programming
and acceptable customer service levels; to comply with all applicable laws
and regulations; to have in effect acceptable installation, construction,
operation and maintenance methods and procedures or to provide the same within
a reasonable period of time; to demonstrate financial stability; and to provide
adequate levels of insurance, indemnification and security to protect the
Borough and its residents.
The Borough Council, upon the advice and counsel of the Cable Communications
Advisory Commission, shall, to the extent permitted by applicable law, have
full power to regulate rates charged by cable communications system operators
and to set franchise fees. Nothing herein shall prohibit the Borough Council
from delegating to a regional rate commission its power to regulate rates
charged by cable communications system operators.[1]
No person shall provide or offer cable communications system services
to any person within the Borough of Carlisle without first having entered
a franchise agreement with the Borough. No cable communications system shall
be allowed to occupy or use the public ways or public rights-of-way of the
Borough without first having obtained from the Borough a franchise agreement,
a written easement agreement or a written license agreement.