[Adopted 1-3-1983 by Ord. No. 847 (Ch. VII, Part 6, of the 1962 Code)]
For the purpose of this article, the following terms, phrases and words
shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory.
BOROUGH
The Borough of Catasauqua located in Lehigh County, Pennsylvania.
CABLE TELEVISION SYSTEM or SYSTEM
A system of antennas, cables, wires, lines, towers, waveguides, or
other conductors, converters, equipment or facilities, designed and constructed
for the purpose of producing, receiving, amplifying and distributing, audio,
video and other forms of electronic or electrical signals, located in the
Borough.
COMPANY
Any operator of a cable television system.
GROSS SUBSCRIBER REVENUES
All revenues derived from charges to subscribers located within the
Borough. It shall include the revenue derived from regular cable television
reception service and any and all other transmissions and programs sent over
said cable for which payment is received. As required by the Federal Communications
Commission, gross subscriber revenues shall not include any revenues received:
(a) as reimbursement of expense in the operation of any access channels; (b)
as advertising payments; (c) from the leasing of cable channels; (d) from
programs for which a per-channel or per-program charge is made; and (e) from
furnishing other communications and nonbroadcast services either directly
or as a carrier for another party or any other income derived from the system.
Gross subscriber revenues shall also not include revenues received as installation
charges and fees for reconnections, inspection, repairs or modifications of
any installations.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind, and the partners in partnerships and officers
of corporations.
The franchise granted herein shall terminate 10 years from the date of this grant. The Borough may renew this grant of franchise for an additional term of 10 years upon application by the company made not less than 90 days prior to expiration of the current franchise. If a renewal request is made by the company, then the Borough Council shall hold a public hearing giving notice in a newspaper of general circulation of the same concerning the past performance of the company. The Borough shall review the maintenance log required in §
155-6 of this article. After receiving public comment at the above mentioned meeting and review of all pertinent documents, Borough Council shall only renew this franchise with said company if the company's performance has proven to be satisfactory.
The company shall keep full, true, accurate and current books of account,
which books and records shall be made available for inspection and copying
by an authorized representative of the Borough at all reasonable times.
The company shall maintain a good cable signal at all times. The signal
strength shall be in compliance with the FCC Rules and Regulations and shall
have a signal to noise ratio per channel not less than 43 decibels.
The company shall pay, and by its acceptance of a franchise expressly
agrees that it will pay, all damages and penalties which the Borough may legally
be required to pay as a result of the negligence of the company, its agents,
contractors, or subcontractors, in the installation, operation or maintenance
of the cable television system authorized herein. The company shall further
save harmless and defend the Borough from any liability for acts done by the
company pursuant to this agreement. The Borough shall notify the company's
representative within 15 days after the presentation of any claim or demand
to the Borough, either by suit or otherwise, made against the Borough on account
of any negligence or contract as aforesaid on the part of the company. The
company further agrees as follows:
A. Company shall carry workmen's compensation insurance,
with statutory limits, and employer's liability insurance with limits of not
less than $100,000 which shall cover all operations to be performed by company
as a result of this article.
B. Company shall carry comprehensive general liability and
comprehensive automobile liability insurance with bodily injury and/or death
coverage of not less than $500,000 per occurrence, and property damage limits
of not less than $300,000. The Borough of Catasauqua shall be included as
a named insured under said company's insurance policies stipulated above.
C. Company shall carry contractual liability insurance coverage for all liability which company has contractually assumed hereunder, including the indemnification obligations assumed by company in this §
155-8, the coverage under said policy to be the same as the limits set forth in the preceding Subsection
B of this section.
D. Company's workmen's compensation, comprehensive general liability and comprehensive automobile liability insurance and all other insurance which company is obliged under the terms of this article to carry shall be written by an insurance company authorized to do business in Pennsylvania with capital and/or surplus of not less than $3,000,000. Company agrees to furnish Borough with certified copies or certificates of insurance of said policies, which shall provide that insurance shall not be cancelled unless 10 days prior written notice shall first be given to Borough. Borough shall be given a certified copy of the policy written to provide the contractual liability coverage required by Subsection
C of this section.
All facilities and equipment of company shall be constructed and maintained
in accordance with the requirements and specifications of the National Electrical
Safety Code and such applicable ordinances and regulations set forth by the
Borough and/or any other local, state or federal agencies.
The company shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable the company to exercise its rights and perform its obligations
under this franchise, and to assure an uninterrupted service to each and all
of its customers; provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with the provisions hereof or of federal
and state laws.
The company shall not sell or transfer its system to another, nor transfer
any rights under this franchise to another without prior written approval
by the Borough.
The company shall, at all times, comply with the then current rules
and regulations governing CATV operations promulgated by the Federal Communications
Commission (FCC). This shall include adherence by the company to FCC rules
regarding technical and engineering specifications involved in the construction
of the CATV system and signal carriage therein.