[Adopted 10-14-1963 by Ord. No. 63-24[1]]
[1]
Editor's Note: Section 7 of Ord. No. 63-24 stated that the permission granted to the licensee would not be effective nor any rights exercised under it until the licensee filed bond and complied with the insurance requirements set forth in the agreement mentioned in § A302-25 of this ordinance. Section 10 required that the service be operational within a year or the permission granted would be void.
A. 
To the extent it is legally authorized to do so, the Burgess (now known as the "Mayor") and Town Council of the Borough of Chambersburg, hereafter called "licensor," grant to Chambersburg Television Antenna Service, Inc.,[1] hereinafter called "licensee," permission to supply community antenna television service and FM antenna radio service for sale to the inhabitants of the Borough of Chambersburg, of the nature and kind set forth in the licensee's (actually the licensee's unincorporated predecessor) application submitted under date of July 8, 1963, and, to the extent the licensor has the authority and right to do so, permission to erect, maintain and operate the licensee's distribution facilities in, under, over, along, across and upon the streets, alleys and sidewalks within the limits of the Borough of Chambersburg as now existing or hereafter extended, for a period of five years and thereafter until terminated by the licensor or licensee upon six months' written notice, subject to the terms and conditions set forth in this ordinance.
[1]
Note: This franchise is now vested in Warner Cable Television.
B. 
Subject to the provisions of § A302-31 as herein amended, upon the transfer by the present owners of Chambersburg Television Antenna Service, Inc., of all of the stock, ownership and control of the company to United Transmission Incorporated, the time of the permission or license granted in Subsection A hereof is changed and extended to a period of 15 years from the date of this ordinance, at which time it shall terminate, subject to the terms and conditions set forth in this ordinance, as amended, provided that such transfer of ownership, etc., shall be completed within 60 days from the date of this ordinance and, in the event such transfer is not completed within such time, this section shall no longer be of any force and effect.
[Added 9-2-1966 by Ord. No. 66-33[2]]
[2]
Editor's Note: The preamble to Ord. No. 66-33 stated that Chambersburg Television Antenna Service, Inc., had informed the borough of its intention to transfer ownership of the company to United Transmission, Inc., which company had requested the borough to extend the franchise period to 15 years, and that United Transmission, Inc., had given the borough evidence of its ability to operate community antenna television service. Ordinance No. 66-41 approved the transfer and assignment of rights to United Transmission, Inc. Resolution No. 70-2 approved the transfer of capital stock of United Transmission, Inc., to HarriScope Cable Corporation. Ordinance No. 72-45 approved the transfer and assignment of rights and license of Cypress Cable TV, Inc. under Ordinance 63-24 to Cypress Cable Corporation subject to the latter paying to the borough a fee of 30% of the gross annual subscriber revenues derived from regular services in the borough, said payment to be made quarterly within 30 days after the end of each quarter, beginning with revenues received on and after September 28, 1972; the borough was to be rendered accounts of receipts and upon request to have the right to audit the books of the licensee.
The licensee shall, to the extent it is reasonably possible, attach its distribution facilities to present utility poles and shall erect no poles upon the public streets, alleys or sidewalks within the Borough of Chambersburg without the express written consent and approval of the Manager of Utilities of the Borough of Chambersburg. No permission is granted to the licensee to erect poles or maintain overhead distribution facilities upon or over those parts of streets or alleys within the Borough of Chambersburg where no overhead poles and facilities presently exist, and the licensor reserves the right to extend the areas within the borough within which poles and overhead facilities will not be permitted, and the licensee shall at its own expense remove or rearrange all of its facilities in any such area or areas so as to meet the terms of any order issued to it by the licensor calling for such removal or rearrangement. Such removal or rearrangement shall be completed within 30 days after notice, and if the licensee fails to complete such removal or rearrangement, the licensor may remove or rearrange the same and collect the cost thereof from the licensee.
[Amended 1-31-1966 by Ord. No. 66-6]
Permission is granted to use the poles of the Electric Department of the licensor under and subject to the terms of an agreement between the licensor and licensee dated as of October 14, 1963, which agreement is hereby approved by the licensor and incorporated herein by reference thereto, provided that the Town Council of the Borough of Chambersburg may, by motion, agree to amend or change the provisions of said agreement so as to change the amount of bond required to be furnished by the licensee under such contract.
The distribution facilities of the licensee shall be at all times maintained in good and safe order and condition and shall be constructed and maintained so as not to interfere with television reception by inhabitants of the Borough of Chambersburg not using the licensee's service.
Breach of any of the conditions and terms of this ordinance or of the aforementioned agreement for the use of the licensor's poles shall be grounds for the rescission of the permission hereby granted.
The construction, installation, maintenance, operation and type of service rendered by the licensee, to the extent not in conflict with this ordinance or the aforementioned agreement between the licensor and licensee, shall be substantially in accord with the representations contained in the licensee's (actually the licensee's unincorporated predecessor) application for a franchise or license submitted under date of July 8, 1963, and failure to comply therewith shall be grounds for rescission of this license.
Service shall be made available to all inhabitants of the Borough of Chambersburg who may desire such service, except in any areas which may not be economically served because of the refusal of the licensor to permit the erection of poles or distribution facilities upon certain street or alleys, and failure to render such service shall be grounds for rescission of this license.
[Amended 9-12-1966 by Ord. No. 66-33]
The rights hereby given shall not be assignable by the licensee without the specific consent of the licensor, which consent shall be given only by ordinance properly adopted, and in the event of transfer of ownership and control of the licensee by transfer of more than 50% of the outstanding stock of the licensee or by the transfer of the physical assets of the licensee, the specific consent of the licensor to such transfer shall be obtained or the permission or license granted is rescinded and of no further force and effect.
The rights hereby given shall be effective only to the extent the licensor has the legal authority and right to do so, and it shall be the responsibility of the licensee to obtain any necessary consents from any other public body or authority or from the owners of properties which may be required to exercise any of the rights granted hereby.