For the purpose of this chapter, the following terms, phrases, words
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 to refer to the male include the female, words in the plural number include
the singular number. The word "shall" is mandatory and "may" is permissive.
Words not defined shall be given their common and ordinary meaning.
A separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic service tier
shall, at a minimum, consist of the following: all signals carried in fulfillment
of Cable Act, Sections 614 and 615; any public, educational, and governmental
access programming required in this chapter or the franchise; and any signal
of any television broadcast station that is provided by the cable operator
to any subscriber, except a signal which is secondarily transmitted by a satellite
carrier beyond the local service area of such station. Additional signals
may be added to the basic tier by the grantee.
The Board of Supervisors of the Township of Doylestown.
A nonbroadcast signal that originates within the facilities of the
cable communications system.
A facility, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment that is designed
to provide cable service which includes video programming and which is provided
to multiple subscribers within a community, but such term does not include:
A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such facility
or facilities uses any public rights-of-way;
A facility of a common carrier which is subject, in whole or in part,
to the provision of Title II of the Cable Act, except that such facility shall
be considered a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility systems.
A designated frequency band in the electromagnetic spectrum, which
is capable of carrying video, audio, digital or other electronic signals or
some combination of such signals.
A subscriber who receives a service in a place of business where
the service may be utilized in connection with a business, trade or profession.
The Commonwealth of Pennsylvania.
Title VI of the Communications Act of 1934; the Cable Communications
Policy Act of 1984; the Cable Television Consumer Protection and Competition
Act of 1992; and the Telecommunications Act of 1996, as they may be amended
or succeeded from time to time (47 U.S.C. §§ 521-561).
A verbal or written indication from a subscriber within the Township
of a problem that generates a work order by the grantee or complaint to the
Township that is communicated to the grantee with any aspect of cable service.
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber, and any channel
selector which permits a subscriber to view all signals delivered at designated
converter dial locations at the set or by remote control.
Cable communications channels dedicated to noncommercial use by the
Township, county, commonwealth or federal governmental agencies, and public
and nonprofit, private educational institutions.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user television
set, radio or other terminal.
Any channel designated for noncommercial educational access use.
The price that a willing buyer would pay to a willing seller for
a going concern based on the system valuation prevailing in the industry at
the time.
The Federal Communications Commission and any legally appointed successor.
The nonexclusive rights granted by separate agreement pursuant to
this chapter to construct, operate and maintain a cable communications system
along the public ways within all or a specified area in the Township. 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 Township as required by other ordinances and laws of
the Township.
The entire Township, or portions thereof, for which a franchise is
granted under the authority of this chapter. If not otherwise stated in the
franchise, the franchise area shall be the corporate limits of the Township,
including all territory thereafter annexed to the Township.
The percentage, as specified by the Township, of the franchisee's
gross revenues from the operation of the cable system in exchange for the
rights granted pursuant to this chapter and the franchise agreement.
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 Township, and its lawful successor,
transferee or assignee.
Any channel specifically designated or dedicated for noncommercial
government access use.
The Township of Doylestown as represented by the Township Board of
Supervisors acting within the scope of its jurisdiction.
All revenue derived directly or indirectly by the grantee from the
operation of the cable communications system within the Township. Revenues
derived from the provision of the cable service received by any affiliate,
subsidiary or any person in which the grantee has a financial interest shall
be included in the grantee's gross revenues in any case where those revenues
were derived by the affiliate, subsidiary or person in which the grantee has
a financial interest to avoid or reduce the grantee's franchise fee obligation.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee.
Observing a communications signal, or the absence of a signal, where
the observer is not a party to the communication, whether the signal is observed
by visual or electronic means, for any purpose whatsoever.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
Access channel use in a manner similar to public broadcasting service
station programming and underwriting acknowledgments.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
A linear mile of cable as measured on the street or easement from
pole to pole or pedestal to pedestal.
Any channel designated or dedicated for noncommercial use by the
general public or noncommercial organizations, which is made available for
use without charge on a nondiscriminatory basis in accordance with the rules
and regulations specified in the franchise.
Notice published once each week for two consecutive weeks in a newspaper
of general circulation in the Township. Such notice shall state the date,
time and place of hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days and the
second publication shall not be less than seven days from the date of the
hearing.
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, parkways, utility easements or other public right-of-way
now or hereafter held by the Township which shall entitle the Township and
the grantee to the use thereof for the purpose of installing and maintaining
the grantee's cable television system. No reference herein, or in any
franchise, to the public way shall be deemed to be a representation or guarantee
by the Township that its title to any property is sufficient to permit its
use for such purpose, and the grantee shall, by its use of such terms, be
deemed to gain only such rights to use property in the Township as the Township
may have the undisputed right and power to give.
Written notice addressed to the grantee at its principal office within
the Township or such other office as the grantee has designated to the Township
as the address to which notice shall be transmitted to it, which notice shall
be certified and postmarked not less than 10 calendar days prior to that day
in which the party giving such notice shall commence any action which requires
the giving of notice. In computing said 10 calendar days, holidays recognized
by the Township shall be excluded.
Any person residing in the Township as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade
or profession.
Includes any sale, exchange, barter or offer for sale.
Any public or nonprofit, private educational institution including
primary and secondary schools, colleges and universities.
The entire geographic area within the franchise territory.
The cable communications system constructed for use within the Township,
without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers,
converters, health and property security systems, equipment or facilities
located within the corporate limits of the Township designed, constructed
or wired for the purpose of producing, receiving, amplifying and distributing
by coaxial cable, fiber optics, microwave or other means, audio and visual,
radio, television and electronic signals to and from subscribers in the Township
and any other equipment or facilities located within the corporate limits
of the Township intended for the use of the system; provided, however, such
system facility excludes buildings, contracts, facilities, and equipment where
primary use is for providing service to other system facilities located outside
the Township limits.
The disposal by the grantee, directly or indirectly, by gift, assignment,
voluntary sale, merger, consolidation or otherwise, of 25% or more at one
time of the ownership or controlling interest in the system, or 30% cumulatively
over the term of the franchise of such interests to a corporation, partnership,
limited partnership, trust or association, or person or group of persons acting
in concert unless otherwise exempted herein.
The major distribution cable used in cable communications, which
divides into feeder lines which are tapped for service to subscribers.
A signal originating from a terminal to the cable system headend
including video, audio or digital signals for either programs or other uses
such as security alert services, etc.
A person or organization utilizing channel or equipment and facilities
for purpose of producing and/or transmission of material, as contrasted with
receipt thereof in a subscriber capacity.
