[HISTORY: Adopted by the Borough Council of the Borough of Glenolden as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-1977 by Ord. No. 804, approved 10-10-1977.[1]]
[1]
Editor's Note: Ordinance No. 1075, adopted 1-18-2000, provided that the nonexclusive franchise granted to Suburban be extended for an additional 10 years. Suburban shall have the option of extending this franchise for an additional five years, unless the Borough gives the company not less than one year's written notice of the intent not to so extend this franchise.
In consideration of the faithful performance and observance of the terms, conditions and reservations hereinafter specified, the Borough Council of the Borough of Glenolden, hereinafter referred to as "Borough," grants the nonexclusive franchise to the Delaware County Cable Television Company, hereinafter referred to as "company," to install, construct, own, operate and maintain a community antenna cable television system and to erect, maintain and operate television transmission and distribution facilities, and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Borough of Glenolden, Delaware County, Pennsylvania, for the purpose of transmission and distribution of audio and visual signals and television energy in accordance with the laws and regulations of the United States of America and the Commonwealth of Pennsylvania, appropriate agencies, the Federal Communications Commission rules and regulations and the ordinances and regulations of the Borough of Glenolden now in effect or hereafter enacted. The company shall observe the following conditions and terms:
A. 
No poles or wires shall be erected, constructed or maintained by the company along public highways which contain neither aerial telephone nor aerial electric facilities or from which both aerial telephone and aerial electric facilities are hereafter removed. Where all other utilities are underground, the company's cable facilities shall be placed underground.
B. 
Where the wires and other aerial facilities of the company are erected, constructed, maintained or operated along or over public highways which contain an aerial electric or telephone pole line or a joint-use electric and telephone pole line, the wires and other facilities of the company shall be supported by attachment to such pole line, but nothing in this subsection shall relieve the company of the duty of securing the consent for such attachment from the owner of such pole line.
C. 
Poles, ducts and other facilities of the company shall be so erected, constructed and maintained as not to interfere with the traffic over the public highways. No new poles shall be erected without prior approval of Borough Council, which approval shall not be unreasonably withheld.
D. 
Poles, lines, cables, ducts and other facilities of the company shall be removed by the company when no longer used or useful for their intended purpose or whenever required by the Borough in connection with any public improvement or other reasonable cause, at company's expense.
E. 
Any public highways, sidewalks and abutting property disturbed or damaged in the erection, construction maintenance or operation of the facilities of the company shall be promptly repaired by the company to the reasonable satisfaction of the Borough Engineer.
[1]
Editor's Note: Resolution No. 8-86, adopted 6-12-1986, reads as follows:
"RESOLVED, that the Borough of Glenolden does hereby consent to the assignment by the Delaware County Cable Television Company of its rights under Ordinance No. 804 of October 10, 1977, to T.V. Power of North County, Inc., a California Corporation, and Community TCI of Ohio, Inc., a New Jersey Corporation, and to a subsequent assignment of Community TCI of Ohio, Inc., of its right, title and interest to Suburban Cable TV Co., Inc.; provided, however, that such subsequent transfer must occur within one year of the date of the 'consent to assignment,' all pursuant to the terms and provisions of a 'consent to assignment' attached to and made a part of this resolution.
"FURTHER RESOLVED, that Resolution No. 5 of 1986 is hereby repealed."
The consent to assignment is on file in the Borough offices.
The company shall substantially complete physical installation of its equipment and facilities within the Borough within five years after receipt of the certificate of compliance from the Federal Communications Commission.
The duration of the rights, privileges and authorities hereby granted shall be 15 years from the date of acceptance of the ordinance by the company; provided that the company shall have the option of extending this franchise for an additional period of 10 years upon application by the company not later than one year prior to the expiration date of the initial fifteen-year franchise, and the option of extending this franchise for an additional period of five years upon application by the company in writing one year prior to the expiration date of the additional ten-year franchise, provided further that such a renewal of this franchise is specifically conditioned upon review and approval by the Borough of Glenolden, at a public proceeding affording due process, of the company's qualifications and performance, the adequacy of the franchise provisions and its consistency with the rules and regulations of the Federal Communications Commission.
This franchise is conditioned and contingent upon the company's filing with the Council its unconditional acceptance of this franchise as set forth in this ordinance and the company's promise to comply with and abide by all the provisions, terms and conditions of this ordinance. Such acceptance and promise shall be in writing, duly executed and sworn to by and on behalf of the company before a notary public or other officer authorized by law to administer oaths, and delivered to the Secretary of the Borough within 30 days after passage of this ordinance.
A. 
The company shall indemnify, hold harmless and defend the Borough, its agents, officers, servants and employees from and against any and all costs, expenses (including reasonable counsel fees), liabilities, losses, damages, suits, actions, fines, penalties, claims or demands of any kind asserted by or on behalf of any person or governmental agency or authority arising out of or in any way connected with any of the following, and the Borough, its agents, servants, officers and employees shall not be liable to the company on account of any of the following:
(1) 
Any failure by the company to abide by, keep or perform any of the terms, conditions or provisions of this franchise.
(2) 
Any failure by the company to comply with any statutes, ordinances, regulations or orders of any governmental authority.
(3) 
Any bodily injury (including death) or property damage arising with respect to this franchise.
(4) 
Any act or activity relating to the granting of this franchise to the company or to the operations conducted thereunder.
B. 
In connection with any suit or other proceeding in which the Borough, its agents, servants, officers and employees shall be made a party, involving this franchise or any act or activity conducted thereunder or relating thereto and which may have any direct effect upon the Borough, its agents, servants and employees, the company, upon written request of the Borough, shall come in and defend such suit on behalf of the Borough, its agents, servants and employees and shall bear all of the costs and expenses relating thereto.
C. 
The company shall maintain throughout the term of this franchise general liability insurance insuring the Borough and the company with regard to all liabilities and contingencies mentioned in Subsection A herein in the minimum amounts of:
(1) 
One hundred thousand dollars for bodily injury or death to any one person.
(2) 
Three hundred thousand dollars for personal injury in any one single accident.
(3) 
Ten thousand dollars property damage for any one single accident.
(4) 
A one-million dollar "umbrella" policy.
D. 
The company shall maintain throughout the term of this franchise a performance bond in favor of the Borough, with a good and sufficient surety approved by the Borough, in the sum of $20,000, conditioned upon the company well and truly performing its several obligations as set forth in this franchise, and providing that in the event of any failure by the company to so perform, the Borough may proceed against the surety either to obtain proper performance of such obligations of the company or to be compensated for the failure of the company to render such proper performance.
E. 
The insurance policy and bond obtained by the company in compliance with this section must be approved by Council, which approval shall not unreasonably be withheld, and such insurance policy and bond shall be filed and maintained with Council during the term of this franchise.
F. 
Neither the provisions of this section nor any bond accepted by the Borough pursuant thereto shall be construed as excusing faithful performance by the company or as otherwise limiting the liability of the company under this franchise.
The company shall render efficient service, make repairs promptly and interruptions, insofar as possible, shall be preceded by notice and shall occur during minimum use of the system. Upon receipt of a complaint of the quality of service, equipment malfunctions and similar matters, the company shall promptly investigate such complaints. Where possible, the company shall investigate such complaints within 24 hours of their receipt. Resolution of such service complaints shall be made promptly. For the purpose of investigation and resolution of regular service complaints, the company shall maintain an agent or a local business office convenient to the Borough. In addition, the company shall maintain a toll-free business telephone for the receipt of complaints and requests for repairs or adjustment.
The company agrees to and shall, upon request of the Borough or the institution involved, extend without charge one primary or standard line available to each fire station, police station, public school, private school, parochial school, public library, municipal building and such public auditorium and institutions as are requested by the Borough in the Borough. Such service shall consist of one television outlet within the building or, in the case of a group of buildings, within the main building of the group, providing service to one television receiver. The company shall not be required to install additional outlets at its expense but shall, at the request of the Borough, install such additional outlets or other facilities as may be requested, and the Borough or the institution involved shall pay the company on a time-and-material basis for such additional installation and shall pay the company in accordance with its schedule of rates as set forth in this ordinance for such additional service.
A. 
In the use and occupation of the surfaces, subsurfaces, space above, below and adjoining the streets, public ways and places of the Borough, the company's equipment and plant and their construction, operation and maintenance shall be in accordance with the provisions of the following:
(1) 
The National Electrical Code of the National Board of Fire Underwriters.
(2) 
The Standards and Practices Code of the National Community Television Association.
(3) 
Such applicable ordinances, codes, laws and regulations of the Borough of Glenolden, County of Delaware, State of Pennsylvania and the United States of America as are now in effect or hereafter enacted.
B. 
Company's equipment and plant shall be kept and maintained in a safe, suitable and substantial condition and in good order and repair so as not to endanger the lives or interfere unreasonably with the rights of persons or to cause physical damage to property or to interfere with improvements the Borough may deem proper or to hinder or obstruct unnecessarily pedestrian or vehicular traffic on streets, public ways and places.
C. 
Where the Borough or a public utility serving the Borough desires to make use of the poles or other wire-holding structures of the company but agreement therefor with the company cannot be reached, the Council may require the company to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if it is determined by Council that the use would enhance the public convenience and would not unduly interfere with the company's operations.
D. 
Company shall, upon not less than 72 hours' advance notice, temporarily raise, lower or relocate its wires and cables to permit the moving of buildings or any other item of bulk, and the expenses incurred by the company in such raising, lowering or relocation shall be paid in advance by the person or concern requesting the same.
E. 
The company shall, at its own cost and expense, replace, restore or repair any private property, street, sidewalk, alley, public way or paved area destroyed or damaged by the company or its agents, employees or servants.
F. 
If at any time during the term of this franchise the Borough shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or when required by reason of traffic conditions, public safety, street vibration, freeway and street construction, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structure or improvements, when acting in a governmental or proprietary capacity, the company, upon reasonable notice by the Borough, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own cost and expense.
It shall be the policy of the Borough to liberally amend this franchise, upon application of the company, when necessary to enable the company to take advantage of any developments in the field of television and radio signals which will afford it an opportunity more effectively, efficiently or economically to service its customers; provided, however, that this section shall not be construed to require the Borough to make any amendment or to prohibit it from unilaterally changing its policy stated herein.
A. 
In the event that the use of any part or all of the CATV system is discontinued for a reason for a continuous period of 12 months, or that such system or property has been installed in any street or public places without complying with the requirements of this franchise, or that the franchise shall have been terminated, canceled or expired for any reason, the company, upon notice, shall promptly remove from the streets or public places all such property and poles of such system, other than any which the Borough may permit to be abandoned in such place, and shall also remove house distribution cables and connections. In the event of such removal, the company shall promptly restore the street or other areas from which such property has been removed to a condition satisfactory to the Borough.
B. 
Upon termination of service to any subscriber, the company shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his request.
The company shall abide by all applicable ordinances of the Borough relating to street and sidewalk work and shall make application accompanied by the required fees for permits to perform any and all such work before commencing same.[1] Upon failure of the company to complete any work required by law or by the provisions of this ordinance to be done in any street within the time prescribed and to the satisfaction of the Borough, the Borough may cause such work to be done and the company shall pay to the Borough the cost thereof in the itemized amounts reported by the Borough to the company within 30 days after receipt of such itemized report.
[1]
Editor's Note: See Chapter 144, Streets and Sidewalks; Art. VII, Excavations in Streets.
The company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage.
A. 
The right given the company shall not be assignable without the prior written approval of the Borough, which approval shall not be unreasonably withheld.
B. 
Any assignment attempted by the company in the absence of such consent shall be ineffective and the right given hereby shall thereby be rendered null and void; provided, however, that the company may assign this franchise and contract and its rights hereunder without such consent to a subsidiary or affiliated corporation owned, controlled or managed by the company, but the company shall remain liable for the performance of its obligations hereunder notwithstanding any such assignment.
Copies of all petitions, applications and communications submitted by the company to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall be made available to the Borough if requested.
A. 
The right is hereby reserved to Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power.
B. 
The Borough shall have the right to inspect the books, records, maps, plans and other like materials of the company at any time during normal business hours.
C. 
The Borough shall have the right, during the term of this franchise, to install and maintain free of charge upon the poles of the company any wire and pole fixtures necessary for a police alarm system or lighting fixtures on the condition that such wire and pole fixtures do not interfere with the CATV operation of the company.
[Amended 7-8-1982 by Ord. No. 866, approved 7-8-1982]
The company's charge for installation of a single residential television cable connection shall not exceed $25, and the charge for cable television for a single residential television cable shall not exceed $7.75 per month. The charge for additional installations in the same residence shall not exceed $10 per additional installation. The charge for cable service for such additional connection in the same residence shall not exceed $3 per month, per additional connection. There shall be no increase in these rates without the express consent of the Borough. The company shall have the option to require a deposit for each set commander provided to the subscriber. Each apartment unit within an apartment building shall be considered a separate residential dwelling and charged accordingly.
[Amended 11-12-1992 by Ord. No. 985, approved 11-12-1992; 5-13-1993 by Ord. No. 996, approved 5-13-1993; 1-18-2000 by Ord. No. 1075, approved 1-18-2000]
A. 
The company shall pay to the Borough 5% of the annual gross receipts. "Gross receipts" shall mean any and all compensation in any form paid by and due or owing by subscribers to the company or any lessee of the company from the distribution of any cable service over the cable system to said subscriber or lessee of the company within the limits of the Borough. All installation charges, reconnection charges, service charges and charges for inspection, repair or modification of installations, all advertising revenue, all sales commissions from all present and any future sales (home shopping) channels and any revenues generated from technologies that are determined by the FCC to be a cable service shall be included in said sum.
B. 
Such fee shall be paid by the company to the Borough in quarterly installments due no later than 30 days following the end of the calendar year quarters ending March 31, June 30 and September 30, and its best effort within 45 days, but no later than 60 days, following the end of the calendar year, ending December 31. With each payment of said fee, upon the request of the Borough, the company shall submit a report of gross receipts for such quarter year, certified by a representative of the company.
C. 
The company shall pay to the Borough a fee on internet access revenues in addition to the franchise fee provided in Subsection A hereinabove. For the purposes of this franchise, "internet access revenues" shall be defined to be those revenues collected for the provision of two-way, high-speed data services to residences within the Borough. The fee on internet access revenues shall be calculated as follows:
(1) 
If there is no other provider of two-way, high speed data services (128 Kbs or greater) to residences within the Borough, then 3% of all internet access revenues received by Suburban for each twelve-month period (payable quarterly on internet access revenues); or
(2) 
At such time as any other provider of two-way, high speed data services is providing such service to residences within the Borough, the franchise fee paid by Suburban on internet access revenues shall be increased or decreased from that provided in Subsection C(1) herein, to equal the franchise fee (if any) or similar use fee or charge based on internet access revenues or similar revenues paid to the Borough by any other such provider or, if there is more than one such provider, to the lower or lowest such franchise fee or similar use fee or charge paid by any such provider; provided, however, that in no event shall Suburban be required to pay a fee in excess of 5% on internet access revenues.
(3) 
If internet access service provided over a cable system is designated a noncable service under applicable law, then payment of a franchise fee on internet access revenue shall not be governed by Subsection C(1) and (2). Payment to the Borough of such fees on internet access revenue shall be governed by federal and state law applicable to revenues of cable systems from such noncable services.
(4) 
Any dispute or controversy arising under or in connection with this provision concerning the fee payable on internet access revenues shall be settled exclusively by arbitration in the Borough, in accordance with the rules of the American Arbitration Association then in effect.
The company agrees not to oppose intervention by the Borough in any suit or proceeding to which the company is a party and which may have a substantial adverse effect on the company's operations within the Borough.
The company shall comply with the present and future rules and regulations of the Federal Communications Commission in connection with and relating to the operation of its system and shall provide a minimum service offering as follows:
A. 
Channel capacity. Company shall construct a system with a minimum channel capacity of 20 television channels and shall maintain a plant having technical capacity for nonvoice return communications.
B. 
Signals to be carried. Company shall carry on its system the signals of all stations significantly viewed in the Borough of Glenolden, Delaware County, and the signals of no less than two distant independent commercial stations as well as the signals of educational stations as may be feasible and permitted under the rules and regulations of the Federal Communications Commission.
C. 
Access channels. Company shall maintain all access channels as required by the Federal Communications Commission. As a minimum, however, unless prohibited by law, the company shall provide public, governmental and educational channels to the Borough to be shared by others.
D. 
The company shall not engage in the sale or rental of television or radio receivers, the furnishing of television or radio receiver repair service or the solicitation or referral to particular persons or classes of persons for such sale, rental or service. The facilities of the company shall not be constructed or operated so as to necessitate the use of a receiver of a unique type for optimum reception of signals. However, nothing contained herein shall be interpreted to prohibit the use of converters or descramblers on the CATV system.
E. 
Program origination. Grantee shall conduct program origination cable casting as required by the Federal Communications Commission.
A. 
The performance by the company hereunder is subject to the limitations, restrictions or requirements now existing or which may henceforth be imposed by law, rules or order of the Federal Communications Commission or any other governmental board, commission or authority of any kind.
B. 
Should the Federal Communications Commission modify or amend the provisions of Section 76.31 of its rules and regulations entitled "Franchise Standards," such modifications or amendments shall be incorporated into this franchise within one year of the adoption of the modification or amendment or at the time of the renewal at the expiration of the franchise pursuant to the terms and provisions hereof.
The Borough shall have the right to rescind or revoke the rights herein granted upon any substantial violation by the company of any of the obligations and requirements contained herein, after written notice by the Borough to the company and continuation of such violation, failure or default.
A. 
Such written notice to the company shall specify the manner in which the company is in violation, failure or default with respect to the franchise.
B. 
The notice given by the Borough shall give the company a specified, reasonable amount of time within which to correct the violation, failure or default, but in no event shall the time period be less than 30 days from the date of receipt of the notice to the company.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
The Borough and the executive officers of said Borough and the departments and bureaus of the Borough shall issue to the company in the name of the Borough all permits necessary or convenient to evidence the grant of the franchise herein and to implement the provisions of this ordinance.
Company shall make application to the Borough and pay all fees for any and all street work permits as required by Borough ordinances.[1]
[1]
Editor's Note: See Chapter 144, Streets and Sidewalks; Art. VII, Excavations in Streets.
Company shall supply Borough annually with a letter signed by the president of the company certifying compliance with Federal Communication Commission regulations and with this ordinance.
Ordinance No. 675 and all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed to the extent of such conflict.
[Adopted 10-19-1999 by Ord. No. 1068, approved 10-19-1999; amended in is entirety 2-17-2015 by Ord. No. 2104, approved 2-17-2015]
A. 
In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, the nonexclusive right (hereinafter referred to as "franchise") is hereby granted to RCN Telecom Services of Philadelphia, LLC (hereinafter referred to as "RCN" or "the company") to construct, own, operate and maintain a cable television system and to erect, maintain and operate television transmission and distribution facilities and additions thereto in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Borough of Glenolden, Delaware County, Pennsylvania, and subsequent additions thereto, for the purpose of reception, transmission, collection, amplification, origination, distribution and/or redistribution of signals in accordance with the laws and regulations of the United States of America, the Commonwealth of Pennsylvania, the Federal Communications Commission (the "FCC") and the ordinances and regulations of the Borough of Glenolden, now in effect or hereafter enacted. The duration of the rights, privileges and authorities hereby granted shall be 10 years from the date of acceptance of this ordinance by the company, provided that the company shall have the option of extending this franchise for an additional term of five years unless the Borough gives the company not less than one year's written notice of the intent not to so extend this franchise.
B. 
Renewal.
(1) 
During the six-month period which begins with the 36th month before the franchise expiration, the Borough may on its own initiative, and shall, at the request of the company, commence proceedings which afford the public appropriate notice and participation for the purpose of:
(a) 
Identifying the future cable-related community needs and interest.
(b) 
Reviewing the company's performance under the franchise. Upon completion of the above proceeding, the company may submit a proposal for renewal.
(2) 
A four-month period shall be allowed for determining the company's eligibility for franchise renewal. The Borough shall consider the company's annual reports to the Borough, the Federal Communications Commission and the Commonwealth, if such is required, and these shall be considered in light of cable television industry performance on a national basis in respect to technical developments and performance, programming, costs of service and the particular requirements set out in this ordinance. After a public hearing, duly advertised, the Council shall make recommendation, in writing to the Borough for renewal of the franchise without change in contract, renewal with amendment(s) to the contract or termination of the franchise. In the latter instance, the specific reasons for nonrenewal of the franchise are to be stated.
There is hereby granted the further right, privilege and authority to the company to lease, rent, subscribe to service or in any other manner obtain the use of towers, poles, lines, cable, facilities, services, licenses and franchises within the limits of the Borough of Glenolden, Pennsylvania, including the Bell Telephone Company of Pennsylvania and the Philadelphia Electric Company and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the Borough, so long as such future ordinances and regulations of the Borough do not materially adversely affect the rights granted herein. The poles used for the company's distribution system shall be those erected and maintained by the telephone or electric companies when and where practicable, provided that mutually satisfactory rental ordinances can be entered into with said companies.
A. 
The company shall have the right and privilege to construct, erect, operate and maintain in, upon, along, above, across, over and under the streets such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to its system, provided that all appropriate permits from the Borough are obtained in advance of any activity that requires a permit including, but not limited to, the individual permits that are issued for the location of such poles subject to the approval of the affected homeowner and the Borough in conjunction with the Borough Council and, in addition, so to use, operate and provide similar properties rented or leased from other persons, firms or corporations for such purpose. In addition, the company shall be required to provide seven days' advance notification of construction activity to affected property owners.
B. 
The company's rights and privileges shall be subordinated to any prior lawful use of occupancy of the streets or other public property and shall not be so used as to interfere with existing improvements or with new improvements this Borough may deem proper to make or as to hinder or obstruct the free use of the streets, alleys, bridges or other public property. In the event that any equipment or facilities of the company shall interfere with any such improvement existing or intended to be made by the Borough, the company shall, upon reasonable notice from the Borough, forthwith relocate said equipment and facilities at the company's expense so as to eliminate said interference.
C. 
Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, 1993 (NED-70), or any amendments or revisions thereof and in compliance with any applicable rules, regulations or orders now in effect or hereafter issued by any federal or state commission or any other public authority having jurisdiction.
D. 
All installations of equipment shall be durable or of a permanent nature and installed in accordance with good engineering practice as outlined by the National Bureau of Standards, American Institute of Electrical Engineers and American Society of Mechanical Engineers. The company shall comply with all Borough regulations, ordinances and state and federal laws now existing or hereinafter enacted so as not to interfere with the right of the public or individual property owner and so as not to unduly interfere with the travel and use of public places by the public during the construction, repair or removal thereof.
E. 
In the construction, conduct, maintenance and operation of its business, the company shall comply with all requirements of Borough ordinances, resolutions, local laws, rules, regulations and specifications heretofore or hereafter enacted or established, including but not limited to those concerning street work, street excavation, use and removal and relocation of property within a street.
F. 
If the company, in the exercise of its franchise, shall disturb any lawn or landscaped area, pavement, sidewalk, street, driveway, public way or other surface, it shall, at its own expense and in a manner approved by the Borough, replace and restore such areas so disturbed in as like a condition as before the work was commenced.
G. 
Restoration on private property shall be conducted in a timely and professional manner. The restored area or surface shall be in a like condition as was present prior to the disturbance by the company. The company shall not be liable for any defacement of or damage to customer's premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by negligence or willful misconduct of the company's agents or employees.
The franchise granted herein grants the company the right to install and operate a cable system, and does not take the place of any other franchise license or permit which may be required by law or ordinance or regulation.
In all areas of the Borough where cables, wires or other like facilities of public utilities are placed underground, the company shall place its cables, wires or other like facilities underground.
The company shall grant to the Borough, free of expense, joint use of any and all poles owned by it for any proper Borough purpose, provided that it may be done without interfering with the free use and enjoyment of the company's own facilities and provided that the Borough does not compete with the company.
In case of any emergency or disaster, the company shall, upon request of the Borough or its civil defense authority, make its facilities and personnel available to the Borough or said authority during the emergency or disaster period without charge and in accordance with the federal Emergency Alert System (EAS) regulations as promulgated by the FCC.
In lieu of maintaining an office and studio in the Borough, the company shall install a television monitor and state of the art character generator and videocassette recorder in the Municipal Building and shall maintain the necessary equipment to provide exclusive use of one channel for Borough residents only.
A. 
The company shall construct and operate a cable system and render service to all subscribers consistent with all applicable rules and regulations of the FCC and any other applicable laws, rules or regulations of municipal, state or federal agencies having jurisdiction over such matters.
B. 
The company shall comply with all FCC requirements that pertain to signal leakage performance criteria, and provide a timely response and repair at no charge for all complaints from non-cable customers who are experiencing impaired reception caused directly by the transmission of the company's cable system.
C. 
The company shall provide same-day service response, on any normal working day, for all complaints and requests for adjustments received before 12:00 noon. Calls received after 12:00 noon must be responded to within 24 hours. After 12:00 noon on Saturdays or Sundays and holidays, customers with problems must have a callback by 12:00 noon the next working day. Twenty-four-hour emergency service will always be available for the following: loss of channels for the entire cable system, downed lines blocking streets or sidewalks, cable causing a dangerous situation to pedestrians or traffic, or when five or more calls come from the Borough due to loss of signal or impaired picture quality. Upon failure to remedy a loss of service attributable to the cable system within 24 hours after a complaint, if requested, the company shall credit 1/30 of the regular monthly charge to the subscriber for each 24 hours or fraction thereof, until service is restored.
D. 
The company shall have the work done between the hours of 7:00 a.m. and 12:00 noon whenever possible, anytime there is a loss or interruption of service to more than 500 subscribers caused by the company. Whenever the company has a planned outage due to maintenance of the system, for a period of 24 hours or more, the company shall credit to the subscriber's account 1/30 of the monthly subscription fee. The requirements for maintenance of equipment contained in this provision shall not apply to a subscriber's television set.
E. 
The company shall keep a log and, at the request of the Borough, file a copy thereof at the end of each quarter with the Borough listing by category all complaints and trouble calls received, the number of second or subsequent calls on the same complaint, the remedial action taken and the period of time required to satisfy each reported complaint. The Company shall maintain and make available upon request a list of credits with the Borough, when available.
F. 
The company shall be required to interconnect its cable system, to facilitate the carriage of public, educational and government access channels, with any other franchised cable company operating in the Borough. Such interconnection shall be made within 60 days of a request by the Borough. The company may request and the Borough may grant reasonable extension of time for the company to comply with this requirement.
G. 
The company shall have a representative attend meetings of the Borough or any other meetings when requested.
A. 
The company shall pay to the Borough 5% of the annual gross receipts. "Gross receipts" shall mean any and all compensation and other considerations in any form paid by and due or owing by subscribers to the company or any lessee of the company from the distribution of any cable service over the cable system to said subscriber or lessee of the company within the limits of the Borough. All installation charges, reconnection charges, service charges and charges for inspection, repair or modification of installations, all advertising revenue, all sales commissions from all present and future sales channels, and any revenues generated from technologies that are determined by the FCC to be a cable service shall be included in said sum.
B. 
While the company is in the process of franchising in the various municipalities in the County of Delaware, should any other municipality in said county receive a better fee package in any franchising ordinance than that set forth in Subsection A above, the Borough shall automatically be entitled to receive, and the company shall be obligated to pay, the higher fee upon adoption by the Borough of an ordinance with the higher fee set forth therein.
C. 
The company shall provide and file with the Borough annual certified audited financial statements. The company shall also make available to the Borough, upon request, all documents necessary for the Borough to determine whether or not the company is fulfilling its obligations. Such documentation shall include but not be limited to maps, plans, a schedule of proposed installation, certificates of insurance and performance bonds. The company shall notify the Borough of any material alteration or change of insurance coverage within seven to 30 days in advance of said change.
D. 
Within the second year of this franchise term, the Borough shall be permitted to conduct an audit of the company's records to ascertain whether the company is in compliance with the financial terms and provisions of this ordinance. The company shall be responsible for the payment of the Borough's auditor's reasonable fees.
E. 
The company is required to file quarterly reports, including but not limited to the franchise fee payment worksheet (to be provided by the Borough) within 15 days of quarter's end which present earned revenue. On a quarterly basis, the company shall pay 100% of the fees to the Borough. The Borough Manager/Secretary or his/her representative shall have the right to examine or have examined the books and records of the company to assure compliance with the terms and provisions of this ordinance, such cost to be paid by the company. Noncompliance with the aforementioned will result in a penalty of 10% on moneys due for that quarter.
F. 
The company shall keep on file with the Borough a current list of its stockholders, bondholders, owners and partners and the holdings thereof.
A. 
This franchise right is a privilege to be held in personal trust by the original grantee. It cannot be transferred, leased, assigned or disposed of as a whole or in part, either by forced sale, merger, consolidation or otherwise, without first offering to transfer, lease, assign or dispose of in whole or in part to the Borough by giving written notice to the Borough. The Borough shall have 120 days to accept said offer under the same terms and conditions as the offer received by the company. In the event that the Borough does not accept the offer, the franchise cannot be transferred, leased, assigned or disposed of, as a whole or in part either by forced sale, merger, consolidation or otherwise, without the prior consent of the Borough expressed by this ordinance, which consent shall not be unreasonably withheld.
B. 
Notwithstanding the foregoing, the Borough's consent to transfer shall not be required in the event of a transfer or assignment of this franchise to a parent, subsidiary or affiliated entity that has control, is controlled by or under the same control as the original grantee, subject to the company providing notice to the Borough at least 30 days in advance of such transfer. In this event, the Borough shall not be afforded the right of first refusal.
Upon request by a subscriber for termination of service and such termination is not due to nonpayment for service, the company shall promptly:
A. 
Remove all personal property and/or equipment, including but not limited to converters and remote controls .
B. 
Disconnect cable or wiring into the subscriber's premises either at the point of entry or at a feed point from cable tap.
C. 
Refund payment made in advance for service. The refund of advance payment should be calculated based upon an effective termination date, which shall be the date which occurs first that is the actual date of termination of service into the premises, or seven days after a request is made by the customer to discontinue service. If the company has the capability of discontinuing service without visiting the premises, then the effective date of termination shall be the day the customer requests termination of service.
D. 
Promptly return security deposits, if any, upon the customer returning equipment for which deposit is applicable.
E. 
Submit final statement of account to customer within 45 days of voluntary termination of service.
F. 
The company shall not impose a termination charge or fee to a customer who requests termination of service. The company shall not be required to remove cable or wiring from either the inside or outside of subscriber premises. However, upon request from the subscriber, the company must remove aerial cable or wiring from only the exterior of the customer's property.
At the expiration of the term for which this franchise is granted or upon its termination and cancellation as provided for herein, the Borough shall have the right to require the company to remove at its own expense all aboveground portions of the system from all public ways within the Borough.
The company will file with the Borough true and accurate copies of as-built maps and schedules of any major construction. This provision is not intended to waive or alter the filing of any maps, plans or schedules as required for permits or any approvals from the Borough.
A. 
Notice of violation. In the event the Borough believes the grantee has not complied with the terms of this ordinance, it shall notify the grantee in writing, by certified or registered mail, of the exact nature of the alleged noncompliance.
B. 
Grantee's right to cure or respond. The grantee shall have 30 days from receipt of the notice described in Subsection A to respond to the Borough contesting the assertion of noncompliance, and to cure such default or, in the event that by the nature of default, such default cannot be cured within the thirty-day period, request permission from the Borough for additional time in which to take reasonable steps to remedy such default, and such permission shall not be unreasonably withheld. In the event the grantee contests the assertion of noncompliance in a timely manner, then the time specified to cure the alleged default shall be stayed or tolled pending a hearing before the Borough Council. In the event the Borough Council affirms the assertion of noncompliance following a hearing affording the grantee the opportunity to be heard, then the grantee shall have 30 days within which to cure such default.
C. 
Force majeure. If for any reason of force majeure either party is unable in whole or in part to carry out its obligations hereunder, said party shall not be deemed in violation or default during the continuance of such inability. Unless further limited elsewhere in this ordinance, the term "force majeure" as used herein shall have the following meaning: strikes; acts of God; acts of public enemies; orders of any kind of the government, of the United States of America or of the Commonwealth of Pennsylvania or any of their departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; volcanic activity; storms; entire failure of utilities; or any other cause or event not reasonably within the control of the party affected.
D. 
Cancellation of franchise.
(1) 
In addition to all other rights and powers pertaining to the Borough by virtue of this ordinance or otherwise, the Borough reserves the right to terminate and cancel the franchise hereby granted and all rights and privileges of the company hereunder in the event that the company:
(a) 
Violates any material provision of this ordinance or any rule, order or determination of the Borough or Borough Council made pursuant to this ordinance.
(b) 
Becomes insolvent or unable or unwilling to pay its debts or is adjudged as bankrupt.
(c) 
Violates any federal or Pennsylvania law or regulation .
(2) 
Such termination and cancellation shall be by written notice to the company from the Borough Council, provided the provisions of § 165-41 herein have been followed, and shall in no way affect any of the Borough's rights under this franchise or any provision of law.
This ordinance and the rights granted to the company shall become effective upon execution of a contract between Glenolden Borough and the franchisee, binding both parties to abide by all conditions of this ordinance.
A. 
The company shall pay and by its acceptance of this franchise the company specifically agrees that it will pay all damages and penalties which the Borough may legally be required to pay as a result of granting the franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of the installation, operation or maintenance of the cable system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this ordinance.
B. 
The company shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the Borough in defending itself with regard to all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses such as reasonable attorneys' fees and shall also include the reasonable value of any services rendered by the Borough Solicitor or his assistants or any employees of the Borough.
C. 
The company shall maintain and by its acceptance of this franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the Borough and the company with regard to all damages mentioned in Subsection A above in the minimum amounts of:
(1) 
The company shall provide evidence of workmen's compensation and vehicle insurance from a carrier with an A.M. Best rating of "A" or better.
(2) 
Comprehensive general liability insurance shall be written on an occurrence basis with a combined single limit of no less than $1,000,000 for bodily injury, property damage and personal injury.
D. 
The Company shall maintain and by its acceptance of this franchise specifically agrees that it will maintain through the term of this franchise a faithful performance bond running to the Borough in the penal sum of $25,000 conditioned that the company shall well and truly observe, fulfill and perform each term and condition of this ordinance and that, in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the Borough for all damages resulting from the failure of the company to well and faithfully observe and perform any provision of this ordinance.
E. 
The insurance policy and bond obtained by the company in compliance with this section must be written by an insurance company with an A.M. Best rating of "A" or better and shall be approved by the Borough Council and a certificate of insurance as evidence of the company's insurance policy and the performance bond, including written evidence of the payment of required premiums, shall be filed and maintained with the Borough Manager/Secretary during the term of this ordinance.
F. 
All expenses of the above-noted insurance and bond shall be paid by the company.
The company shall:
A. 
Provide each school designated by the Borough, fire station, public library and Borough building, and such public auditoriums and institutions as are requested by the Borough with a single drop and basic service without charge. Additional drops and service will be charged to the facility by the company at cost to the company of time and material only.
B. 
Comply with the present and future rules and regulations of the FCC in connection with and relating to the construction, operation and maintenance of its cable system.
C. 
Education access channel. The company shall maintain one specially designated channel for use by the Interboro School District and provide at no cost a character generator for its exclusive use.
D. 
Local government access channel. The company shall maintain one specially designated channel for Glenolden Borough municipal use at the Borough Building or other place the Borough may designate and provide at no cost a character generator and television monitor for their exclusive use.
E. 
Public access/leased access channel. The company shall maintain at least one specially designated, noncommercial public access/leased access channel available on a first-come, nondiscriminatory basis. In addition, other portions of its non-broadcast bandwidth, including unused portions of the specially designated channels, shall be available for leased uses. On at least one of the public access/leased channels, priority shall be given to part-time users.
F. 
At no time shall the company monitor the viewing habits of its customers without the express permission of said customers. Pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 hereinafter referred to as the "Cable Act," all personally identifiable information is used solely for the normal business purpose of offering and rendering cable television service to the customer. The company will not disclose personally identifiable information without permission of the customer.
G. 
Make its best effort to carry on its system the signals of all stations significantly viewed in Delaware County, Pennsylvania, these to include all local network and education VHF stations and local UHF stations, and in addition, no less than two distant commercial stations.
H. 
Continue to provide, without charge to the Borough, the company's high-speed Internet access service at up to five locations within the Borough Building. Such locations shall be determined by the Borough Manager/Secretary.
I. 
Supply and install, at no cost to the customer, a closed-captioned device when requested by the hearing impaired.
The company shall make cable service available, when permitted by the property owner, to all residents in private housing in the Borough subject to all provisions of this ordinance.
The company must obtain a permit from the Borough to provide segments of subscribers any specialized service that will not be available to all subscribers. All requests shall demonstrate that the service is not contrary to the public interest and will not affect the company's ability to deliver service to other users and subscribers.
A. 
The Borough shall not prohibit or limit any program or any class or type of program or otherwise control the communications or signals transmitted by the company or impose discriminatory or preferential fees in any manner that would tend to encourage or discourage programming of any particular nature, directly or indirectly, and shall not promulgate any regulation that would interfere with the right of free speech by means of the company's provision of cable television services.
B. 
The company shall not prohibit or limit any program or class or type of program presented over a leased channel or any channel made available for public access or educational purposes.
In the event of expiration, cancellation or transfer of the franchise, the company shall be required to continue to operate the system until an orderly change of operation is effectuated, and shall be subject to an accounting for net earnings or losses during this interim period.
A. 
The company was represented throughout the negotiations of the franchise by its own attorneys and has had opportunity to consult with its own attorneys about its rights and obligations regarding the franchise. In consideration of the grant of the franchise to the company, the company hereby waives any claim which it may have with respect to the issuance of and/or the terms and conditions of the franchise ordinance. In consideration of the grant of the franchise to the company, the company also releases the Borough and any of its elected officials, employees, representatives, agents, servants, including attorneys, from any claims it may have, known or unknown; including, without limitation, claims arising under Pennsylvania Law, the Cable Act, the ordinance and Charter of the Borough of Glenolden and/or the requirements of federal, state or municipal law, including the Constitutions of the United States and of Pennsylvania. However, the foregoing release shall not apply to any claims which the company may have with respect to the terms and conditions of this ordinance where substantially the same terms and conditions of other cable television franchises have been held invalid by a binding and final judgment of the United States or Pennsylvania Supreme Courts.
B. 
The company shall compensate the Borough Solicitor reasonable attorney's fees for services rendered on behalf of the Borough in connection with this ordinance up to a maximum of $5,000.
A. 
The Company shall indemnify and hold the Borough and its agents harmless at all times during the term of this franchise from any and all claims alleged to be caused by the Company's construction, installation, operation or maintenance of any structure, equipment, wire or cable authorized to be installed pursuant to the franchise or in the exercise of any of its rights under this franchise. Upon receipt of notice in writing from the Borough, the company shall at its own expense defend any such actions or proceedings. Indemnified expenses shall include, without limitation, all out-of-pocket expenses, such as reasonable attorneys' fees; and
(1) 
Requests for relief arising out of any claim for invasion of the right of privacy for defamation of any person, firm or corporation; for the violation of infringement of any copyright, trademark, trade name, service mark or patent; or of any other right of any person or corporation, excluding claims arising out of or relating to the Borough's own programming and leased access; and
(2) 
Any and all claims arising out of the company's failure to comply with the provisions of this franchise ordinance or any federal, state or local law, ordinance or regulation applicable to the company or the CATV System; and
(3) 
Any and all claims which the company may now or hereafter have or claim to have against the Borough, its servants, agents, attorneys, representatives, employees or officials, due to or arising out of damage to any of the company's property or equipment, including, without limitations, the resulting or consequential loss of income, injury to reputation, or any other resulting or consequential damages of any kind, caused by or resulting from negligent acts or omissions of the Borough or any of its servants, agents, attorneys, representatives, employees or officials; and
(4) 
Any and all disputes arising out of a claim wherein damages or other relief is sought as a result of the Borough's cable communications franchising procedure or as a result of the renewal of the cable communications franchise, or as a result of the Borough's award or failure to award a franchise to any other person, partnership, corporation or other legal entity.
B. 
If suit be brought or threatened against the Borough, either independently or jointly with the company, arising out of the company's installation, construction, operation or maintenance of the cable television system, or with any other person or municipality, the company, upon notice given by the Borough, shall defend the Borough at the cost of the company. If final judgment is obtained against the Borough, either independently or jointly with the company or any other defendants, the company shall indemnify the Borough and pay such judgment with all costs and satisfy and discharge the same.
C. 
In order for the Borough to assert its rights to be indemnified, defended or held harmless, the Borough must:
(1) 
Promptly notify the company of any claim or legal proceeding which give rise to such right;
(2) 
The Borough shall afford the company the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding, unless, however, the Borough, in its sole discretion, determines that its interests cannot be represented in good faith by the company; and
(3) 
The Borough shall fully cooperate with the reasonable requests of the company in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to Subsection C(2) above.
D. 
The Borough reserves the right to cooperate with the company and participate in the defense of any litigation either through intervention or otherwise. The company shall pay upon receipt of written demand from the Borough all expenses incurred by the Borough in defending itself with regard to any matters in this section. These expenses shall include, but not be limited to, attorneys' fees and the reasonable value of services (as determined by the Borough) rendered by the Borough or any of its employees, officials, attorneys, servants, agents or representatives.
E. 
The Borough is in no manner or means waiving any governmental immunity it may enjoy or any immunity for its agents, officials, servants, attorneys, representatives and/or employees .
F. 
The company shall make no settlement in any matter identified above without the Borough's written consent, which shall not be unreasonably withheld. Failure to inform the Borough of settlement shall constitute a breach of this franchise ordinance and the Borough may seek any redress available to it against the company.
G. 
If the Borough awards any additional communications franchise in any future franchise process to a firm other than the company, then the company agrees that it will not bring, or cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the Borough, its elected officials, officers, boards, commissions, employees, representatives, servants, agents or attorneys for any award of a franchise made in conformity with this ordinance, Pennsylvania Law, the Cable Communications Policy Act of 1984, Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996.
H. 
All rights of the Borough pursuant to indemnification, insurance, letter of credit or performance bond(s), as provided for by this ordinance, are in addition to all other rights the Borough may have under this ordinance or any other ordinance, rule, regulation or law.
I. 
The Borough's exercise of or failure to exercise any rights pursuant to any section of this ordinance shall not affect in any way the right of the Borough subsequently to exercise any such rights or any other right of the Borough under this ordinance or any other ordinance, rule, regulation or law.
J. 
It is the purpose of this section to provide maximum indemnification to the Borough under the terms and conditions expressed and, in the event of a dispute, this section shall be construed (to the greatest extent permitted by law) to provide for the indemnification of the Borough by the company.
In connection with its cable services and the terms and conditions of this ordinance, the company shall, within 60 days after the effective date of this ordinance, provide the Borough a one-time franchise grant in the amount of $2,500.
A. 
To the extent that the Federal Communications Commission shall terminate controls in any area pertinent to this ordinance, this ordinance may be amended by the Borough Council with the consent of the company.
B. 
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdings shall not affect the validity of the remaining portions hereof.
For the purpose of this ordinance, all terms, phrases, words and their derivations shall have the meanings set forth in the Cable Act unless the context clearly indicates that another meaning is intended.