A. 
A written application shall be filed with the township for grant of an initial franchise; renewal of a franchise under either the formal, or informal procedures in accordance with Section 626 of the Cable Act, 47 U.S.C. § 546; or modification of a franchise agreement pursuant to this ordinance or a franchise agreement. An applicant has the burden to demonstrate in its application compliance with all requirements of this ordinance and all applicable laws.
B. 
To be acceptable for filing, a signed original of the application shall be submitted together with five copies. The application must be accompanied by the required application filing fee as established by resolution of the Board of Supervisors, which fee shall not exceed $1,000, including the township's attorneys' fees and consultants costs. The application shall further conform to any applicable request for proposals and all required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
C. 
All applications accepted for filing shall be made available by the township for public inspection.
A. 
A person may apply for an initial franchise by submitting a request for issuance of a Request for Proposals (RFP) and requesting an evaluation of that proposal pursuant to Subsection D hereof. Upon receipt of a request for an RFP from an applicant seeking a franchise to provide cable service and/or telecommunications service, the township shall commence a proceeding to identify the relevant future needs and interest of the community and, upon completion of that proceeding, shall promptly issue an RFP and proposed franchise agreement, which shall be mailed to the person requesting its issuance and made available to any other interested party. The applicant shall respond within the time directed by the township, providing the information and material set forth in Subsection C. hereof. The procedures, instructions and requirements set forth in the RFP shall be followed by each applicant as if set forth and required herein. The Township Manager, or his/her designee, shall be authorized to seek additional information from any applicant and to establish deadlines for the submission of that information.
B. 
Notwithstanding the provisions of Subsection A above, a person may apply for an initial franchise by submitting an unsolicited proposal and requesting an evaluation of that proposal pursuant to Subsection D hereof.
C. 
An RFP for the grant of an initial franchise shall require, and an unsolicited proposal shall contain, at minimum, the following information:
(1) 
Name and address of the applicant and identification of the ownership and control of the applicant, including the names and addresses of the 10 largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with 5% or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest in each named person.
(2) 
A demonstration of the applicant's technical ability to construct and/or operate the proposed cable system, including identification of key personnel.
(3) 
Legal qualifications.
(a) 
A demonstration of the applicant's legal qualifications to construct and/or operate the proposed cable system, including but not limited to a demonstration that the applicant meets the following criteria:
[1] 
The applicant must not have submitted an application for an initial or renewal franchise to the township which was denied on the ground that the applicant failed to propose a cable system meeting the cable-related needs and interests of the community, or as to which any challenges to such franchising decision were finally resolved adversely to the applicant, within three years preceding the submission of the application.
[2] 
The applicant must not have had any franchise validly revoked by any franchising authority within three years preceding the submission of the application.
[3] 
The applicant must have the necessary authority under Pennsylvania law to provide cable service and/or telecommunications service, as appropriate.
[4] 
A franchise will not be issued to an applicant that may not hold the franchise as a matter of law. An applicant must have, or show that it is qualified to obtain, the necessary federal licenses or waivers required to operate the cable system proposed.
[5] 
The township may, in its sole discretion, refuse to issue a franchise if, at any time during the 10 years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the township and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering or other similar conduct.
[6] 
An applicant shall not be issued a franchise if it files materially misleading information in response to an RFP issued by the township or intentionally withholds information that the applicant lawfully is required to provide.
[7] 
An applicant shall not be issued a franchise if an elected official of the township holds a controlling interest in the applicant or an affiliate of the applicant.
(b) 
Notwithstanding the foregoing, the township shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise under Subsection C(3)(a)[2] or [5] by virtue of particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom, the lack of involvement of the applicant's principals or the remoteness of the matter from the operation of cable systems.
(4) 
A statement prepared by a certified public accountant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed.
(5) 
A description of the applicant's prior experience in cable system ownership, construction and operation, and, if cable service is proposed, identification of communities in which the applicant or any of its principals have or have had a cable television franchise or license or any interest therein.
(6) 
Identification of the area of the township to be served by the proposed cable system, including a description of the proposed franchise area's boundaries.
(7) 
A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, head end and access facilities.
(8) 
Where applicable a description of the construction of the proposed cable system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits, including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities.
(9) 
The proposed rate structure, including projected charges for each service tier, installation, converters and other equipment or services, as applicable.
(10) 
If cable service is proposed, demonstration of how the applicant's proposal to provide cable service will reasonably meet the future cable-related needs and interests of the community, including descriptions of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the township, and how the proposal will provide adequate public, educational and governmental access channel capacity, facilities or financial support to meet the community's needs and interests.
(11) 
Pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.
(12) 
If an applicant proposes to provide Cable Service to an area already served by an existing cable service franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area that would encompass the overbuild and the ability of the streets to accommodate an additional cable system.
(13) 
Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this ordinance.
(14) 
Information that the township may request of the applicant that is relevant to the township's consideration of the application.
(15) 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments and certifying that the proposal meets all federal and state law requirements.
D. 
In evaluating an application for an initial franchise seeking authority to provide cable service and/or telecommunications service, the township shall consider, among other things, the following factors:
(1) 
The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing franchise for the township.
(2) 
Whether the quality of the applicant's service under an existing franchise in West Goshen Township, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served.
(3) 
Whether the applicant has the financial, technical and legal qualifications to provide cable service.
(4) 
Whether the applicant's proposal is reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests.
(5) 
Whether, to the extent not considered as part of § A87-5D(4) of this article, the applicant will provide adequate public, educational, and governmental access channel capacity, facilities or financial support.
(6) 
Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public rights-of-way and private property which would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, the public rights-of-way; the effect of granting a franchise on the ability of the cable system to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing proposals.
(7) 
Whether the applicant or an affiliate of the applicant owns or controls any other cable system in the township, or whether grant of the application may eliminate or reduce competition in the delivery of cable service or telecommunications service in the township.
E. 
If the township finds that it is in the public interest to issue a franchise considering the factors set forth above, it shall issue a franchise, subject to the applicant's entry into an appropriate franchise agreement. If the township denies a franchise, it shall issue a written decision explaining why the franchise was denied. Prior to deciding whether to issue or not to issue a franchise, the township may hold one or more public hearings or implement other procedures under which comments from the public on an applicant's proposal may be received. The township also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application which is incomplete or fails to respond to an RFP. This ordinance is not intended and shall not be interpreted to grant any applicant or existing franchisee standing to challenge the issuance of a franchise to another.
F. 
If the township grants a franchise subject to the applicant's entry into a franchise agreement, the township and the franchisee shall agree on the terms of a franchise agreement within 30 calendar days from the date of the township resolution granting the franchise. This period may be extended for good cause by the township. If agreement is not reached with the township within 30 calendar days from the date of the township resolution granting the franchise, or if the period is not extended by the township, the franchise will be null and void without further action by the township. The township shall approve or disapprove the proposed agreement by resolution, or may direct that it be subject to further negotiation.
Renewal franchise authorizing the provision of the cable service shall be conducted in a manner consistent with Section 626 of the Cable Act, 47 U.S.C. § 546. If neither the franchisee nor the township activates or can activate the renewal process set forth in 47 U.S.C. § 546(a)-(c) (including, for example, if the provisions are repealed), the provisions of § A87-5 of this article shall apply and a renewal request shall be treated the same as a request for an initial franchise. The following additional requirements shall apply to all applicants seeking renewal after the effective date of this ordinance where the procedures set forth in 47 U.S.C. § 546(a)-(c) are activated:
A. 
Within six months after receipt of notice from a franchisee that has invoked the renewal procedures of Section 626 of the Cable Act, the township shall undertake a proceeding, including notice to and opportunity for participation by, the public, for the purpose of identifying future cable-related community needs and interests, including the costs of meeting such needs and interests, and reviewing compliance by the franchisee with the then current franchise. Such proceeding shall be completed within 12 months from the date begun. The township shall submit a copy of its findings, if any, in writing to the franchisee within said twelve-month period.
B. 
Upon the expiration of the twelve-month period set forth in Subsection A above, the franchisee may submit to the township a proposal for renewal.
C. 
Upon receipt of the renewal application, the township shall publish a notice of its receipt once in a newspaper of general circulation within the township and make copies available for review by the public.
D. 
Within four months of the date it receives the proposal for renewal, and based on the standards set forth in § A87-5D of this article, the township will either:
(1) 
Pass a resolution agreeing to renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the township and the franchisee; or
(2) 
Pass a resolution that makes a preliminary assessment that the franchise should not be renewed;
(3) 
Provided that, if the township and a franchisee cannot reach a franchise agreement within four months after the proposal is received, such passage of time shall constitute and be deemed a preliminary assessment that the franchise should not be renewed.
E. 
If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee, the township will commence a proceeding in accordance with Section 626(c) of the Cable Act, 47 U.S.C. § 546(c) to address the issues set forth in Section 626(c)(1)(A)-(D) of the Cable Act, 47 U.S.C. § 546(c)(1)(A)-(d).
F. 
If renewal of a franchise is denied, the township may acquire ownership of the cable system or effect a transfer of ownership of the system to another person upon approval of the Board.
G. 
If renewal of a franchise is denied and the township does not purchase the cable system or approve or effect a transfer of the cable system to another person, the township may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the township may have the removal done at the former franchisee's and/or surety's expense.
H. 
To the extent that any of the substantive provisions of this ordinance are inconsistent with Section 626 of the Cable Act, 47 U.S.C. § 546, they shall not apply.
An application for modification of a franchise agreement shall include, at minimum, the following information:
A. 
The specific modification requested.
B. 
The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through inter alia, submission of financial pro formas.
C. 
A statement whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545 and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545.
D. 
Any other information that the applicant believes is necessary for the township to make an informed determination on the application for modification.
E. 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application and certifying that the application is consistent with all federal and state law requirements.
To be acceptable for filing, an application for the grant, modification or renewal of a franchise submitted after the effective date of this ordinance shall be accompanied by a filing fee as established by resolution of Board of Supervisors, which fee shall not exceed $1,000, including the township's attorneys' fees and consultants' costs.
A franchise to construct, operate and maintain a cable system and/or cable service shall be granted only pursuant to and in compliance with the terms and conditions of this ordinance. Such terms and conditions shall be subordinate to all applicable provisions of state and federal laws, rules and regulations. If the township approves the RFP and votes to enter into a franchise agreement with the applicant, the applicant shall be bound by all future ordinances and regulations of the township, including any ordinances and regulations governing cable communications, except to the extent that any such future ordinances or regulations increase or expand the franchisee's obligations under the franchise agreement.
Upon acceptance of the franchise, a franchisee shall be bound by all of the terms and conditions of this ordinance and all future revisions of this ordinance and any other ordinances or regulations enacted subsequent hereto pertaining to cable communications except to the extent that any such future ordinances or regulations increase or expand the franchisee's obligations under the franchise agreement. Franchisee shall provide all services and offerings specifically set forth herein to provide cable service within the franchisee's franchise area in the township.
A. 
For the purpose of constructing, operating and maintaining a cable system in the township, a franchisee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the township such lines, cable, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable system.
B. 
The franchisee shall construct and maintain the cable system so as not to interfere with other uses of the streets. The franchisee shall endeavor to make use of existing poles and other facilities available to the franchisee where feasible. The franchisee shall notify the township in writing within at least 10 days and shall publicize proposed construction work prior to commencement of that work.
C. 
Notwithstanding the above grant to use of streets, no streets shall be used by any franchisee if the township determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated or is presently used.
A. 
A franchise granted pursuant to this ordinance shall be nonexclusive. By entering into a franchise agreement with the township under this ordinance, the franchisee automatically acknowledges the Board's right to grant additional franchises upon such terms and conditions as the Board deems appropriate; provided, however, that if the township grants an additional franchise for construction and operation of a cable system or open video system (OVS) to another franchisee, the township may not impose material obligations, as that term is defined herein, which are more favorable or less burdensome than those in any existing franchise agreement, or impair any existing franchisee's ability to perform its commitments under existing franchise agreements. For purposes of this section, material obligations are limited to the following:
(1) 
A franchisee's obligation to pay Annual Franchise Fees as set forth in Article IX, § A87-48 herein;
(2) 
A franchisee's obligation to meet the customer service standards in Article VIII herein;
(3) 
A franchisee's obligation to meet system requirements as set forth in Article IV herein; and
(4) 
A franchisee's obligation to meet construction and installation standards as set forth in Article VI herein.
B. 
In any renewal of an existing franchise, the township, should it seek to impose increased obligations upon the franchisee, must take into account any additional franchise(s) previously granted and find that the proposed increased obligations in the renewal, if they are more burdensome and less favorable than those contained in the additional franchise(s), are reasonable under Section 626 of the Cable Act, taking into account the costs and burdens of meeting such noncomparable obligations.
A franchise shall commence upon written acceptance by the franchisee as required by this ordinance and shall remain in full force and effect for a period agreed to by the township and franchisee in a franchise agreement; provided, however, that such term shall not be less than five years.
A franchise granted under this ordinance shall include such portions within the territorial borders of the township as the Board shall approve. In the event of annexation by the township, the franchisee shall use every reasonable effort in its best business judgment to provide service to the new territory unless such territory is already being serviced by another franchise.
The franchisee's rights are subject to the police powers of the township to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. The franchisee shall comply with all applicable general laws and ordinances enacted by the township pursuant to that power.
The township has the right to install and maintain, free of charge, upon the poles and within the underground pipes and conduits of the franchisee, any wires and fixtures required by the township to the extent that such installation and maintenance does not interfere with the existing and future operations of the franchisee and provided that such wires and fixtures required by the township are not used to deliver cable service to subscribers with the township.
All notices, reports or demands required to be given by either the township or a franchisee under this ordinance in connection with any franchise granted by the Board pursuant hereto shall be deemed to be given when delivered in writing either personally to the person designated by the franchisee or when five days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next business day if sent by express mail or overnight air courier addressed to the parties to whom the notice is being given, as follows:
If to Township:
Township of West Goshen
Attention: Township Manager
1025 Paoli Pike
West Chester, Pennsylvania  19380
If the franchisee - Pursuant to franchise agreement.
Such addresses may be changed by the township or the franchisee upon notice to the other party given as provided in this section.
A transfer of franchise granted pursuant to this ordinance shall not be voluntarily transferred to any other person, firm, company, corporation or entity other than to the principal parents of the franchisee, a parent corporation, a subsidiary or affiliate corporation of a parent company of subsidiary or affiliate corporation of the franchise or any other firm or entity owned by the franchisee without the prior approval of the township as to the financial and technical ability of the transferee to operate the system. Such permission shall not be unreasonably withheld. At least 60 days prior to the proposed transfer, the franchisee shall file with the township a request for transfer and provide the information required by FCC Form 394. If the township has not taken action on the franchisee's request for transfer within 120 days after receipt of such notice, consent by the township shall be deemed to have been given.