Pursuant to the power and authority granted to the franchising authority
under the Cable Act of 1992 and pursuant to its general powers and authority
as a borough of the Commonwealth of Pennsylvania to act for the general welfare
of its citizenry, the franchising authority hereby exercises regulatory power
over the advance payments and late charges which may be imposed by a cable
operator on subscribers or future subscribers for services and/or equipment
provided or to be provided by the cable operator.
As used in this article, the following terms shall have the meanings
indicated:
ADVANCE PAYMENTS
Any and all payments imposed by a cable operator from a resident
of the Borough in order to subscribe or to reconnect the services and/or equipment
offered by the cable operator. Advance payments shall include, without limitation,
deposits prior to being provided with equipment and/or requirements to pay
in advance for services not yet received.
CABLE ACT OF 1992
The Cable Television Consumer Protection and Competition Act of 1992.
CABLE OPERATOR
Each cable television operator who is or becomes a party to a franchise
agreement with the franchising authority.
DUE DATE
The date when a bill submitted by a cable operator to a subscriber
shall be due for payment. The due date shall be no less than 20 calendar days
from the date a bill was sent by the cable operator to the subscriber. For
a remittance by mail, payment shall be deemed to have been made on the date
of the postmark.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between a cable operator and the franchising authority
pursuant to which the cable operator was granted a franchise to offer cable
television services to subscribers.
LATE CHARGES
Any and all charges and/or penalties assessed or levied by the cable
operator against a subscriber for the nonpayment, late payment or insufficient
payment of a bill from the cable operator.
SUBSCRIBER
A customer of the cable operator receiving cable television service
within the geographic boundaries of the franchising authority.
No cable operator shall impose on or charge any person or entity within
the geographic boundaries of the franchising authority a fee in advance of
services to be rendered and/or equipment to be provided to said person or
entity. Advance payments prohibited hereunder shall include, without limitation,
deposits on equipment ordered for use by the subscriber but not yet installed
and/or requirements that the subscriber pay for services in advance of receipt
of said services.