[HISTORY: Adopted by the Council of the Borough of Punxsutawney 1-9-1989
by Ord. No. 952. Amendments noted where applicable.]
In consideration of the faithful performances and observance of the
conditions and reservations hereinafter specified, the nonexclusive right
is hereby renewed and permission granted to Punxsutawney TV Cable Company,
Inc., a company organized under the laws of the Commonwealth of Pennsylvania,
its successors and assigns, to traverse above, upon, through, over, under
and across such streets and alleys along presently existing public utility
pole lines and newly erected pole lines within the Borough with wires, aerial
and underground cables and associated appliances for the purpose of transmission,
retransmission and distribution of cable television service and television
energy in accordance with the laws of the United States of America, regulations
of the Federal Communications Commission, the laws of the State
of Pennsylvania and the ordinances and regulations of the Borough of Punxsutawney,
for a period of 15 years; provided, however, licensee does not violate any
terms of this ordinance of licensing agreement. This franchise shall be automatically
renewed for no more than two additional terms, the first for 10 years and
the second for 15 years, each following written notice to the Borough from
the company.
The wires, aerial cables and associated appliances hereby permitted
shall at all times be maintained in good and safe order and condition and
of sufficient height to comply with all existing Borough regulations.
There shall be filed with Punxsutawney Borough a public liability policy
with limits of $500,000 to $1,000,000 and a property damage policy with limits
of $500,000 to $1,000,000, or one policy combining both coverages, with a
good and sufficient corporate surety or sureties and maintained in full force
and effect during the entire time said corporation, its successors or assigns
functions within the Borough conditioned to fully and completely indemnify
and save harmless the Borough of and from all actions, claims, suits and demands
of whatever kind and against all damages of whatever kind arising from or
in any way incident to the erection, maintenance and operation of the said
wires, aerial cables, poles and associated appliances.
A.
Installation and maintenance of equipment shall be such
that standard NTCS color signals shall be transmitted to any subscriber color
receiver. The antenna, receiving and distribution equipment shall be installed
and maintained so as to provide pictures on subscribers' receivers throughout
the system essentially of the same quality as those received at the antenna
site.
B.
The company shall maintain service in accordance with
the technical standard of the Federal Communications Commission, Subpart K,
76,601, 76,605, 76,609, 76,613 and 76,617, and any additional items adopted
in the future. Should the company fail to resolve any subscriber complaint
regarding quality of service, equipment malfunction and similar matters pertaining
to the television cable service to the Borough Council's satisfaction,
the Borough Council must notify the company by registered mail of this specific
service complaint. The company then has 10 days from receipt of said letter
to resolve customer complaint and to submit a full report in writing to the
Borough Council of this correction by registered mail. In the event that the
Borough Council remains dissatisfied with the disposition of above service
complaint, they must again notify the company by registered mail of such dissatisfaction.
The company then has an additional 10 days in which to resolve said complaint
and advise the Borough Council of said correction by registered mail. Should
the Borough Council remain dissatisfied with disposition of said service complaint,
then the specific customer service complaint in question should be referred
to a professional electronics engineer who is generally recognized as being
knowledgeable in the Cable Television field and who is mutually acceptable
to both the Borough Council and the company.
Should the company then fail to meet the standards or recommendations
set forth in the engineering report or is in violation of other terms of this
agreement and enabling ordinance, and the company fails within 60 days after
written notice by registered mail of this failure to meet the standards set
forth in said study or to comply with or correct any violation of the Borough
Code, the Borough shall have the right for cancellation of the agreement 60
days after written notice to the company, by registered mail, to this effect,
and said cancellation shall be final and conclusive without any other action
by the Borough Council.
The President and the Secretary of the Borough Council are hereby authorized
to execute an agreement for and on behalf of the Borough of Punxsutawney and
with the Punxsutawney TV Cable Company, Inc., dated of even date with the
date of enactment hereof, licensing and franchising said Punxsutawney TV Cable
Company, Inc., to operate and maintain a wired television system in accordance
with said contract and the provisions of this ordinance.
The permission granted by this ordinance is under and subject to all
other ordinances, rules and regulations now in force or which may hereafter
be passed relative to the use of the streets and alleys of said Borough. This
ordinance shall constitute the full report of the Borough Council concerning
the grant of the franchise to Punxsutawney TV Cable Company, Inc., as contained
herein.
The costs of preparation and publication of this ordinance shall be
paid by the said Punxsutawney TV Cable Company, Inc.
