[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.
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.
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.