[Adopted 8-8-2000 by Ord.
No. 1099]
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 a franchisee (hereinafter
referred to as "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 Ridley Park,
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 Ridley
Park, 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 the agreement by the Borough, 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 years' written notice of the intent not to
so extend this franchise.
B.
During
the six-month period which begins with the 36th month before the franchise
expiration, the Advisory Committee on Cable Television 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:
C.
A
four-month period shall be allowed for determining the company's
eligibility for franchise renewal. The Advisory Committee 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 article. After a public hearing, duly advertised, the
Advisory Committee 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 Ridley Park, 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. 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 agreements 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 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 or 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 authorizes only the installation and operation
of 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.
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.
In lieu of maintaining an office and studio in the Borough,
the company shall install a TV monitor and state of the art character
generator and VCR in the Municipal Building and shall maintain the
necessary equipment to provide exclusive use of one channel for Borough
residents only or such other benefits of an equivalent value to be
agreed upon by the Borough and such company.
A.
The
company shall supply to customer's television set a picture that
meets all current and future standards as required by the FCC. 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 noncable 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 call back 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 the same day, whenever possible,
anytime there is a loss or interruption of service to more than 100
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 subscriber's
television set.
E.
The
company shall keep a log and file a copy thereof at the end of each
quarter with the Advisory Committee listing 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 such
trouble call complaint. The company shall maintain and file a list
of credits quarterly with the Advisory Committee when available.
F.
The
company shall be required to facilitate the carriage of public, educational
and government access channels with any other franchised cable company
operating in the Borough within 60 days of a request by the Borough.
The company may request and the Borough may grant reasonable extension
of time for company to comply with this requirement.
G.
The
company shall have a representative attend meetings of the Advisory
Committee 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 consideration
in any form paid by and due or owing by subscribers to the company
and any lessee of the company from the sale of its services and facilities
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. Internet service revenues are specifically included.
B.
While the company is in the process of franchising or renewing its franchises in the various municipalities in the County of Delaware, should any other municipality in said county receive a better fee package in any franchising agreement 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 the 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 the agreement. The company shall be responsible for
the payment of the Borough's auditor reasonable fees.
E.
The company is required to file monthly reports, including but not
limited to the franchise fee payment, within 15 days of month's
end. On a monthly basis, the company shall pay 100% of the fees to
the Borough. The Borough Manager 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
article, such cost to be paid by the company. Noncompliance with the
aforementioned will result in a penalty of 10% on moneys due for that
month.
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. 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, 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.
A.
Upon request by a subscriber for termination of service and such
termination is not due to nonpayment for service, the company shall
promptly:
(1)
Remove all personal property and/or equipment, including but not
limited to converters and remote controls.
(2)
Disconnect cable or wiring into subscriber's premises either
at the point of entry or at a feed point from cable tap.
(3)
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 customer to discontinue service. If company has
the capability of discontinuing service without visiting premises,
then the effective date of termination shall be the day customer requests
termination of service.
(4)
Promptly return security deposits, if any, upon customer returning
equipment for which deposit is applicable.
(5)
Submit final statement of account to customer within 45 days of voluntary
termination of service.
B.
The company shall not impose a termination charge or fee to 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 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.
In addition to all other rights and powers pertaining to the Borough
by virtue of this article 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:
(1)
Violates any material provision of this article or any rule, order
or determination of the Borough or Borough Council made pursuant to
this article.
(2)
Becomes insolvent or unable or unwilling to pay its debts or is adjudged
as bankrupt.
(3)
Violates any material, federal or Pennsylvania law or regulation.
B.
Such termination and cancellation shall be by written notice to the
company from the Borough Council after 30 days' notice to the
company and shall in no way affect any of the Borough's rights
under this franchise or any provision of law. The company shall have
60 days to cure such breach or default.
C.
If for any reason of force majeure (e.g. strikes, acts of God, orders
of any government or any other cause or event not reasonably within
the control of the company) the company is unable to perform its obligations,
the company shall not be deemed in violation or default during the
continuance of such inability.
This article and the rights granted to the company shall become
effective upon execution of a contract between Ridley Park Borough
and the franchisee, binding both parties to abide by all conditions
of this article.
A.
By its acceptance of a 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 article.
B.
By its acceptance of a franchise, the company 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 attorney's 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.
By its acceptance of a franchise, the company 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 workman'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, death, property damage and personal injury.
D.
By its acceptance of a franchise, the company specifically agrees
that it will maintain throughout the term of the franchise a faithful
performance bond running to the Borough in the penal sum of $100,000
conditioned that the company shall well and truly observe, fulfill
and perform each term and condition of this article and any contract
with the Borough, 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 article and any contract with the Borough.
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 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 article
and any contract with the Borough.
F.
All expenses of the above-noted insurance and bond shall be paid
by the company.
The company shall:
A.
Provide each public, private and parochial school, police department,
public work office, fire station, ambulance corps building, public
library and Borough building, and such other institutions as mutually
agreed by the company and 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 system.
C.
Education access channel. The company shall maintain at least one
specially designated channel for use by the Ridley School District
and provide at no cost a character generator for their exclusive use.
D.
Local government access channel. The company shall maintain at least
one specially designated channel for Ridley Park Borough use at the
Borough Building or other place the Borough may designate and provide
at no cost a character generator and TV 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 nonbroadcast 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.
Maintain and deliver a minimum of 43 channels and will continue to
increase the amount of channels available to its customers as the
technologies and demand increases.
G.
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.
H.
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.
I.
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.
In addition, the company will provide the Borough with assistance
in establishing a web site and reasonable storage capacity sufficient
to host a web site to disseminate information about Borough programs
and services. In lieu of this requirement, the company shall provide
such other benefits of an equivalent value to be agreed upon by the
Borough and the company.
J.
Supply and install, at no cost to the customer, a closed captioned
device when requested by the hearing impaired.
K.
Conduct program origination cablecasting in addition to any automated
services.
L.
Provide both portable and stationary equipment to be used for local
access cablecasters with the aid of a technical and production staff
to be provided by the company. Included should be equipment that can
store programs for later showing. A full schedule of rates for use
of said equipment, studio and staff must be provided. Rates may give
preference to noncommercial users. Whereas it is not in Borough's
interest to duplicate such equipment and facilities in the event that
the Borough issues more than one franchise, a second and subsequent
company shall provide benefits of an equivalent value to be agreed
upon by the Borough and such company.
M.
Throughout the term of the franchise agreement, the company shall
construct, operate, maintain and upgrade the cable system in order
to ensure that it continuously conforms to the state of the art. The
new services, associated equipment and facilities necessary to implement
the state of the art upgrade shall be added to the system within one
year of when they are provided in 40% of liked-sized systems operated
in Delaware County.
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 article.
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.
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 this article.
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 and servants, including attorneys,
from any claims it may have, known or unknown; including, without
limitation, claims arising under Pennsylvania law, the Cable Communications
Policy Act of 1984 and the Cable Television Consumer Protection and
Competition Act of 1992, the ordinances and charter of the Borough
of Ridley Park 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
article 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.
A.
The company shall fully indemnify, defend and hold harmless the Borough,
its officers, boards, commissions, elected officials, agents, attorneys,
representatives, servants and employees against any and all costs,
damages, expenses, claims, suits, actions, liabilities and judgments
for damages, including but not limited to, expenses for legal fees,
whether suit be brought or not, and disbursements and liabilities
incurred or assumed by the Borough in connection with:
(1)
Any and all damage to persons or property alleged to be caused in
any way by the construction, installation, operation or maintenance
of the company's cable system;
(2)
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,
firm or corporation, excluding claims arising out of or relating to
the Borough's own programming;
(3)
Any and all claims arising out of the company's failure to comply
with the provisions of this article or any federal, state or local
law, ordinance or regulation applicable to the company or the CATV
system;
(4)
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 acts or omissions of the Borough
or any of its servants, agents, attorneys, representatives, employees
or officials; and
(5)
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 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.
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.
D.
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.
E.
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 article, and the Borough may seek any redress available
to it against the company, whether set forth in this article or under
any other municipal, state or federal law.
F.
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 article, Pennsylvania Law, the Cable Communications Policy Act
of 1984, Cable Television Consumer Protection and Competition Act
of 1992 and the Telecommunications Act of 1996.
G.
All rights of the Borough pursuant to indemnification, insurance,
letter of credit or performance bond(s), as provided for by this article,
are in addition to all other rights the Borough may have under this
article or any other ordinance, rule, regulation or law.
H.
The Borough's exercise of or failure to exercise any rights
pursuant to any section of this article 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 article or any other
ordinance, rule, regulation or law.
I.
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.
J.
The provisions of this section shall not be dependent or conditioned
upon the validity of this article or the validity of any of the procedures
or agreements involved in the renewal of the franchise, but shall
be and remain a binding right and obligation to the Borough and the
company even if part of this article, or the grant or renewal of the
franchise, is declared null and void in a legal or administrative
proceeding. It is expressly the intent of the company and the Borough
that the provisions of this section survive any such declaration and
shall be a binding obligation of and inure to the benefit of the company
and the Borough and their respective successors and assigns, if any.
A.
There is hereby established a Telecommunications Advisory Committee
to be appointed by the Borough. The Committee shall be composed of
seven members who shall reflect the diverse community interests of
the Borough and who shall serve for terms of three years. Any vacancy
shall be filled by the Borough by appointment for the remainder of
the term. No employee or person with ownership interest in a cable
television franchise granted pursuant to this article shall be eligible
for membership on this Committee. The Chairperson of the Committee
shall be elected by the members of the Committee for a term of one
year. Any action of the Committee shall require concurrence of four
members of Committee. An appropriation shall be made by the Borough
for funding of this Committee, said money to come from fees paid to
the Borough by the company as specified in this article.
B.
The Committee shall have the following functions:
(1)
To advise the Borough on applications for franchises and on franchise
renewal.
(2)
To advise the Borough on matters which might be grounds for revocation
of the franchise or imposition of a penalty on the company in accordance
with this article.
(3)
To resolve disagreements among franchises or between the company
and subscribers or public or private users of the system. Decisions
of the Committee in such cases are appealable to the Borough:
(4)
To advise the Borough in respect to rates, to policy relating to
the services provided to subscribers and to the operation and use
of public channels and to the availability of channel time for lease
for pay-cable programs, business users or informational programming.
(5)
To cooperate with other systems and to supervise interconnection
of systems.
(6)
To audit all company records as required by this article and, at
the Council's discretion, to require preparation and filing of
information additional to that required herein.
(7)
To make an annual report to the Borough, including an account of
franchise fees received and distributed, the total number of hours
of utilization of public channels and hourly subtotals for various
programming categories, and a review of any plans submitted during
the year by the company for development of new services.
(8)
To conduct an evaluation of the system at least every three years,
in consultation with the company and utilizing technical consultants,
if necessary, which shall be paid for from fees received by the Borough
from the company, and pursuant thereto to make recommendations to
the Borough for amendments to this article.
