Upon proper motion, South Fayette Township Board
of Commissioners, through its President and Secretary/Manager, are
hereby authorized to execute an agreement(s) granting and giving to
certain cable franchise operators (hereinafter called "grantee"),
a nonexclusive franchise, consent and license to erect, maintain and
operate transmission and distribution facilities for the purpose of
transmission by cable and distributing television impulses and television
energy for sale to the inhabitants of the Township, in, under, over,
along, across and upon the public streets, highways and other public
places in said Township.
There is hereby granted through separate agreements
attached herewith by the Township to the grantee the right and privilege
to construct, operate and maintain a cable television system and related
business operation in the Township and for the purpose to erect, install,
construct, repair, replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any street or streets laid out
or dedicated and all extensions thereof and additions thereto in the
franchise area, such poles, wires, cable, conductors, ducts, conduit,
vaults, manholes, pedestals, amplifiers, appliance, attachments, and
other property as may be necessary and appurtenant to the CATV system;
and also for that purpose to lease or in any other manner obtain the
use of towers, poles, lines, underground conduits and facilities of
every kind from other persons, including but not limited to any public
utility or other grantee franchised or permitted to do business in
the Township as detailed in the individual franchise agreement that
shall be made part of this Chapter by existing and/or future exhibits.
The right to use and occupy said streets for
the purposes herein set forth in any individual agreement shall not
be exclusive in the grantee. The Township shall, however, require
a franchise agreement for any other individual or company engaging
the CATV or similar business within any portion of the Township.
The Township shall have the right and authority
pursuant to the Cable Communications Act of 1984 to require the grantee(s)
to pay to the Township a franchise fee not to exceed 5% of the grantee's
gross revenues per annum.
The agreement(s) provided as exhibits to this
chapter shall stipulate that the grantee shall procure any and
all easements, rights-of-way, grants, certificates of approval, permits
and agreements which may be required from any persons or corporations
from any federal, state, municipal, or other governmental authority
or from any utility companies presently operating in the Township
and with whom the grantee may connect any lines or with whom the licensee
may jointly use any poles, lines or other transmission or distribution
facilities
The authority to issue franchises shall commence
and take effect immediately on the enactment of the within chapter.
The Board of Commissioners shall have the authority to issue franchises
for a period of time not to exceed 15 years. Upon application by the
grantee to the Township, the franchise may be renewed for a ten-year
period, provided that the company has complied with the terms and
conditions hereof.
It is the intent of this chapter to adopt the
provisions of the Cable Communications Act of 1984 and any and all
regulations and amendments adopted pursuant thereto.
The Township hereby designates the Township
Manager to have primary responsibility for the continuing administration
of the instant ordinance and implementation of complaint procedures
contained within any individual franchise agreement attached as an
exhibit to this chapter.
Each television cable provider shall be required
to enter into a franchise agreement with the Township prior to providing
any service within the Township. Further, all agreements shall be
approved by ordinance by the Board of Commissioners following proper
review and public notice. Such individual agreement shall be attached
to this chapter by exhibit and shall be a part of this chapter. It shall be the responsibility
of the Township Manager to ensure that the individual agreements are
provided as exhibits to this chapter. Individual agreements may be
modified, extended, amended and/or terminated by separate ordinance
without the modification of this chapter.