Township of Union, PA
Berks County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Union 6-15-2009 by Ord. No. 2009-03;[1] amended in its entirety 9-16-2019 by Ord. No. 2019-1. Subsequent amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 73, Cable Television, Art. I, Regulation of Rates, adopted 1-24-1994 by Ord. No. 94-1, as amended. As a result, former Ch. A203, Cable Television Franchise, was removed from the Code.
Pursuant to Title VI of the Communications Act and any future amendments thereto (hereinafter collectively referred to as the "Cable Act"), the regulations of the Federal Communications Commission (hereinafter referred to as the "FCC") and Pennsylvania Law, the Township of Union renews its franchise with Service Electric Cablevision, Inc., to construct, operate, maintain and upgrade a cable system utilizing public rights-of-way and private easement properties within the Township's jurisdiction.
The Township shall regulate, protect and manage the aforesaid public rights-of-way, require high standards of customer service, ensure future technical improvements to maintain a state-of-the-art cable system, obtain certain complimentary services for community facilities, establish certain reporting requirements, reserve the right for an educational and governmental channel, receive financial compensation for Service Electric's lease of the Township's rights-of-way, and provide for the current and future cable related needs of all its residents as more fully set forth in the 2019 Cable Franchise Agreement between the Township and Service Electric Cablevision, Inc.
The Board of Supervisors of the Township of Union approves, adopts and authorizes the execution of the nonexclusive Cable Franchise Agreement of 2019, between the Township of Union and Service Electric Cablevision, Inc., renewing the Franchise of Service Electric for the time period of 10 years, subject to all of the terms and conditions contained in the Franchise Agreement of 2019, a copy of which is attached hereto as Exhibit A, and incorporated into the Code of Union Township by reference, with a complete copy of said Cable Franchise Agreement being at all times available at the offices of the Township.
It is the intention of the governing body that this article and the past and future actions of the governing body in connection with the regulation of certain cable television rates and services be, at all times, consistent with the Cable TV Act.
This article shall in no way be interpreted as relieving any cable operator of any additional duties or responsibilities imposed by federal, state or local law. Instead, this article shall be deemed to be supplemental to and coexistent with applicable federal, state or local laws and regulations.
When the governing body acts, in a good faith attempt to implement this article and the Cable TV Act, the Township, the governing body and its individual members shall enjoy such immunity from civil and criminal liability as may be provided by the Cable TV Act or by federal, state or local law.