A.Â
The Township of Upper Merion finds that the development
of a cable communications system has the potential of having great benefit
and impact upon the people of Upper Merion. Because of the complex and rapidly
changing technology associated with cable television, the township further
finds that the public convenience, safety and general welfare can best be
served by exercising regulatory powers which are vested in the township or
such persons as the township shall designate. It is the intent of this ordinance
and subsequent amendments to provide for and specify the means to attain the
best possible public interest and public purpose in these matters and any
franchise issued pursuant to this ordinance shall be deemed to include this
finding as an integral part thereof.
B.Â
Further, it is recognized that cable communications systems
have the capacity to provide not only entertainment and information services
to the township's residents but can provide a variety of interactive
communications services to institutions and individuals. Many of these services
involve township agencies and other public institutions by providing governmental,
educational or health care communications.
C.Â
For these purposes, the following goals underlie the
regulations contained herein:
(1)Â
Communications services should be made available to all
township residents.
(2)Â
The cable communications system should be capable of
accommodating both the present and reasonably foreseeable future cable-related
communications needs of the township.
(3)Â
The cable communications system should be improved and
upgraded if necessary during the franchise term, as determined by the state-of-the-art
clause in the franchise agreement, so that the new facilities necessary for
the operation of this system shall be integrated to the maximum extent possible
with existing facilities.
(4)Â
The cable communications system authorized by this ordinance
shall be responsive to the needs and interests of the local community and
shall provide a wide diversity of information sources and services to the
public.
(5)Â
The public, educational and governmental needs for access
to the cable communications system are met.
A.Â
This ordinance shall be known and may be cited as the
"Upper Merion Cable Communications Regulatory Ordinance," and it shall become
a part of the ordinances of the township.
B.Â
All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed, including but not limited
to Upper Merion Township Ordinance No. 80-408, adopted 5-12-1980, also known
as former Chapter A171 of the Code of Upper Merion Township.
For the purpose of this ordinance, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future and words
in the plural number include the singular number. The word "shall" is mandatory
and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
Programming or services for which an additional charge is made beyond
the charge for basic subscriber services, including but not limited to movies,
concerts, variety acts, sporting events, programming sales to satellite dish
owners, pay-per-view programs, interactive services, leased access and any
other service utilizing any facility or equipment of a cable communications
system operating pursuant to a franchise granted under this ordinance, unless
otherwise preempted by federal law.
Such audio services as the retransmission of broadcast FM radio signals,
shortwave, weather, news, time and other similar audio services and the transmission
of cablecast (nonbroadcast) radio signals.
A separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic service tier
shall, at a minimum, consist of the following: all signals carried in fulfillment
of the Cable Act, Sections 614 and 615; any public, educational and governmental
access programming required in this ordinance or the franchise; and any signal
of any television broadcast station that is provided by the cable operator
to any subscriber, except a signal which is secondarily transmitted by a satellite
carrier beyond the local service area of such station. Additional signals
may be added to the basic tier by the grantee.
The Upper Merion Township Board of Supervisors.
A facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide
cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include a facility
that serves only to retransmit the television signals of one or more television
broadcast stations; a facility that serves only subscribers in one or more
multiple unit dwellings under common ownership, control or management, unless
such facility or facilities uses any public rights-of-way; a facility of a
common carrier which is subject, in whole or in part, to the provision of
Title 11 of the Cable Act, except that such facility shall be considered a
cable system to the extent such facility is used in the transmission of video
programming directly to subscribers; or any facilities of any electric utility
used solely for operating its electric utility systems.
A six Megahertz (MHz) frequency band which is capable of carrying
either one standard video signal, a number of audio, digital or other nonvideo
signals or some combination of such signals.
That time and date when operation of the cable communications system
is considered to have commenced, which shall be when the system is fully rebuilt
or fully constructed.
Such noncommercial video, audio, data and other services provided
to institutional users. These may include, but are not limited to, one-way
video, two-way video, audio or digital signals transmitted among institutions
and/or to residential subscribers.
A subscriber who receives a service in a place of business where
the service may be utilized in connection with a business, trade or profession.
The Commonwealth of Pennsylvania.
The Communication Act of 1934; Cable Communications Policy Act of
1984 and the Cable Television Consumer Protection and Competition Act of 1992,
as they may be amended from time to time.
A verbal or written indication from a subscriber within the township
of a problem that generates a work order by the grantee or complaint to the
township that is communicated to the grantee with any aspect of cable service.
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber, and any channel
selector which permits a subscriber to view all signals delivered at designated
converter dial locations at the set or by remote control.
Calendar days, unless otherwise specified.
Cable communications channels dedicated for noncommercial use by
the township, county, state or federal governmental agencies, and public and
parochial educational institutions.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A channel which is transmitted from the cable communications system
headend, OTN site or node site to subscribers.
A coaxial connection from feeder cable to the subscriber/user television
set, radio or other terminal.
Any channel specifically designed or dedicated for noncommercial
use by public and parochial educational institutions at no charge to users
of the channel.
The price that a willing buyer would pay to a willing seller for
a going concern based on the system valuation prevailing in the industry at
the time.
The Federal Communications Commission and any legally appointed or
elected successor.
A franchise contract entered into voluntarily by the grantee, containing
the specific provisions of the franchise granted, including referenced specifications,
franchise proposal, applications and other related material. Any franchise
granted pursuant to this ordinance grants the nonexclusive and revocable rights
to construct, operate and maintain a cable communications system along the
streets and public grounds within all or a specified area in the township.
Any such authorization, in whatever form granted, shall not mean or include
any license or permit required for the privilege of transacting and carrying
on a business within the township as required by other ordinances and laws
of the township.
The entire township, or portions thereof, for which a franchise is
granted under the authority of this ordinance. If not otherwise stated in
the franchise, the franchise area shall be the corporate limits of the township,
including all territory thereafter annexed to the township.
The percentage, as specified by this ordinance, of the grantee's
gross revenues derived during the term of the franchise from the operation
of the cable communications system within the township, in exchange for the
rights granted pursuant to this ordinance and the franchise agreement.
Any natural person(s), partnership(s), domestic and foreign corporation(s),
association(s), joint venture(s) or organization(s) of any kind which has
been legally granted a franchise by the township, and shall include the lawful
successor, transferee or assignee of such franchisee or grantee.
Any channel specifically designated or dedicated for noncommercial
government use and which is provided at no charge to the users of the channels.
The Township of Upper Merion as represented by the Township Board
of Supervisors, or its designee, acting within the scope of its jurisdiction.
All revenue derived directly or indirectly by the grantee from the
operation of the cable communications system within the township. Revenues
derived from the operation of the cable system received by any affiliate,
subsidiary or any person in which the grantee has a financial interest shall
be included in the grantee's gross revenues in any case where those revenues
were derived by the affiliate, subsidiary or person in which the grantee has
a financial interest to avoid or reduce the grantee's franchise fee obligation.
The connection of the system from feeder cable to subscribers'
terminal(s).
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates in accordance with the Cable Act.
Observing a communications signal, or the absence of a signal, where
the observer is not a party to the communication, whether the signal is observed
by visual or electronic means, for any purpose whatsoever.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
An individual, partnership, association, organization, corporation,
or limited liability company.
A linear mile of strand-bearing cable as measured on the street or
easement from pole to pole or pedestal to pedestal.
Any person or entity who or which produces or otherwise provides
program material or information for transmission by video, audio, digital
or other signals, either live or from recorded tapes or other storage media,
to users or subscribers by means of the cable communications system.
Any channel designated or dedicated for noncommercial use by the
general public or noncommercial organizations which is made available to users
of the channel without charge.
Any real property owned by the township or any other government entity
other than a highway, sidewalk or easement or dedication.
The surface, the air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, park, parkways, waterways, utility easements or other
public right-of-way now or hereafter held by the township which shall entitle
the township and the grantee to the use thereof for the purpose of installing
and maintaining the grantee's cable communications system. No reference
herein, or in any franchise, to the streets and public grounds shall be deemed
to be a representation or guarantee by the township that its title to any
property is sufficient to permit its use for such purpose, and the grantee
shall, by its use of such terms, be deemed to gain only such rights to use
property in the township as the township may have the undisputed right and
power to give.
A written notice addressed to the grantee at its principal office
within the township or such other office as the grantee has designated to
the township as the address to which notice shall be transmitted to it, which
notice shall be certified and postmarked not less than 10 days prior to that
day in which the party giving such notice shall commence any action which
requires the giving of notice. In computing said 10 days, holidays recognized
by the township shall be excluded.
Any person residing in the township as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade
or profession.
Includes any sale, exchange, barter or offer for sale.
Any public or parochial, primary or secondary schools.
The entire geographic area within the franchise area.
Any person, firm, corporation or other entity who or which elects
to subscribe to, for any purpose, a service provided by the grantee by means
of or in connection with a cable communications system.
The cable communications system constructed for use within the township,
including without limitation the headend, antenna, cables, wires, lines, towers,
amplifiers, converters, health and property security systems, equipment or
facilities located within the corporate limits of the township designed, constructed
or wired for the purpose of producing, receiving, amplifying and distributing
by coaxial cable, fiber optics, microwave or other means audio, radio, television
and electronic signals to and from subscribers in the township and any other
equipment or facilities located within the corporate limits of the township
intended for the use of the cable communications system; provided, however,
that such system facilities exclude building, contracts, facilities and equipment
where its sole use is for providing service to other system facilities located
outside the township limits.
The disposal by the grantee, directly or indirectly, by gift, assignment,
voluntary sale, merger, consolidation or otherwise, of 25% or more at one
time of the ownership, or 30% cumulatively over the term of the franchise
of such interests to a corporation, partnership, limited partnership, trust
or association, or person or group of persons acting in concert or any change
in control of the grantee.
The major distribution cable used in cable communications which divides
into feeder lines which are tapped for service to subscribers.
A person or organization utilizing channels or equipment and facilities
for the purpose of producing and/or transmitting material, as contrasted with
receipt thereof in a subscriber capacity.
