A. 
Ongoing regulation. The township shall exercise appropriate regulatory authority under the provisions of this ordinance and applicable law. This authority shall be vested in the Township Board of Supervisors and administered through the Township Manager or his designee. The Township Manager or his designee shall provide day-to-day administration and enforcement of the provisions of this ordinance and any franchise granted hereunder and shall carry out the township's responsibilities with regard to cable communications.
B. 
Governing requirement. At all times during the term of the franchise, the grantee shall comply with all laws, rules or regulations of the township, state or federal governments, their regulatory agencies or commissions which are now applicable or may be applicable hereafter to the construction and operation of the cable communications system, including without limitation all laws, ordinances or regulations now in force or hereafter enacted. Nothing herein shall be deemed a waiver of the grantee's right to challenge the validity of any such law, rule or regulation.
C. 
Change in law or regulation. Notwithstanding any other provisions of this ordinance to the contrary, the grantee shall at all times comply with all laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government, or any agency thereof, or any court of competent jurisdiction, upon final adjudication, substantially reduce in any way the power or authority of the township under this ordinance or the franchise, or if in compliance with any local, state or federal law or regulation, is in conflict with the terms of this ordinance, the franchise or any law or regulation of the township, then the township, at its option, may notify the grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the grantee shall negotiate in good faith with the township in the development of alternate provisions which shall fairly restore the township to the maximum level of authority and power permitted by law.
D. 
Authority. The township reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable communications system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the township, the township may without the approval of the grantee engage in any such additional regulation as may then be permissible, whether or not contemplated by this ordinance or the franchise.
E. 
Right of inspection of records. Upon reasonable advance notice, and subject to federal, state or local privacy laws, the township shall have the right to inspect all books, records, reports, maps, plans, financial statements and other like materials of the grantee relating to the operation of the cable communications system within the township, including but not limited to system records where information is not available on a franchise area basis, at any time during normal business hours. The grantee shall use reasonable efforts to provide such information in such form as may be required by the township for said records.
F. 
Right of inspection of cable facilities. Upon prior notice to the grantee, the township shall have the right to inspect all cable facilities or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of this ordinance and other pertinent provisions of the law. The grantee shall be afforded the opportunity to be present at and observe such testing and shall be provided with the results of any such testing undertaken by the township.
G. 
Right of inspection of property. At all reasonable times, the grantee shall permit examination by any duly authorized representative of the township of the system facilities, together with any appurtenant property of the grantee situated within or without the township.
H. 
Right to require removal of property. Upon denial of renewal of the franchise, or upon its revocation or expiration and nonrenewal, as provided for herein, the township shall have the right to require the grantee to remove, at its own expense, all portions of the cable communications system required by public necessity from all streets and public ways within the township.
I. 
Expense reimbursement to township. Unless otherwise specified in the franchise agreement, the grantee shall pay the township a sum of money which will, when added to any application fees received, reimburse all costs and expenses incurred by the township in connection with the granting, extending or renewing a franchise, including but not limited to consultant fees, attorneys' fees, publication fees, travel expenses and all other direct costs; provided, however, that the township shall submit a detailed schedule of all such costs. Such payment shall be made within 30 days after the township furnishes the grantee with a written statement of such expenses.
A. 
The township shall have the following regulatory authority:
(1) 
Administration and enforcement of the provisions of this ordinance and any franchise granted hereunder.
(2) 
Award, renewal, extension or termination of a franchise pursuant to the provisions of this ordinance, the franchise and other applicable law.
(3) 
Consent prior to sale or transfer of any franchise granted hereunder.
(4) 
Performance evaluation.
(5) 
Receive and investigate complaints regarding substandard service and to initiate any action necessary pursuant to this ordinance or the franchise or any applicable law or regulation to correct the service deficiencies.
(6) 
Rate regulation, if applicable.
B. 
The township also reserves the right to perform the following functions:
(1) 
Develop objectives and coordinate activities related to the operation of government channels.
(2) 
Approve procedures and standards for public, government and educational access and operations and services, including the use of dedicated channels and sharing of public facilities.
(3) 
Coordinate plans for expansion, interconnection and growth of cable services.
(4) 
Analyze the possibility of integrating cable communications with other township, state or regional communications networks.
(5) 
Formulate and recommend a long-range communications policy for the township and determine the future cable-related needs and interests of the community.
(6) 
Provide the administrative effort necessary for the conduct of performance evaluations and any other activities required for the administration of this ordinance or the franchise.
(7) 
Monitor the grantee's process for handling citizen complaints and periodically inspect and analyze the records related to such complaints.
(8) 
Receive applications for rate increases, if applicable, and provide staff assistance in the analysis and recommendations thereto.
(9) 
Monitor the grantee's adherence to operational standards, service requirements and line extension policies.
(10) 
Assure compliance with applicable laws and ordinances.
(11) 
Arrange tests and analysis of equipment and performance, as needed to ensure compliance with this ordinance and the franchise.
(12) 
Assure continuity in service.
(13) 
Receive for examination all data and reports required by this ordinance or the franchise.
(14) 
Represent the township's interest before local, state or federal government agencies in cable communications matters.
(15) 
Such other regulatory authority as appropriate to carry out the intent of this ordinance or the franchise.
A. 
Schedule filings. The grantee shall file with the township schedules which shall describe all services offered, all rates and charges of any kind and all terms and conditions relating thereto. No rates or charges shall be effective except as they appear on a schedule so filed. The grantee shall notify subscribers, in writing, at least 30 days prior to the implementation of any change in services offered, rates charges or terms and conditions related thereto.
B. 
Nondiscriminatory rates. The grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee from offering discounts to commercial and multiple-family dwelling subscribers billed on a bulk basis; promotional discounts; reduced installation rates for subscribers who have multiple services; or a discount for senior citizens and/or low-income residents. The grantee's charges and rates for all services shall be itemized on the subscriber's monthly bills.
C. 
Township regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended to, authorize the township to regulate the rates for any particular service tiers, service packages, equipment or any other services provided by the grantee, the township shall have the right to exercise rate regulation to the full extent authorized by law or to refrain from exercising such regulation for any period of time, at the sole discretion of the township.
D. 
Rate regulation of the basic tier and charges. The township will follow FCC rate regulations as they now exist or as hereafter amended by the FCC from time to time, in its regulation of the basic service rates and charges of the grantee. In connection with such regulation, the township will ensure a reasonable opportunity for consideration of the views of interested parties, and the Township Attorney, or his designee, is authorized to execute on behalf of the township and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC rate regulations in order to enable the township to regulate basic service rates and charges.
E. 
Ability to petition. If applicable, the township shall have the right to petition the Federal Communications Commission (FCC) or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to review or regulate rates in the township.
F. 
Free connections. The grantee shall provide upon request and free of charge the drops set forth in the franchise. The grantee shall discuss the location of each connection with the proper officials of each such institution receiving free connection.
G. 
Credit for service interruption. In the event that the grantee's service to any subscriber is interrupted for six or more consecutive hours, the grantee shall grant expeditiously such subscriber or user a pro-rata credit upon the request of the affected subscriber.
A. 
Annual evaluation sessions. The township and the grantee shall, at the discretion of the township, hold scheduled performance evaluation sessions annually prior to completion of the rebuild and every three years thereafter. All such evaluation sessions shall be open to the public.
B. 
Special sessions. Special evaluation sessions may be held at any time during the term of the franchise at the request of the township.
C. 
Public hearings. All evaluation sessions held as public hearings shall be open to the public and announced in a newspaper of general circulation. The grantee shall notify subscribers of all such public hearings by announcement on a local programming channel on the system between the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
D. 
Topics for review. Topics which may be discussed at any scheduled or special evaluation session may include but not be limited to system performance and construction; grantee compliance with this ordinance and the franchise; customer service and complaint response; subscriber privacy; services provided; programming offered; service rate structures, if applicable; franchise fees; penalties; free or discounted services; applications of new technologies; judicial and FCC filings; and line extensions.
E. 
Cooperation by grantee. During the review and evaluation by the township, the grantee shall fully cooperate with the township and shall provide such information and documents as the township may need to reasonably perform its review.
F. 
Response to inquiries. The township may, at any time, make inquiries concerned with the management and affairs of the cable communications system. The grantee shall respond to such inquiries in a timely fashion.