A.Â
When not inconsistent with the context, words used in
the present tense include the future tense, words in the plural number include
the singular number and words in the singular number include the plural number
and the masculine gender includes the feminine gender. The words "shall" and
"will" are mandatory and "may" is permissive.
B.Â
Unless otherwise expressly stated, words not defined
herein shall be given the meaning set forth in Title 47 of the United States
Code, Chapter 5, Subchapter V-A, U.S.C. § 521 et seq., as amended,
and if not defined therein, their common and ordinary meaning.
C.Â
ACCESS CHANNEL
AFFILIATE
BASIC SERVICE
BOARD
BROADBAND SYSTEM or SYSTEM
(1)Â
(2)Â
(3)Â
(4)Â
CABLE ACT
CABLE SERVICE
EDUCATIONAL ACCESS CHANNEL
FCC
FRANCHISE
FRANCHISE AGREEMENT
FRANCHISE AREA
FRANCHISEE
GOVERNMENTAL ACCESS CHANNEL
GROSS ANNUAL REVENUES
PAY TELEVISION
PERSON
PUBLIC ACCESS CHANNEL
PUBLIC RIGHT-OF-WAY
SALE
SERVICE TIER
STREET
SUBSCRIBER
SYSTEM FACILITIES or FACILITIES
TELECOMMUNICATIONS SERVICE
TOWNSHIP
TRANSFER
(1)Â
(a)Â
(b)Â
(2)Â
USE
For the purposes of this chapter, the following terms,
phrases, words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated:
Any channel on a broadband system set aside by the franchisee for
public, educational and/or governmental use.
Any person who owns or controls, is owned or controlled by or is
under common ownership or control with the franchisee and who is involved
in the operation of the franchisee's broadband system.
Any cable service tier that includes the retransmission of local
television broadcast signals.
The Board of Supervisors of West Whiteland Township or its designated
representative.
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 and/or telecommunications service to multiple subscribers within
the Township, 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 on subscribers in one or more multiple-unit dwellings
under common ownership, control or management, unless such facility or facilities
use any public right-of-way, including streets or easements.
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as amended,
except that such facility shall be considered a broadband system to the extent
such facilities engage in the transmission of video programming, whether on
a common carrier or noncommon carrier basis, directly to subscribers.
Any facilities of any electric utility used solely for operating its
electric utility systems.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., and the Cable Television Consumer Protection and Competition Act
of 1992, as amended from time to time.
Any channel on a broadband system set aside by the franchisee for
noncommercial educational use.
The Federal Communications Commission, its designee or any successor
governmental entity thereto.
The nonexclusive rights granted in accordance with this chapter to
construct, operate and maintain a broadband system along the public rights-of-way
within all or a specified area of the Township. A franchise shall authorize
the franchisee to provide cable service, telecommunications service or both
as may be specified in any franchise. 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 the ordinances and laws of the Township, or for attaching devices
to poles or other structures, whether owned by the Township or a private entity,
or for excavating or performing other work in or along public rights-of- way.
A contract entered into in accordance with the provisions of this
chapter between the Township and a franchisee that sets forth, subject to
this chapter, the terms and conditions under which the franchise will be exercised.
The area of the Township that the franchisee is authorized to serve
by its franchise agreement.
The natural person(s), partnership(s), domestic or foreign corporation(s),
association(s), joint venture(s) or organization(s) of any kind which have
been granted a franchise by the Township.
Any channel on a broadband system set aside by the franchisee for
government access use.
Any and all compensation actually received annually, directly or
indirectly by the franchisee, its affiliates or any person in which the franchisee
has a financial interest, or by any other entity that is an operator of the
broadband system arising from, attributable to or in any way derived from
the operation of the franchisee's broadband system within the Township, including
the studios and other facilities associated therewith. Gross annual revenues
include, but are not limited to, monthly fees charged subscribers for any
basic, optional, premium, per-channel, per-program, cable, telecommunications
or satellite service, installation, disconnection, reconnection and change-in-service
fees, leased channel fees, late fees and administrative, maintenance and repair
fees, fees, payments or other compensation actually received from programmers
for carriage of programming on the system, revenues from converter rentals
or sales, studio rental and production equipment rental fees, advertising
revenues (prorated on the basis of the proportion of the number of subscribers
within the Township to the total number of the broadband system which includes
the franchise area), revenues from program guides and revenues from home shopping
channels and all cash, credits, property or other consideration of any kind
or nature received annually from subscribers which is allocated by the franchisee
to pay franchise fees. Gross annual revenues shall be the basis for computing
the franchise fee under this chapter.
A cable service that is sold on a per-channel or per-program basis.
An individual, partnership, association, joint-stock company, organization,
corporation or any lawful successor thereto or transferee thereof.
Any channel on a broadband system set aside by the franchisee for
noncommercial use by the general public or noncommercial organizations and
which is available for such use on a nondiscriminatory basis.
The surface, the air space above the surface and the areas below
the surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, waterway, easement or similar property in which the
Township now or hereafter holds any property interest which, consistent with
the purposes for which it was dedicated, with the exception of any public
park, recreation, playground and open space area, may be used for the purpose
of installing and maintaining a broadband system. No reference herein, or
in any franchise agreement, to a "public right-of-way" shall be deemed to
be a representation or guarantee by the Township that its interest or other
right to control the use of such property is sufficient to permit its use
for such purposes and a franchisee shall be deemed to gain only those rights
to use as are properly in the Township and as the Township may have the undisputed
right and power to give, including such rights available pursuant to § 621(a)(2)
of the Cable Act, 47 U.S.C. § 541(a)(2).
Any sale or exchange transaction.
A category of cable service or telecommunications service provided
by the franchisee and for which a separate charge is made by the franchisee.
The surface of and the space above or below any public street, public
roadway, public highway, public freeway, public land, public way, public alley,
public court, public sidewalk, public boulevard, public drive or any public
easement or public right-of-way now or hereafter held by the Township which
shall entitle franchisee to the use thereof for the purposes of installing
over poles such wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and appurtenant to the operation of the broadband system.
Any person who legally receives cable service or telecommunications
service pursuant to a franchise, whether or not a fee is paid for such service.
Broadband system equipment used by the franchisee to provide cable
service or telecommunications service in the franchise area.
The transmission of electronic impulses, other than cable service,
over facilities which occupy any public right-of-way within the Township.
Telecommunications service includes, but is not limited to, voice or data
transmissions, as well as any video transmissions which do not constitute
"video programming" as defined by the Cable Act.
The Township of West Whiteland, Pennsylvania, as represented by the
Board.
Any transaction in which:
An ownership or other interest in a franchise, its broadband
system or any person that is an operator of the broadband system is transferred
from one person or group of persons to another person or group of persons
so that control of the franchise is transferred.
The rights and/or obligations held by the franchisee under a franchise
agreement are transferred or assigned to another person or group of persons.
"Control" for these purposes means working control, in whatever manner
exercised. The addition, deletion or other change of any general partner of
the franchisee, any person who owns or controls the franchisee or an operator
of the broadband system is such a change of control.
A person or organization utilizing a channel or equipment and facilities
for purposes of producing and/or transmitting material, as contrasted with
the receipt thereof in the capacity of a subscriber.
