The township may grant one or more cable television
franchises, and each such franchise shall be awarded in accordance
with and subject to the provisions of this chapter. Unless limited
by the franchise agreement, this chapter shall be amended from time
to time, and in no event shall this chapter be considered a contract
between the township and a franchisee such that the township would
be prohibited from amending any provision hereof.
No person may construct or operate a cable system
over, on or under public streets in the township without a franchise
granted by the township, unless otherwise authorized by law, and no
person may be granted a franchise without having entered into a franchise
agreement with the township pursuant to this chapter.
Any person who occupies township streets or
public rights-of-way for the purpose of operating or constructing
a cable system and who does not hold a valid franchise from the township
shall be subject to all provisions of this chapter including, but
not limited to, its provisions regarding construction and technical
standards and franchise fees. In its discretion, the township at any
time may require such person to enter into a franchise agreement within
30 days of receipt of a written notice by the township that a franchise
agreement is required and/or require such person to remove its property
and restore the area to a condition satisfactory to the township within
such time period and/or remove the property itself and restore the
area to a satisfactory condition and charge the person the costs therefor.
The township may exercise its legal remedies and seek injunctive relief
to enforce the terms of this chapter. In no event shall a franchise
be created unless it is issued by action of the township and subject
to a franchise agreement.
Nothing in this chapter or the franchise shall
limit any right the township may have to acquire by eminent domain
or otherwise any property of the franchisee. In the event that such
right is exercised, the township shall pay just compensation to the
franchisee.