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.
A.
A franchise authorizes use of township streets for
installing cables, wires, lines, optical fiber, underground conduit
and other facilities to operate a cable system within a franchise
area, but does not expressly or implicitly authorize the franchisee
to provide service to or install cables, wires, lines, underground
conduit or any other equipment or facilities on private property without
owner consent or to use publicly or privately owned conduits without
a separate agreement with the owners. However, a franchise will authorized
a franchisee to utilize easements within the municipality which have
been dedicated for compatible uses, as provided for in Section 621(a)
(2) of the Cable Communications Policy Act of 1984.
B.
The term of a franchise shall not be greater than
10 years.
C.
A franchise is nonexclusive and will not explicitly
or implicitly preclude the issuance of other franchises to operate
cable systems within the township or affect the township's right to
authorize use of township streets by other persons to operate cable
systems or for other purposes as it determines appropriate.
D.
Once a franchise agreement has been accepted and executed
by the township and a franchisee, such franchisee agreement shall
constitute a contract between the franchisee and the township, and
the terms, conditions and provisions of such franchise agreement,
subject to the chapter and all other duty enacted and applicable laws,
shall define the rights and obligations of the franchisee and the
township relating to the franchise.
E.
All privileges prescribed by a franchise shall be
subordinate to any prior lawful occupancy of the streets, and the
township reserves the right to reasonably designate where a franchisee's
facilities are to be placed within the streets.
F.
A franchise shall be a privilege that is in the public
trust and personal to the original franchisee. No transfer of a franchise
shall occur without the prior consent of the township and unless application
is made by the franchisee and township approval obtained, pursuant
to this chapter and the franchise agreement.
A.
A franchise shall at all times be subject to and shall
comply with all applicable federal, state and township laws. A franchisee
shall at all times be subject to all lawful exercise of the police
power of the township, including all rights the township may have
under 47 U.S.C. § 552.
B.
No course of dealing between a franchisee and the
township nor any delay on the part of the township in exercising any
rights hereunder shall operate as a waiver of any such rights of the
township or acquiescence in the actions of the franchisee in contravention
of rights, except to the extent expressly waived by the township or
expressly provided for in a franchise agreement.
C.
The township shall have the maximum plenary authority
to regulate cable systems, franchisees and franchises as may now or
hereafter be lawfully permissible; except where rights are expressly
waived by a franchise agreement, they are reserved, whether expressly
enumerated or not.
A.
The express terms of this chapter will prevail over
conflicting or inconsistent provisions in a franchise agreement, unless
such franchise agreement expresses an explicit intent to waive a requirement
of this chapter.
B.
Except as to matters that are governed solely by federal
law or regulation, a franchise agreement will be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania.
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.
