[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove 11-5-2001 by Ord.
No. 6-2001 (Ch. A149 of the 1985 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded original Ch. A149,
Cable Television Franchise, adopted 10-4-1971 by Ord. No. 2-1971.
The cable system agreement between the parties (agreement),
attached hereto, marked Exhibit "A" and incorporated by reference
herein, is hereby authorized and approved by the Borough.
The President and Secretary of Borough Council are hereby authorized
to execute said agreement on behalf of the Borough.
By way of summary of the agreement, the agreement grants Adelphia
the nonexclusive right to maintain and provide the facilities necessary
for the maintenance and operation of a cable communications system
throughout the Borough for a period of 10 years, with a renewal period
of 10 years, in exchange for a franchise fee paid by Adelphia to the
Borough of 4% of Adelphia's gross revenues, as defined in the agreement,
which includes all revenues from the operation of the system from
subscribers within the Borough of basic service tier or optional tier
programming, equipment and installation, disconnection and reconnection
charges, and revenues received from subscribers for the provision
of cable modem access services. The agreement further sets forth the
obligations of Adelphia for construction standards for equipment and
services, and a mechanism for subscriber complaints, as well as the
terms for permitting revocation of the franchise, and remedies for
violations of the agreement.
This ordinance shall be effective immediately upon its enactment,
and the agreement shall become effective immediately upon its execution
by authorized persons for each party.
