For the purposes of this chapter, the following terms, phrases,
words and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. 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. 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, Sub-Chapter V-A, 47 U.S.C. § 521
et seq., as amended, and, if not defined therein, their common and
ordinary meaning.
ACCESS CHANNEL
Any channel on a broadband system set aside by the franchisee
for public, educational and/or governmental use.
AFFILIATE
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.
BASIC SERVICE
Any cable or telecommunications service tier that includes
the retransmission of local television broadcast signals.
BOARD
The Board of Supervisors of Westtown Township or its designated
representative.
BROADBAND SYSTEM OR SYSTEMS
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.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves only 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;
C.
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 non-common-carrier
basis, directly to subscribers; or
D.
Any facilities of any electric utility used solely for operating
its electric utility systems.
CABLE ACT
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.
CABLE SERVICE
A.
The one-way transmission to and/or the two-way transmission
from subscribers of video programming or other programming services;
and
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
FCC
The Federal Communications Commission, its designee or any
successor governmental entity thereto.
FRANCHISE
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.
FRANCHISE AGREEMENT
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.
FRANCHISE AREA
The area of the township that the franchisee is authorized
to serve by its franchise agreement.
FRANCHISEE
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.
GROSS ANNUAL REVENUES
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
fees; 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 subscribers 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.
PERSON
An individual, partnership, association, joint stock company,
organization, corporation or any lawful successor thereto or transferee
thereof.
PUBLIC ACCESS CHANNEL
Any channel, bandwidth or other type of space or access 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.
PUBLIC RIGHT-OF-WAY
The surface, the air space above the surface and the area
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 Section 621(a)(2) of the Cable Act,
47 U.S.C. § 541(a)(2).
SALE
Any sale or exchange transaction.
SERVICE TIER
A category of cable service or telecommunications service
provided by the franchisee and for which a separate charge is made
by the franchisee.
STREET
The surface of and the space above or below any public street,
public roadway, public highway, public freeway, public lane, 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 the 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.
SUBSCRIBER
Any person who legally receives cable service or telecommunications
service pursuant to a franchise, whether or not a fee is paid for
such service.
SYSTEM FACILITIES or FACILITIES
Broadband system equipment used by the franchisee to provide
cable service or telecommunications service in the franchise area.
TELECOMMUNICATIONS SERVICE
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, internet services of any type or
form, as well as any video transmissions which do not constitute "video
programming" as defined by the Cable Act.
TOWNSHIP
The Township of Westtown, Pennsylvania, as represented by
the Board.
TRANSFER
Any transaction in which an ownership or other interest in
a franchisee, 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
franchisee is transferred; or 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.
USER
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.