The township may grant one or more franchises, and each such
franchise shall be awarded in accordance with and subject to the provisions
of this chapter. This chapter may 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 such amendment shall be applied
retroactively to materially impair preexisting contractual agreements
entered into between the township and a franchisee.
No person may construct or operate a broadband 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.
After the effective date of this chapter, any person who occupies
township streets or public rights-of-way for the purpose of operating
or constructing a broadband 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. 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.