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.
A.Â
A franchise authorizes use of Township streets for
installing cables, wires, lines, optical fiber, underground conduit,
and other facilities to provide cable service or telecommunications
service 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 [except for use of compatible
easements pursuant to Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2)],
or to use publicly or privately owned conduits without a separate
agreement with the owners.
B.Â
The term of a franchise shall not exceed 15 years
and may not exceed five years unless the franchise agreement contains
clear and enforceable provisions for regulating upgrades, improving
any customer service requirements, reevaluating the provision of additional
access channels, reevaluating interconnection of the system with other
cable systems, and making such other requirements as may be necessary
in light of advancements in technology at minimum intervals of not
greater than every five years.
C.Â
A franchise is nonexclusive and will not explicitly
or implicitly preclude the issuance of other franchises to operate
broadband systems within the Township or affect the Township's right
to authorize use of Township streets by other persons to operate broadband
systems or for other purposes as it determines appropriate.
D.Â
Once a franchise agreement has been accepted and executed
by the Township and a franchisee, such franchise 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 duly enacted and applicable laws, shall
define the rights and obligations of the franchisee and the Township
relating to the franchise.
E.Â
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.Â
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.
G.Â
A franchise holder may not enter into or enforce any
exclusive contract with a subscriber (including a building owner)
as a condition of providing or continuing service.
A.Â
A franchisee 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.Â
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, or except
as provided in 47 U.S.C. § 546(d).
C.Â
The Township shall have the maximum plenary authority
to regulate broadband 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.Â
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.Â
The provisions of a franchise agreement will be liberally
construed in favor of the Township in order to effectuate the purposes
and objectives of this chapter and the franchise agreement and to
promote the public interest.
C.Â
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.
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 a franchisee.