[Adopted 6-25-2002 by Ord. No. 02-06 (Ch. 13, Part 7A, of
the 1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
The Cable Television Consumer Protection and Competition
Act, Pub. L. 102-385, 106 Stat. 1460 (1992).
Each cable television operator who is or becomes a party
to a franchise agreement with the franchising authority.
Those standards governing customer service which are prescribed
by the FCC existing on the effective date of this article and as may
be hereafter amended and may be enforced by the franchising authority,
including those set forth at 47 CFR 76.309 as of the effective date
of this article.
The Federal Communications Commission.
The Township of Middletown, Bucks County, Pennsylvania.
The agreement between a cable operator and the franchising
authority pursuant to which the cable operator was granted a franchise
to offer cable television services to subscribers.
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
A.
Within 90 days of receipt by the cable operator of written notice
from the franchising authority of the franchising authority's
intention to monitor and enforce the customer service standards adopted
by the FCC, the cable operator shall comply with said standards.
B.
At the next billing cycle after receipt of said notice, as to its
existing subscribers, and at or prior to the time of installation
for new subscribers, the cable operator shall provide its subscribers
with notice of its customer service standards and shall provide said
subscribers with the name of the franchising authority and contact
person for said franchising authority that the subscriber should contact
to report any violation or alleged violation of said customer service
standards.
C.
The franchising authority, upon receipt of a complaint of an alleged
violation of the customer service standards, or upon discovery of
a violation on its own accord, shall provide notice of the same to
cable operator, which may respond thereto within 10 days of said notice.
D.
Any failure of cable operator to cure a violation of the customer
service standards within such time as shall be set by the franchising
authority or to timely respond to a notice from the franchising authority
regarding a violation shall be a violation of this article.
A.
Cumulative remedies. Where this article provides alternative penalties
or remedies, they shall not prevent the franchising authority from
invoking any other penalty or remedy provided herein.
B.
In addition to all other rights and remedies provided herein, the
franchising authority shall have all rights and remedies afforded
under the franchise agreement.
C.
Unless otherwise provided, any person convicted of violating any
provision of this article shall, upon conviction, be fined not more
than $500 plus costs for each offense. Each day of a continuing violation
shall constitute a separate and distinct offense, and each violation
with respect to a subscriber shall be a separate offense.
