Borough of Pennsburg, PA
Montgomery County
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Table of Contents
Table of Contents
The present tense includes the future; the singular number includes the plural, and the plural, the singular; and the masculine gender includes the feminine gender.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated:
ACCESS CHANNELS
Channel capacity designated for public, educational and government ("PEG") use, as defined herein.
AFFILIATE
Any person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.
BASIC SUBSCRIBER TELEVISION SERVICE or BASIC CABLE SERVICE
Any service tier which includes the retransmission of local broadcast signals.
BOROUGH
Shall mean Pennsburg Borough, Montgomery County, which has the mailing address of Sixth and Dotts Streets, Pennsburg, Pennsylvania, 18073.
BOROUGH COUNCIL or COUNCIL
The governing body of the Borough of Pennsburg.
CABLECAST SIGNAL
A nonbroadcast signal that originates within the facilities of the cable system.
CABLE SERVICE
The one-way or two-way transmission to or from subscribers of video programming or other cable system services (including music), and subscriber interaction, if any, which is required for the selection of such video programming or other programming, service and the installation and rental of equipment necessary for the receipt to transmission thereof.
CABLE SYSTEM
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 which includes video programming and which is provided to multiple subscribers within a community, 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 without using any public right-of-way;
C. 
A facility of a common carrier which is subject, in whole or in part, to the provisions to Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system [other than for purposes of Section 621(c) of the Cable Act] to the extent such facility is used in the transmission of video programming directly to subscribers;
D. 
An open video system that complies with Section 653 of the Cable Act; or
E. 
Any facilities of any electric utility used solely for operating its electric utility systems.
CHANNEL
A portion of the electromagnetic spectrum which is used in a cable system and which is capable of delivering a television channel (as a television channel is defined by the FCC by regulation).
COMMERCIAL SUBSCRIBER
A subscriber who receives cable service in a place of business where the service may be utilized in connection with a business, trade or professional and who pays the charges therefore.
COMMUNICATIONS ACT or CABLE ACT
Title VI of the Communication Act of 1934, as it may be amended or succeeded, including the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and/or any further amendments (47 U.S.C. §§ 521-561).
CONVERTER
An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control.
DISCRETE CHANNEL
A channel which can only be received by the person and/or institution intended to receive signals on such channel.
DROP
A coaxial connection from feeder cable to the subscriber/user premises in accordance with the Cable Act.
EDUCATIONAL ACCESS CHANNEL
Any channel designated for educational access use in accordance with Section 611 of the Cable Act.
ECONOMICALLY AND TECHNICALLY FEASIBLE AND VIABLE
Capable of being provided:
A. 
Through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner; and
B. 
In a manner which has reasonable likelihood of generating additional revenues or other financial benefits for a system when measured over the term of the franchise.
FCC
The Federal Communications Commission, or any legally appointed successor entity.
FORCE MAJEURE
A labor strike or slow down, act of God, act of a public enemy, insurrection, riot, epidemic, landslide, lightning, earthquake, accident, fire, hurricane, tornado, volcanic activity, storm, flood, washouts, drought, civil disturbance, explosion, technical failure, sabotage or other event wherein grantee has exercised due care in the prevention thereof to the extent such cause is beyond the control of grantee and/or any affiliates.
FRANCHISE
Any initial authorization or renewal thereof subject to Section 626 of the Cable Act, in whatever form, granting the nonexclusive right granted pursuant under this chapter to construct, operate and maintain a cable system along the public ways within all or a specified area in the Borough. It shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the Borough as required by other ordinances and laws of the Borough.
FRANCHISE AGREEMENT
A contract entered into between the Borough and any grantee setting forth the specific terms and provisions of the grant of a franchise pursuant to this chapter.
FRANCHISE AREA
The entire Borough, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise agreement, the franchise area shall be the corporate limits of the Borough, including all territory thereafter annexed to the Borough.
FRANCHISE FEE
The lawful percentage, as specified by and payable to the Borough, of the grantee's gross annual receipts from the operation of the cable system to provide cable service in the franchise area. The term "franchise fee" does not include any tax, fee or assessment of general applicability that may be assessed against a grantee by the Borough, including but not limited to the Business Privilege Tax.
FRANCHISEE or GRANTEE
Any person, or group of persons, who provides cable service over the cable system directly or through one or more affiliates that own a significant interest in such cable system or otherwise controls or is responsible for, through any arrangement, the management and operation of the such cable systems, which has been legally granted a franchise by the Borough, and its lawful successors, transferee, or assignee.
GOVERNMENT ACCESS CHANNEL
Any channel specifically designated or dedicated for government access use in accordance with Section 611 of the Cable Act.
GRANTOR
The Borough of Pennsburg as represented by the Borough Council acting within the scope of its jurisdiction.
GROSS RECEIPTS
Monetary charges of any character whatever, charged or paid in any manner, received by the grantee, as herein provided from residents of the Borough, directly or indirectly, for the privilege of receiving any cable service, which is transmitted through the cables or wires, or a system of cables or wires, which pass on, over or along the streets, alleys and public ways within the Borough. Gross receipts shall include monthly fees charged subscribers for any basic, optional, premium, per-channel or per-program service; installation, disconnection, re-connection and change-in-service fees; leased channel fees; locally derived advertising revenues; revenues from hardcopy program guides; and revenues from home shopping channels. Gross annual revenues shall be the basis for computing the franchise fee under this chapter. Gross annual revenues shall not include any bad debts, converter deposits, late fees, refunds to subscribers, franchise fees, use fees and taxes on services furnished by the grantee which are imposed directly on any subscriber or user by the state, Borough or other governmental unit and which are collected by the grantee on behalf of said governmental unit.
INSIDE WIRING
That portion of the wire installation within and about a premises that is transferable upon purchase in accordance with the Cable Act.
INSTALLATION
The connection of the system from feeder cable to subscribers' terminals.
LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL
Any channel designated or dedicated for use by persons unaffiliated with the grantee at rates in accordance with the Cable Act.
NARROWCASTING
The ability to distribute cable programming to a particular segment or segments of the cable subscribers.
NONCABLE SERVICES
Other services the cable operator makes available to subscribers generally other than cable services. Except as expressly set forth in the franchise agreement, the Borough has not granted the authority for the provision of noncable services except public, educational and governmental uses. The Borough may grant authority for the provision of nonuses. The Borough may grant authority for the provision of noncable services on whatever terms and conditions the Borough reasonably determines are appropriate in the circumstances, it being understood and agreed that, at a minimum, in each case such terms and conditions may include payments to the Borough of compensation at rates different then those set forth for franchise fees. The franchisee shall pay to the Borough an amount equal to the reasonable costs for the use of the Borough streets to provide noncable services in the franchise area. Payment of such costs and expenses shall not be deemed to be franchise fees within the meaning of the Cable Act, and such payment shall not be deemed to be "payments in kind" or involuntary payments chargeable against the compensation to be paid to the Borough by the franchisee as franchise fees or part of the compensation to be paid to the Borough by the franchisee as franchise fees.
PAY-PER-VIEW
Any channel for which a fee is charged for a single or multiple viewing of a specific program.
PAY AUDIO/VIDEO
Any type of audio or audio/video service for which a fee is charged.
PAY TV CHANNEL
Any channel for which a fee is charged for viewing.
PERSON
An individual, partnership, association, organization, corporation or any lawful successor transferee of said individual, partnership, association, organization or corporation.
PUBLIC ACCESS CHANNEL
Any channel designated or dedicated for use by the general public or organizations which is made available for use without charge on a nondiscriminatory basis in accordance with the rules and regulations specified in the franchise agreement in accordance with Section 611 of the Cable Act.
PUBLIC WAY or PUBLIC RIGHTS-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, park, parkways, waterways, utility easements or other public right-of-way or hereafter held by the Borough which shall entitle the Borough and the grantee to the use thereof for the purpose of installing and maintaining the grantee cable television system. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the Borough that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the Borough as the Borough may have the undisputed right and power to give.
REASONABLE NOTICE
Where not elsewhere specified, shall be written notice addressed to the grantee at its principal office within the Borough or such other office as the franchisee has designated to the Borough as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than 10 business days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said 10 business days, holidays recognized by the Borough shall be excluded.
RESIDENT
Any person residing in the Borough as defined by applicable law.
RESIDENTIAL SUBSCRIBER
A subscriber who receives a cable service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession and who pays the charges therefore.
SALE
Includes any sale, exchange or barter transaction.
SCHOOL
Any public, parochial or nonprofit education institution, including primary and secondary schools (i.E., K - 12).
SUBSCRIBER
Any person who legally receives cable services.
STATE
The Commonwealth of Pennsylvania.
STATE OF THE ART
As applicable, means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; access channel and other production equipment or facilities; construction technique; customer service; facilities; equipment; systems and operations; and performance standards) which have been developed and demonstrated in the cable industry or any other comparable industry that provides services to the public under similar conditions to be workable and economically and technically feasible and viable from time to time throughout the term of the franchise.
SYSTEM FACILITIES or FACILITIES
Cable system equipment used by the grantee to provide services in the franchise area.
TIER
Any level of service having one or more channels offered as a program service or group of services.
TRANSFER
Any transaction in which an ownership or other interest in a grantee, its cable system or of any person that is a cable operator of the cable system is transferred from one person or group of persons to another person or group of persons so that control or controlling interest of the grantee is transferred; or the rights and/or obligations held by the grantee under a franchise agreement are transferred or assigned to another person or group of persons. "Control" or "controlling interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of a system, a franchise or a grantee. A rebuttable presumption of the existence of control or a controlling interest may arise from the beneficial ownership, directly or indirectly, by any persons or group of persons acting in concert (other than underwriters during the period in which they are offering securities to the public) of 25% or more of any person (which person or group of persons is hereinafter referred to as "controlling person"). More than one person or group of persons as used herein may hold control or controlling interest simultaneously.
TRUNK LINE
The major distribution cable used in cable communications, which divides into feeder lines, which are tapped for service to subscribers.
USER
A person or organization utilizing channel or equipment and facilities for purpose of producing and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity.