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:
Channel capacity designated for public, educational and government
("PEG") use, as defined herein.
Any person who owns or controls, is owned or controlled by, or is
under common ownership or control with such person.
Any service tier which includes the retransmission of local broadcast
signals.
Shall mean Pennsburg Borough, Montgomery County, which has the mailing
address of Sixth and Dotts Streets, Pennsburg, Pennsylvania, 18073.
The governing body of the Borough of Pennsburg.
A nonbroadcast signal that originates within the facilities of the
cable system.
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.
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 facility that serves only to retransmit the television signals of
one or more television broadcast stations;
A facility that serves only subscribers without using any public right-of-way;
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;
An open video system that complies with Section 653 of the Cable Act;
or
Any facilities of any electric utility used solely for operating its
electric utility systems.
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).
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.
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).
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.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user premises
in accordance with the Cable Act.
Any channel designated for educational access use in accordance with
Section 611 of the Cable Act.
Capable of being provided:
Through technology which has been demonstrated in actual applications
(not simply through tests or experiments) to operate in a workable manner;
and
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.
The Federal Communications Commission, or any legally appointed successor
entity.
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.
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.
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.
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.
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.
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.
Any channel specifically designated or dedicated for government access
use in accordance with Section 611 of the Cable Act.
The Borough of Pennsburg as represented by the Borough Council acting
within the scope of its jurisdiction.
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.
That portion of the wire installation within and about a premises
that is transferable upon purchase in accordance with the Cable Act.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee at rates in accordance with the Cable Act.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
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.
Any channel for which a fee is charged for a single or multiple viewing
of a specific program.
Any type of audio or audio/video service for which a fee is charged.
Any channel for which a fee is charged for viewing.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
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.
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.
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.
Any person residing in the Borough as defined by applicable law.
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.
Includes any sale, exchange or barter transaction.
Any public, parochial or nonprofit education institution, including
primary and secondary schools (i.E., K - 12).
Any person who legally receives cable services.
The Commonwealth of Pennsylvania.
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.
Cable system equipment used by the grantee to provide services in
the franchise area.
Any level of service having one or more channels offered as a program
service or group of services.
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.
The major distribution cable used in cable communications, which
divides into feeder lines, which are tapped for service to subscribers.
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.
