A.
The Borough shall exercise appropriate regulatory authority
under the provisions of this chapter and applicable federal law. This authority
shall be vested in the Borough Council and administered through the Borough
Manager or Borough Secretary or his designee in order to provide day-to-day
administration and enforcement of the provisions of this chapter and any franchise
granted hereunder and to carry out the Borough's responsibilities with
regard to cable communications.
B.
The Borough reserves the right to exercise the maximum
plenary authority, as may at any time be lawfully permissible, to regulate
the cable system, the franchise and the grantee. Should applicable legislative,
judicial or regulatory authorities at any time permit regulation not presently
permitted to the Borough, the Borough may, without the approval of the grantee,
engage in any such additional regulation as may then be permissible, whether
or not contemplated by this chapter, including regulation regarding rates
charged to subscribers and users and consumer protection standards.
C.
Any right, power, protection, privilege or immunity which
is provided, granted or imposed on the grantee under or by virtue of the Cable
Act, as it may be amended or interpreted from time to time after the date
hereof, shall remain inviolate and shall be available to the grantee notwithstanding
any contrary provision of the franchise agreement, and the acceptance of the
terms and conditions of this franchise shall not be construed as a waiver
or release by the grantee of any right, power, protection, privilege, immunity
or obligation under the Cable Act, the laws or the Constitution of the United
States or the laws or the Constitution of the Commonwealth of Pennsylvania.
Nothing herein, nor the grantee's acceptance hereof, shall be construed
to deny the grantee the right to seek administrative and/or judicial review
of any action or threaten action by the Borough under, or arising out of,
a franchise.
A.
The Borough shall have the following regulatory responsibility:
(1)
Administration and enforcement of the provisions of this
chapter and any franchise agreement.
(2)
Award, renewal, extension or revocation of a franchise
pursuant to the provisions of this chapter, the franchise agreement and other
applicable law.
(3)
Consent prior to transfer of any franchise granted hereunder.
(4)
Enforcement of customer service standards.
(5)
Rate regulation, to the extent authorized and/or elected
by the Borough under federal law. If the Borough elects to regulate rates,
it will comply with all FCC regulations.
B.
The Borough also reserves the right to perform the following
functions and all other functions allowed by law, present or future:
(1)
Develop objective and coordinate activities related to
the operation of any local government channel.
(2)
Approve procedures and standards for public, government
and educational access and operations, services and facilities.
(3)
Formulate and recommend long-range telecommunications
policy for the Borough and determine the future cable-related needs and interests
of the community.
(4)
Provide the administrative effort necessary for the conduct
of performance evaluations and any other activities required for the administration
of the franchise.
(5)
Monitor grantee's adherence to operational standards,
service requirements and line extension policies.
(6)
Assure compliance with applicable laws and ordinances.
(7)
Assure continuity in service.
A.
The Borough may in its discretion create a citizen's
committee entitled the "Cable Television Advisory Board" (CAB). The responsibilities
of the CAB shall include, but not be limited to, the following:
(1)
Monitor and advise the Borough Council and Borough administration
on the performance of the grantee under the provisions of the Borough's
cable television ordinance, franchise agreement and related applicable ordinances.
(2)
Serve as advisory body with respect to the public, educational
and local government access channels of cable television and any institutional
programming that may be developed.
(3)
Advise the Borough government of objectives to be obtained
in the Borough's cable system based upon its continued evaluation of
the Borough's cable television franchise, cable technology, performance
of the grantee and the future cable-related needs and interests of the community.
(4)
Prepare an annual report to the Borough Council on the
activities of the CAB and the performance of the grantee.
(5)
Cooperate with the Borough and the grantee in fulfilling
its responsibilities herein.
B.
The CAB shall be composed of at least three residents
of the Borough who shall be appointed by the Borough Council and who shall
serve without compensation for terms of one, two and three years respectively.
Members shall not be employees of, nor have any financial interest in, a grantee
or a parent or subsidiary corporation of a grantee.
A.
Grantee shall file with the Borough schedules, which
shall describe all services offered, all rates and charges of any kind and
all terms and conditions relating thereto, on the effective date of the franchise
and 30 days prior to any change. Notice of all proposed rate changes must
be filed with the Borough at least 30 days prior to any change. If the Borough
elects to regulate rates pursuant to the Cable Act, the Borough will comply
with all FCC regulations. Pursuant to 47 CFR § 76.309(c), grantee
shall notify subscribers at least 30 days prior to the implementation of any
change in services offered, rates charged or terms and conditions related
thereto. As well, options for programming services and conditions for subscriptions
to programming and other services shall be mailed to subscribers annually.
B.
Grantee shall establish rates that are nondiscriminatory
within the same general class of subscribers, which must be applied fairly
and uniformly to all subscribers in the franchise area for all services. Nothing
contained herein shall prohibit the grantee from offering discounts to commercial
and multiple-family dwelling subscribers billed on a bulk basis; promotional
discounts; and senior citizens and economically disadvantaged individuals,
or require the same. Grantee's charges and rates for all services shall
be itemized on subscriber's monthly bills.
C.
Pursuant to 47 CFR § 76.309(c), grantee shall,
in the case of a billing or other dispute, respond to a written complaint
from a subscriber within 30 days.
