[HISTORY: Adopted by the Board of Supervisors of the Township of
Raccoon 4-9-1996 by Ord. No. 96-1. Amendments
noted where applicable.]
A.
Statement of intent and purpose. The Board of Supervisors
of the Township of Raccoon intends, by the adoption of this ordinance, to
authorize the operation of a cable system by Three Rivers Cable Associates,
L.P., its successors or assigns, within the Township territorial boundaries.[1]
B.
Authority. To the extent that the same may be lawfully
given and subject to the provisions of any and all acts of the general assembly
of the Commonwealth of Pennsylvania and regulations issued thereunder, now
or in the future, and insofar as the Commonwealth of Pennsylvania has delegated
to the Township the authority to grant a franchise for cable system operation
and other communication and information services within the Township territorial
boundaries, in consideration of the faithful performance and observation of
the conditions and reservations mutually agreed upon herein, the Township
hereby exercises its authority to grant a nonexclusive franchise permitting
the operation of a cable system within the Township.
This ordinance shall be known and cited as the "Township of Raccoon
Cable Franchise Ordinance." Within this document it shall also be referred
to as "this franchise."
For the purpose of this franchise, the following terms, phrases, words,
and their derivations shall have the meaning given herein. Words not defined
shall be given their common and ordinary meaning.
The area to be served by Three Rivers Cable Associates, L.P. which
includes the Township of Raccoon, Beaver County, Pennsylvania.
The Federal Communications Commission.
Three Rivers Cable Associates, L.P. and its successors, transferees,
or assigns.
Any and all compensation and other consideration received directly
by the company from subscribers in payment for regularly furnished basic service
and Cable Value service. "Gross annual basic subscriber revenues" shall not
include any taxes or services furnished by the company imposed directly on
any subscriber or user by any borough, state, or other governmental unit and
collected by the company for such governmental unit.
A person with a legal or equitable interest in ownership of real
property.
Any corporation, partnership, proprietorship, individual or organization,
governmental organization, or any natural person.
Any real property owned by the Township, other than a street.
The surface of and the space above and below any public street, road,
highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard,
parkway, drive, or any easement or right-of-way, alley, court, sidewalk, boulevard,
parkway, drive, or any easement or right-of-way now or hereafter held by the
Township, or dedicated to the Township, or to general public use.
Any person or entity who subscribes to service provided by grantee
by means of the system.
A system of antennas, cables, wires, lines, towers, waveguides, or
other conductors, converters, equipment, or facilities used for distributing
video programming to home subscribers, and/or producing, receiving, amplifying,
storing, processing, or distributing audio, video, digital, or other forms
of electric signals to subscribers.
The Township of Raccoon, Beaver County, Pennsylvania
A.
Grant of franchise. For the purpose of providing cable
service and other communications and information services, grantee may erect,
install, construct, repair, replace, reconstruct, and retain in, on, over,
under, upon, across, and along the streets and public property such lines,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
pedestals, attachments, and other property and equipment as are necessary
and appropriate to cable and information services. Grantee is also authorized
to utilize public rights-of-way and to utilize easements within the Township
which have been dedicated for compatible uses, as provided for in Section
621(a)(2) of the Cable Communications Policy Act.
B.
Franchise term. The initial term of this franchise shall
commence on April 9, 1996, and shall expire 10 years from said date, unless
renewed as herein provided.
A.
Technical requirements. Grantee shall construct and maintain
a system that meets at least the technical standards applied by the FCC. Procedures
for testing technical capacity of the system shall conform with the technical
and testing standards applied to cable systems by the FCC.
B.
Interference with reception outside cable system. Grantee's
installation shall be installed, maintained and operated in a manner which
shall not interfere with television or radio reception by means other than
by the cable-type systems.
A.
Service area. In new housing districts, areas with occupancy
densities of more than 30 homes per mile which are contiguous to the system
will be provided with access to service within 12 months of occupation, to
the extent service is economically feasible and technically possible. In areas
with less than 30 homes per mile, service shall be offered in conformance
with grantee's service extension policies.
B.
Construction requirements. Grantee shall make use of
existing poles and other facilities available to grantee. Grantee may also
erect its own poles and install its own conduit. All poles and conduit installed
within the Township shall be made available for attachment or use by grantee,
at just and reasonable rates applied to public utilities under the formula
presently established in 47 U.S.C. §224.
C.
Construction codes and permits. Grantee shall obtain
any required permits from the Township before commencing construction involving
the opening or disturbance of any street or public property. Grantee shall
comply with all applicable building and zoning codes.[1] Grantee shall arrange its lines, cables, and other appurtenances,
on any street or public property, in such a manner as to cause no unreasonable
interference with the usual and customary use of said street or public property.
D.
Repair of streets and public property. Any and all streets
or public property which are disturbed or damaged during the construction,
operation, or maintenance of the system shall be promptly repaired by grantee,
at its expense and to the condition prior to the disturbance or damage.
E.
Movement of facilities. In the event it is necessary
temporarily to move or remove any of grantee's wires, cables, poles, or other
facilities placed pursuant to this franchise, in order lawfully to move a
large object, vehicle, building, or other structure over the streets of the
Township, upon two weeks notice by the Township to grantee, grantee shall
move, at the expense of the person requesting the temporary removal, such
of his franchise as may be required to facilitate such movements.
F.
Prudent installation and operation. Grantee agrees that
its installation and operation shall be installed, located, and maintained
so as not to endanger or interfere with the life and property of any person
of thing; nor interfere with improvements which the Township may deem proper;
nor hinder or obstruct the free use of streets, alleys, bridges, or other
public or private property. In the event the Township relocates a street or
makes any other change requiring the removal of utility installations, or
in the event grantee does interfere with the public or private property of
others, grantee, at its sole expense, will remove its installation at this
location. In the event that any other utility is reimbursed by the Township
for the placement of cable underground or the movement of cable, grantee shall
be reimbursed on the same terms and conditions.
A.
Maintenance and complaints.
(1)
Grantee shall maintain a toll-free number available 24
hours a day to accept service calls and complaints from subscribers.
(2)
Grantee shall render efficient service, make repairs
promptly, and interrupt service only for good cause.
(3)
Any complaints from subscribers shall be investigated
and acted upon as soon as possible.
B.
Safety.
(1)
Grantee shall at all times take reasonable precautions
for preventing failures and accidents which are likely to cause damage or
injury to the public, to employees of grantee, and to public or private property.
(2)
All lines, equipment, and facilities within the Township
shall at all times be kept and maintained in a safe and suitable condition,
and in good order and repair.
C.
Subscriber Practices.
(1)
Grantee shall not deny service, deny access, or otherwise
discriminate against subscribers on the basis of race, color, religion, natural
origin, sex, or age. Grantee shall adhere to the equal employment opportunity
requirements of the FCC.
(2)
Grantee may conduct promotional campaigns in which standard
rates are uniformly discounted or waived.
(3)
Grantee may make special contracts for nonprofit, charitable,
educational, governmental, and religious organizations.
(4)
Grantee may offer bulk rate discounts for multiple dwellings,
hotels, motels, and similar institutions.
(5)
Grantee at the request of a subscriber will provide,
at cost, a lockout device in order to restrict the viewing of obscene or "indecent"
programming.
A.
Amount. Grantee shall annually pay 3% of gross revenues,
as a franchise fee to be collected by the Township. The foregoing payment
shall be compensation for use of streets and other public property.
B.
Payment Periods. Payments shall be submitted quarterly
on or before January 31, April 30, July 31 and October 31 of each year.
C.
Verification. A report verifying Gross Revenues shall
be submitted by grantee annually on or before April 15 of each year.
A.
Laws governing. This franchise shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania,
and applicable federal law.
B.
Notice of violation. The Township shall provide grantee
with a detailed written notice of any franchise violation upon which it proposes
to take action, and a thirty-day period within which grantee may cure an alleged
violation. This thirty-day period shall not begin to toll in the event the
alleged violation is beyond the grantee's control or the grantee is diligently
pursuing corrective action. Grantee may, within 15 days of receiving such
notice, notify the Township that there is a dispute as to whether a violation
has, in fact, occurred. Such notice by grantee to the Township shall detail
the matters disputed by grantee. The Township shall hear grantee's dispute
at the next regularly scheduled Council meeting. The Township and grantee
shall bear their own costs and attorney's fees.
C.
Indemnity.
(1)
Grantee shall indemnify and hold harmless the Township
at all times during the term of this franchise, from and against all claims,
and including reasonable attorneys' fees and legal costs, for injury or damage
to persons or property, both real and personal, caused by the construction,
erection, operation, and maintenance of the system.
(2)
It is expressly understood that the Township has no control,
standard or regulation pertaining to the subject matter of programs distributed
by grantee. Grantee agrees to indemnify and save harmless the Township, its
officers and employees from all claims, suits and actions at law or equity
for libel, slander, patent or copyright infringements; that in the event the
Township is made a party to Defendant in any action arising out of the subject
matter of programs transmitted by grantee, grantee shall at its sole cost
and expense defend such action and appeals therefrom, including those involving
the Township.
D.
Liability Insurance. Throughout the term of this franchise,
grantee shall maintain a policy of liability insurance covering the grantee,
and naming the Township as an additional insured, in the minimum amounts of:
E.
Other remedies.
(1)
From and after the effective date of franchise, it shall
be unlawful for any person to establish, operate, or to carry on the business
of distributing to any persons in the cable service territory any television
signals or radio signals by means of a system unless a franchise therefore
has first been obtained pursuant to the provisions of this ordinance, and
unless such franchise is in full force and effect.
(2)
No person shall interrupt or receive signals from the
system unless specifically authorized to do so by grantee.
(3)
No person shall tamper with, remove, or injure any cable,
wires, or equipment used with the system unless specifically authorized to
do so by grantee.
(4)
No person shall intentionally deprive grantee of a lawful
charge for cable service.
(5)
No person shall resell grantee's cable services without
grantee's express, written consent.
(6)
The Township and grantee are expressly reserved their
applicable rights and remedies available in law or in equity.
F.
Conditions of Access. In addition to the provisions of § A189-4A, no party who owns or controls any residential multiple-dwelling unit, trailer park, condominium, or apartment complex, or subdivision, shall interfere with the right of any tenant or lawful resident thereof to receive service from grantee.
A.
Variance. Applications for a variance to this franchise,
to accommodate a significant change in circumstances, to prevent unreasonable
hardship to grantee, or to permit technical variations which will satisfy
the purpose of this franchise, may be made by the grantee to the Township.
The Township shall review the application within 14 calendar days, or the
earliest meeting of the Township's Board of Supervisors, and shall issue a
report of the findings of the Township and shall act on a request within 30
days.
B.
Franchise renewal. This franchise shall be renewed for a period of 10 years upon written notice by grantee to the Township, at least six months prior to the expiration of the franchise term set forth in § A189-4B. A renewal of the franchise may be negotiated by either party, regardless of how many years are remaining on the original franchise; provided, however, that no renewal shall have the effect of reducing the total number of years authorized under this franchise agreement and provided that a public hearing be held in accordance with the provisions of the FCC Rules and Regulations to allow the public the opportunity to be heard prior to the time the franchise is received. Grantee's application for franchise renewal shall be granted provided:
(1)
Grantee shows that its cable service during the preceding
franchise period has reflected a good faith effort to serve the needs and
interests of its service area within the Township; and
(2)
Grantee has not demonstrated a callous disregard of the
law and all pertinent regulations.
(3)
Grantee reserves all renewal rights under the Cable Communications
Policy Act of 1984.
A.
Severability. If any law, ordinance, regulation, or court
decision shall render any provision of this franchise invalid, the remaining
provisions of the franchise shall remain in full force and effect.
B.
Force-majeure. Prevention or delay of any performance
under this franchise due to circumstances beyond the control of grantee or
the Township, unforeseen circumstances, or Acts of God, shall not be deemed
noncompliance with or a violation of this franchise.
C.
More favorable terms. In the event that the Township
approves or permits a system to operate in the cable service territory on
terms more favorable than those contained in this franchise, such more favorable
terms shall be applicable in this franchise.
D.
Regulatory bodies. Grantee shall conduct the operation
of its business in accordance with the rules, regulations, and statutes, as
amended from time to time, of the Federal Communications Commission and any
other duly authorized federal, state, or local authority having jurisdiction.
In particular, the grantee shall, at all times, comply with the rules and
regulations governing cable television operations promulgated by the FCC,
specifically those set out in the Cable Communications Policy Act of 1984,
and of the FCC Rules and Regulations, and any FCC Rules and Regulations regarding
technical and engineering specifications involved in the construction of the
CATV system and signal carriage thereon.
E.
Modification of FCC Rules. Consistent with the requirements
of the Cable Communications Policy Act of 1984, and of the FCC Rules, any
modification of the Cable Communications Policy Act of 1984 resulting from
amendment thereto by the FCC shall be, to the extent applicable, considered
as a part of this franchise as of the effective date of the amendment made
by the Cable Communications Policy Act of 1984 and the FCC.
F.
Repealer. All ordinances or parts of ordinances which
are inconsistent herewith are hereby repealed.
A duplicate original of this ordinance shall be delivered to grantee
and upon its due execution by the grantee, this ordinance shall comprise the
franchise agreement between the Township and the grantee.
This ordinance shall be effective immediately.
