[Adopted 6-6-1966 by Ord. No. 817]
This article shall be known as "Whitehall Township
Community Antenna Television Systems (CATV) Ordinance."
The following words or phrases when used in
this article shall have the meaning ascribed to them in this section,
except when the context indicated to them a different meaning:
An arrangement or combination of apparatus whereby television
signals broadcast over the air are received at one or more towers,
antennas or other devices from television stations licensed by the
Federal Communications Commission and which for a consideration are
transmitted by means of coaxial cable or other suitable device to
television receiving sets of subscribers to such service.
All cash, credits, property of any kind or nature or other
consideration derived directly or indirectly by a person operating
a cable antenna television system in Whitehall Township including
such person's affiliates and subsidiaries arising from or attributable
to operation of cable antenna television system in the Township of
Whitehall including, but not limited to:
Revenue from all charges for services provided
to subscribers of entertainment and nonentertainment services (including
leased access fees).
Revenue from all charges for the insertion of
commercial advertisements upon the cable antenna television system.
Revenue from all charges for the installation,
connection and reinstatement of equipment necessary for the utilization
of the cable antenna television system and the provision of subscriber
and other services.
The sale, exchange or use of cablecast of any
programming developed for community use or institutional users.
Shall include, value at retail price levels, the value of
any goods and services received by the operator or others described
above of any advertising or other services in connection with the
cable television systems.
[Amended 11-12-1990 by Ord. No. 1704]
Any individual or individuals, partnership, firm, limited
partnership, association, corporation, company or organization of
any kind.
Any person or corporation now or hereafter owning or operating
in the Commonwealth of Pennsylvania equipment or facilities or producing,
generating, transmitting, distributing or furnishing electricity for
the production of light, heat or power, to or for the public for compensation,
or conveying or transmitting messages or communications by telephone
or telegraph for the public for compensation, or conveying passengers
or property or both by railroad or railway for public use and the
facilities thereof.
All public streets, alleys, rights-of-way, roads, highways
and utility areas within the Township of Whitehall, Lehigh County,
Pennsylvania.
The Township of Whitehall, Lehigh County, Pennsylvania.
It shall be unlawful for any person within the
Township of Whitehall, Lehigh County, Pennsylvania, to engage in the
business of community antenna television systems (CATV) without first
registering with the said Township for such privilege and fully complying
with the terms, conditions, fees and penalties accompanying the grant
of privileges to engage in such activities as hereinafter set forth.
[Amended 5-13-1976 by Ord. No. 1187; 6-8-2009 by Ord. No.
2776, approved 11-3-2009]
On and after the effective date of this article
no poles, cables, equipment, apparatus or wires for the construction,
maintenance and operation of community antenna television systems
(CATV) shall be installed on, in or upon any streets within the confines
of Whitehall Township unless it be upon poles and rights-of-way of
a public utility presently operating within the said Township, and
there be filed in the office of the Mayor of Whitehall Township, Pennsylvania,
proper written permission therefor from the said public utility.
Only public utilities shall be permitted to
erect poles upon any of the streets and rights-of-way of Whitehall
Township, Lehigh County, Pennsylvania and any poles as well as any
and all wires, cables, apparatus or equipment thereon shall be deemed
to be under the license, operation and control of the public utility
owning the said poles.
[Amended 5-13-1976 by Ord. No. 1187; 6-8-2009 by Ord. No.
2776, approved 11-3-2009]
Any person or applicant desiring to operate
community antenna television systems (CATV) in Whitehall Township
shall file an application for this privilege with the Mayor, which
application shall contain the following information, and be accompanied
by the following documents:
A.
A detailed list of the names and residences and business
addresses of the owners and, if applicant is a corporation, the names
and residences and business addresses of all officers, directors and
shareholders.
B.
Written authorization from appropriate public utilities
for the applicant to use any public utility poles and a license and
evidence of written approval of applicant's installation thereon of
all cables, wires, apparatus, equipment and facilities.
C.
Certified copies of any and all certificates, approvals
and licenses from the Pennsylvania Public Utility Commission and the
Federal Communications Commission and contracts by and between applicant
and any other public utilities.
D.
Written assurance that applicant agrees:
(1)
To comply with any and all future regulations of CATV
operations by the Federal Communications Commission and the Pennsylvania
Public Utility Commission.
(2)
That all wires, cables, equipment, apparatus and facilities
shall be at such minimum heights, quality and specifications as are
or may be required by the Pennsylvania Public Utility Commission and
the Pennsylvania Department of Highways.
(3)
To file and keep current with the Township a map or
plan showing the location within the Township of its lines and other
facilities; a schedule of uniform tariffs covering installation and
hookup charges for both commercial and residential buildings and services
charges relating thereto and any subsequent changes in said maps,
plans and tariffs.
(4)
Not to sell, transfer or assign the privilege certificate
without the written approval of Township
E.
A bond with good and sufficient surety to be approved
by the Township in the amount of $100,000 and conditional upon said
person or applicant paying or causing to be paid any sums which may
become due and payable because of failure:
(1)
To install and maintain in good, proper and safe order
and condition its cables, wires, equipment, apparatus or facilities
within the Township.
(2)
To remove its cables, wires, equipment, apparatus
or facilities in the event that either the said business should be
discontinued or that the privilege to conduct such business under
this article shall be revoked by the Township.
(3)
To comply with any and all of the terms of this article
under which the privilege certificate is issued.
F.
A comprehensive liability insurance policy of maximum
limits fully protecting the Township of Whitehall from any and all
claims for damage to property and/or personal injury, including death
which may occur from the operation of CATV within the Township.
[Amended 5-13-1976 by Ord. No. 1187; 6-8-2009 by Ord. No.
2776, approved 11-3-2009]
Upon compliance with all of the foregoing registration
requirements, the Mayor is authorized to issue a certificate of privilege
to the applicant.
A.
A privilege fee is herewith levied on each person
operating a cable antenna television system within the Township of
Whitehall. Such franchise fee is in the amount of 5% of such operator's
annual gross revenues, as defined herein, accrued during each calendar
year in which such operator holds a certificate of privilege from
the Township of Whitehall.
B.
Such privilege fee is payable to the Township of Whitehall
within 90 days after the close of each calendar year for which annual
gross revenues are calculated. With payment of such franchise fee,
each such operator shall submit to the Mayor a verified statement
of such annual gross revenues, unqualified and certified by such operator's
chief financial officer or an independent certified public accountant
acceptable to the Township, showing with particularly each item comprising
such annual gross revenues. Such annual statement shall be prepared
in accordance with generally accepted accounting standards as established
by the Financial Accounting Standards Board (FASB).
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
C.
No acceptance of any payment shall be construed as
an accord that the amount paid is, in fact, the correct amount nor
shall such acceptance of payment be construed as a release of any
claim which the Township may have for further or additional sums payable
under the provisions of this section.
The following regulations shall apply to operators
who have received a certificate of privilege:
A.
Each operator shall keep and render its books and
records in a manner which will readily disclose each item comprising
gross revenues with particularity.
B.
For purposes of calculating gross revenues as defined in § 13-59 above, the phrase "arising from or attributable to operation of the cable antenna television system" as used in such subsection shall include, but not be limited to:
(1)
Any activity, product or service which generates revenue
of any type whatsoever and which is offered to the subscribers of
the system by means of the system or any related service.
(2)
Any activity, product or service which is revenue
producing and is offered to the subscribers of the system by any medium
other than the system but not limited to direct mail and home delivery
if the system's subscriber list or any portion thereof is utilized
for purposes of solicitation.
(3)
Any activity, product or service in the production
or provision of which any of the assets of the system including, but
not limited to, cable, production facilities and administrative facilities,
are included, unless reasonable consideration is paid to the system
for such utilization.
(4)
Any television programming or other services offered
to the citizens of Whitehall Township within the term of the franchise
by means of delivery whatsoever where such programming or services
are or could be offered by means of the system.
C.
Each operator shall permit the Township Auditors or
any independent accountant retained by Whitehall Township, or any
other Township representative, at all reasonable times with 72 hours
prior notice to inspect the books and records of such operators, including
all records pertaining to the calculations of gross revenues.
Any failure of the applicant to comply with
the provisions contained in this article shall be deemed to constitute
a forfeiture of any of the privileges that may have been granted to
the applicant by the Township.
[Amended 10-17-1995 by Ord. No. 1944; 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
