[Amended 4-14-2003 by Ord. No. 644]
A. All installations shall be underground in those areas
of the Township where telephone and electric utilities' facilities
are or are required to be underground at the time of the installation
of the franchisee's cable television system. In areas where both telephone
and electric utilities' facilities are above ground at the time of
the installation of the franchisee's cable television and communication
system, the franchisee may install its service above ground only upon
the condition, which shall be included in any agreement awarding a
franchise in accordance herewith, that at such time as those facilities
are placed underground by the telephone and electric utility companies
or are required to be placed underground by the Township, the franchisee
shall likewise place its facilities underground at its sole cost and
expense.
B. The franchisee at his expense shall restore all private
property damaged or disturbed during the installation of poles, cables,
wires or equipment to a condition at least equal to the kind and quality
existing at the start of the work.
C. All installations of equipment shall be durable, of
a permanent nature, and installed in accordance with good engineering
practice and shall comply with all existing Township regulations,
ordinances, and state laws so as not to unduly interfere with the
travel and use of public places by the public during the construction,
repair, or removal thereof.
D. In the construction, conduct, maintenance and operation
of its business, the franchisee shall comply with all requirements
of the Township ordinances, resolutions, local laws, requirements
and specifications heretofore or hereafter enacted or established,
including but not limited to those concerning street work, street
excavation, use and removal and relocation of property within a street.
E. The franchisee shall maintain all wires, conduits,
cable and other real and personal property and facilities in good
condition.
F. The franchisee shall keep accurate and complete, as-built
maps and records of its system and facilities and shall furnish to
the Township as soon as they are available, complete copies of such
maps and records. Said maps and records shall be available for inspection
by the public during normal business hours.
G. The franchisee shall comply with all federal, state
and local codes and ordinances governing the construction, installation,
operation, and maintenance of the cable television system.
[Amended 4-14-2003 by Ord. No. 644]
A. The franchisee shall comply with current and future
rules and regulations of the federal, state, and local agencies in
connection with and relating to the operation of its system.
B. Remote live telecasting. The franchisee shall provide
upstream channel capability for live or taped telecasts from at least:
(2) Township Municipal Building or other public buildings.
C. Service to community facilities. The franchisee shall
provide each accredited college or university, and each public and
licensed private or parochial educational institution (elementary
or secondary, for educational purposes only), each public library,
each fire company and each Township building and such other facilities
as the Township and franchisee may mutually agree, with a single service
drop and service without charge.
D. Interconnection.
(1) Subject to applicable third-party agreements, the
franchisee shall be required to interconnect its public, education
and government access channels with those of any other cable television
and communications facility operating in contiguous municipalities
or such larger territory as may be feasible, such interconnection
to be made within 30 days of a request by the Township. For good cause
shown, the franchisee may request and the Township may grant reasonable
extension of time to comply with this requirement.
(2) Franchisee will interconnect its cable television
system with any and all companies serving the municipalities which
comprise the Rose Tree Media School District. Franchisee will broadcast
all local origination and educational broadcasts originating from
such other townships on franchisee's cable television system, whether
produced by franchisee or such other companies serving the municipalities
which comprise the Rose Tree Media School District. Franchisee shall
make available all local origination educational and public interest
programming to any and all cable television companies servicing the
municipalities which comprise the Rose Tree Media School District.
Franchisee will waive any proprietary interests in live or taped programming
so produced.
[Amended 4-14-2003 by Ord. No. 644]
A. All performance and technical standards governing
construction, reconstruction, installation, operation, testing, use,
maintenance and dismantling of the cable television system provided
for herein shall be in accordance with all current applicable FCC
and other federal, state, and local laws and regulations; provided,
however, that the Township may require higher or different standards
unless specifically prevented from doing so by law.
B. The franchisee shall maintain and operate a cable
system covering the Township which utilizes fiber optic receiver nodes
located throughout the plant which divide the distribution of cable
system signals to subscribers in a manner which provides high-quality
programming signals and reliable service. The cable system shall be
built for digital television standards with a bandwidth of no less
than 750 MHz with addressable technology with no less than 116 video
channels received for digital or analog transmission and with sufficient
portion of said bandwidth delivering reliable two-way cable services.
C. In recognition of the fact that the technology of
cable systems is an evolving field, the cable system in the Township
shall be capable of offering cable services that are as good as or
better than other cable systems operating in the Township and as good
as or better than other cable systems operating in the counties of
Bucks, Chester, Delaware and Montgomery ("comparable systems").
D. The cable franchise agreements entered into between
the Township and franchisees shall contain state-of-the-art provisions
requiring franchisees to improve or upgrade their cable systems when
the cable services they are offering in the Township are not as good
as cable services in comparable systems.
[Amended 4-14-2003 by Ord. No. 644]
A. Each franchisee shall state in its proposal to enter
into an agreement for the award of a franchise hereunder its initial
monthly rates and installation and all other charges for service.
B. The franchisee shall give notice of its intention
to change monthly rates and installation charges for residential service
by mailing notice thereof to each of its current subscribers to whom
such charges shall apply in accordance with all FCC requirements.
[Amended 1-25-1982 by Ord. No. 303; 4-14-2003 by Ord. No.
644]
The Council shall have power to adopt, prescribe,
make, alter and rescind such rules and regulations, procedures and
forms, consistent with ordinances of the municipality and laws of
the Commonwealth, from time to time, for carrying out its functions
and responsibility.
[Amended 4-14-2003 by Ord. No. 644]
A. The Franchisee shall pay to the Township a franchise
fee based upon an agreed percentage of the franchisee's gross revenues,
as negotiated between the parties, in accordance with FCC regulations.
B. "Gross revenues" shall mean all revenue received directly
or indirectly by the franchisee or its affiliated entities from any
source whatsoever arising from, attributable to, or in any way derived
from the operation of franchisee's cable system in the Township to
provide cable services. Gross revenues shall include, but are not
limited to, the following: basic service fees; fees charged to subscribers
for any optional, per-channel or per-program services; revenue from
the provision of any other cable services; charges for installation,
additional outlets, relocation, disconnection, reconnection and change-in-service
fees for video or audio programming; fees for leasing of channels;
rental or sales of any and all equipment, including converters and
remote control devices; studio rental, production equipment and personnel
fees; any and all advertising revenues; fees charged for use of any
equipment, including cable transmission wires, to any other entity;
revenues or commissions from home shopping channels; fees for any
and all music services, including DMX fees for video-on-demand; sales
of program guides; late payment fees; NSF check charges; and franchise
fees. Gross revenues shall not include: Internet access or cable modem
service fees; installation, relocating, disconnection, reconnection
and change-in-service fees for Internet access or cable modem service;
bad debts or any taxes on services furnished by franchisee and imposed
directly upon any subscriber or user by the municipality, state, federal
or other governmental unit.
C. The Franchisee shall file annually with the Township
within 90 days after the expiration of each fiscal year of the franchisee
a financial statement certified by an independent certified public
accountant in accordance with generally accepted accounting principles.
In addition to the normal audit procedures, the auditor shall perform
such work as may be necessary to certify that gross revenues as defined
above, as may then be applicable, are property stated.
D. On an annual basis, upon 30 days prior written notice,
the Township shall have the right to conduct an independent audit
of the franchisee's records reasonably related to the sources, amounts
and computation of gross revenues in accordance with generally accepted
accounting principles; provided, however, that any such audit shall
take place within four years from the date the Township receives such
payment, after which period any such payment shall be considered final.
Such records shall be kept or made available to the Township at the
notice location for franchisee specified in the cable franchise agreement
between Township and franchisee. Any reproduction of such records
for purposes of inspection shall be performed at franchisee's expense.
If the audit shows that franchisee fees have been underpaid, then
franchisee shall pay the underpaid amount and liquidated damages of
10% of the underpayment. If franchise fees have been underpaid by
5% or more, then franchisee shall also pay the total cost of the audit.
E. The franchisee shall also supply to the Township such
financial information relating to the franchisee as the Township may,
from time to time, reasonably request in writing.
[Amended 4-14-2003 by Ord. No. 644]
In addition to all of the rights and powers
accruing to the Township under this chapter or otherwise, Council
reserves the right to terminate and cancel the franchise in accordance
with applicable law.
[Amended 4-14-2003 by Ord. No. 644]
At the expiration of the term for which this
franchise is granted, or upon its termination and cancellation as
provided for herein, the Township shall have the right to require
the franchisee to remove at its own expense all portions of the system
from the Township.
[Amended 4-14-2003 by Ord. No. 644]
Franchisee shall, at its sole cost and expense,
indemnify and hold the Township, its elected and appointed officials,
its officers, employees and agents, acting in their official capacities,
harmless at all times during the term of the franchise agreement from
and against any and all liability, losses or damages, including attorneys'
fees and costs of defense, the Township may suffer as a result of
claims, demands, suits, actions or proceedings or any kind or nature
arising out of the construction, upgrade, installation, removal, operation
or maintenance of all or part of its cable system, including the actions
of any contractor or subcontractors acting within the scope of its
engagement. Upon timely receipt of notice in writing from the Township
of the Township's receipt of a claim or action pursuant to this section,
franchisee shall, at its own expense, defend any action or proceeding
against the Township in which it is claimed that any injury or property
damage was caused by the activities of franchisee, its officers, employees
and/or agents, in the construction, upgrade, installation, removal,
operation or maintenance of its cable system.
[Amended 4-14-2003 by Ord. No. 644]
A. Franchisee shall maintain insurance through the term
of this agreement with the Township as an additional insured, with
an insurance company which is authorized to conduct business in Pennsylvania
and which has an A.M. Best rating (or equivalent) no less than "A",
indemnifying the Township from and against any and all claims for
injury or damages to persons or property, both real and personal,
caused by the construction, installation, reconstruction, operation,
maintenance or removal of the cable system by franchisee or any of
its contractors, subcontractors, agents or employees in the following
amounts:
(1) The amount of such insurance against liability for
damage to property shall be no less than $1,000,000 as to any one
occurrence.
(2) The amount of such insurance against liability for
injury or death to any person shall be no less than $1,000,000.
(3) The amount of such insurance for excess liability
shall be $5,000,000 in umbrella form.
(4) Franchisee shall maintain workers' compensation insurance
on all employees engaged in its installation or service of its equipment.
B. All insurance coverage shall be maintained throughout
the period of the agreement. All insurance policies shall contain
a provision that the Township will receive 30 days' written notice
prior to any changes or cancellation of the policy. All expenses incurred
for said insurance shall be at the sole expense of franchisee.
C. A certificate evidencing the insurance coverage required
herein shall be provided by franchisee to the Township upon request.
[Amended 4-14-2003 by Ord. No. 644]
Any person violating any term or condition or
prohibition contained in this chapter shall be liable for a fine not
to exceed $1,000 per day for each day of violation. In the event that
the violation is a violation of a specific provision contained in
a cable franchise agreement between the Township and the franchisee,
which provides for a specific penalty or sanction for the particular
violation, the penalty provisions in said agreement, including but
not limited to any amicable notice provisions and liquidated damages
provisions, shall govern.