A.
The Borough shall exercise appropriate regulatory
authority under the provisions of this chapter and applicable law.
This authority shall be vested in the Borough Council and administered
in through the Borough Administrator or his or her 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 communications 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, without limitation, regulation
regarding franchise fees, taxes, programming, rates charged to subscribers
and users, consumer protection, or any other similar or dissimilar
matter.
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 termination of a franchise
pursuant to the provisions of this chapter, the franchise agreement,
and other applicable law.
(3)
Consent prior to sale or transfer of any franchise
granted hereunder.
(4)
Performance evaluation.
(5)
Rate regulation, to the extent authorized and/or elected
by the Borough under law. If the Borough elects to regulate rates,
it will comply with all FCC regulations and permit all members of
the public to participate in rate-making proceedings.
(6)
Establishment of customer service standards.
B.
The Borough also reserves the right to perform the
following functions and all other functions allowed by law present
or future:
(1)
Develop objectives and coordinate activities related
to the operation of government channels.
(2)
Approve procedures and standards for public, government
and educational access and operations and services, including the
use of dedicated channels and sharing of public facilities.
(3)
Analyze plans for expansion, interconnection and growth
of cable services.
(4)
Analyze the possibility of integrating cable communications
with other local, state or regional telecommunications networks.
(5)
Formulate and recommend long-range telecommunications
policy for the Borough, and determine the future cable-related needs
and interests of the community.
(6)
Provide the administrative effort necessary for the
conduct of performance evaluations, and any other activities required
for the administration of the franchise.
(7)
Monitor grantee's training programs for customer service
representatives and its process for handling citizen complaints and
periodically inspect and analyze the records related to such complaints.
(8)
Receive applications for rate changes, if applicable,
and provide staff assistance in the analysis and recommendations thereto.
(9)
Monitor grantee's adherence to operational standards,
service requirements and line extension policies.
(10)
Assure compliance with applicable laws and ordinances.
(11)
Arrange tests and analysis of equipment and
performance, as needed, to insure compliance with this chapter and
the franchise agreement.
(12)
Assure continuity in service.
(13)
Receive for examination all data and reports
required by this chapter.
(14)
Regulate rates on a regional basis in cooperation
with other municipalities.
A.
The Borough may, in its discretion, create a citizen's
committee entitled the Cable Television Advisory Committee. The responsibilities
of the Committee 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 chapter, franchise agreement, and
related 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. Encourage
the use of the public channels among the widest range of institutions,
groups, and individuals within the Borough.
(3)
Advise the Borough government of objectives to be
obtained in the Borough's cable communications system based upon its
continues 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 Board on the activities
of the Committee and the performance of the grantee.
(5)
Cooperate with the Borough and the grantee in fulfilling
its responsibilities herein.
B.
The Committee shall be composed of at least three
residents of the Borough who shall be appointed by the Board and who
shall serve without compensation. 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 60 days prior to any change. Notice of all
proposed rate changes must be filed with the Borough at least 60 days
prior to any change whether the Borough has the authority to regulate
the rate or not, so that the Borough can respond to any public inquiries
or complaints. If the Borough elects to regulate rates pursuant to
the Cable Act, the Borough will comply with all FCC regulations and
permit all members of the public to participate in rate-making proceedings.
No rates or charges shall be effective except as they appear on a
schedule so filed. Grantee shall notify subscribers in writing at
least 30 days prior to the implementation of any change in services
offered, rates charged, or terms and conditions related thereto. The
grantee's written notice shall include a comparison of old and new
rates and charges and shall be included in the customer's bill. A
complete schedule of grantee's rates 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. Grantee's charges
and rates for all services shall be itemized on subscriber's monthly
bills.
C.
Grantee shall provide the Borough immediately upon
receipt with copies of all rate or other complaints received by it
and/or the FCC.
