[HISTORY: Adopted by the Board of Commissioners
of the Township of South Fayette 12-17-2007 by Ord. No. 19-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 210.
[1]
Editor's Note: This ordinance also superseded
former Ch. A249, Cable Television Franchise, adopted 1-16-1969 by
Ord. No. 272, as amended.
Upon proper motion, South Fayette Township Board
of Commissioners, through its President and Secretary/Manager, are
hereby authorized to execute an agreement(s) granting and giving to
certain cable franchise operators (hereinafter called "grantee"),
a nonexclusive franchise, consent and license to erect, maintain and
operate transmission and distribution facilities for the purpose of
transmission by cable and distributing television impulses and television
energy for sale to the inhabitants of the Township, in, under, over,
along, across and upon the public streets, highways and other public
places in said Township.
There is hereby granted through separate agreements
attached herewith[1] by the Township to the grantee the right and privilege
to construct, operate and maintain a cable television system and related
business operation in the Township and for the purpose to erect, install,
construct, repair, replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any street or streets laid out
or dedicated and all extensions thereof and additions thereto in the
franchise area, such poles, wires, cable, conductors, ducts, conduit,
vaults, manholes, pedestals, amplifiers, appliance, attachments, and
other property as may be necessary and appurtenant to the CATV system;
and also for that purpose to lease or in any other manner obtain the
use of towers, poles, lines, underground conduits and facilities of
every kind from other persons, including but not limited to any public
utility or other grantee franchised or permitted to do business in
the Township as detailed in the individual franchise agreement that
shall be made part of this Chapter by existing and/or future exhibits.
[1]
Editor's Note: Said agreements are on file
in the Township offices.
The right to use and occupy said streets for
the purposes herein set forth in any individual agreement shall not
be exclusive in the grantee. The Township shall, however, require
a franchise agreement for any other individual or company engaging
the CATV or similar business within any portion of the Township.
The Township shall have the right and authority
pursuant to the Cable Communications Act of 1984 to require the grantee(s)
to pay to the Township a franchise fee not to exceed 5% of the grantee's
gross revenues per annum.
The agreement(s) provided as exhibits to this
chapter[1] shall stipulate that the grantee shall procure any and
all easements, rights-of-way, grants, certificates of approval, permits
and agreements which may be required from any persons or corporations
from any federal, state, municipal, or other governmental authority
or from any utility companies presently operating in the Township
and with whom the grantee may connect any lines or with whom the licensee
may jointly use any poles, lines or other transmission or distribution
facilities
[1]
Editor's Note: Said agreements are on file
in the Township offices.
A.
The grantee(s) shall at all times protect and hold
the Township harmless from all claims, actions, suits, liability,
loss, expense or damages of every kind and description, including
investigation costs, court costs, and reasonable attorney's fees,
which may accrue to or be suffered or claimed by any person or persons
arising out of the negligence and alleged contractual dispute of the
grantee in the ownership, construction, repair, replacement, maintenance
and operation of said cable television system and by reason of any
license, copyright, property right or patent of any article or system
used in the construction or use of said system, provided the Township
gives the grantee prompt notice of any such claims, actions, and suits,
without limitation, in writing.
B.
The grantee shall maintain in full force and effect
during the life of any franchise, public liability and property damage
insurance providing for an endorsement thereof in the name of the
Township in a minimum amount established by the Board of Commissioners
for single limit liability from the time of commencement of construction
of the CATV system. All such insurance may contain reasonable deductible
provisions not to exceed $1,000 for any type of coverage. The Township
may require that any and all investigation of claims made by any person
against the Township arising out of any use or misuse of privileges
granted to the grantee hereunder shall be made by, or at the expense
of the grantee or its insurer. The grantee may bring its obligations
to carry any insurance required hereby within the coverage of any
so-called blanket policies of insurance now or hereafter carried by
appropriate amendment endorsement or otherwise; provided, however,
that the interest of the Township shall be as fully protected thereby
as if the grantee had obtained individual policies or insurance.
The authority to issue franchises shall commence
and take effect immediately on the enactment of the within chapter.
The Board of Commissioners shall have the authority to issue franchises
for a period of time not to exceed 15 years. Upon application by the
grantee to the Township, the franchise may be renewed for a ten-year
period, provided that the company has complied with the terms and
conditions hereof.
It is the intent of this chapter to adopt the
provisions of the Cable Communications Act of 1984 and any and all
regulations and amendments adopted pursuant thereto.
The Township hereby designates the Township
Manager to have primary responsibility for the continuing administration
of the instant ordinance and implementation of complaint procedures
contained within any individual franchise agreement attached as an
exhibit to this chapter.[1]
[1]
Editor's Note: Any said exhibit is on file
in the Township offices.
Each television cable provider shall be required
to enter into a franchise agreement with the Township prior to providing
any service within the Township. Further, all agreements shall be
approved by ordinance by the Board of Commissioners following proper
review and public notice. Such individual agreement shall be attached
to this chapter by exhibit[1] and shall be a part of this chapter. It shall be the responsibility
of the Township Manager to ensure that the individual agreements are
provided as exhibits to this chapter. Individual agreements may be
modified, extended, amended and/or terminated by separate ordinance
without the modification of this chapter.
[1]
Editor's Note: Any said exhibit is on file
in the Township offices.
A.
From and after the effective date of this chapter,
it shall be unlawful for any person to construct, install or maintain
within any public street within the physical limits of the Township,
or within any other public property of the Township or within any
privately owned area within the Township which has not yet become
a public street but is designated or delineated as a proposed public
street on any tentative subdivision that may be approved by the Township,
any equipment or facilities for distributing any television signals
or radio signals through a CATV or similar system, unless a franchise
authorizing such use of such street or property or area has first
been obtained, and unless such franchise is in full force and effect.
B.
It shall be unlawful for any person to make any unauthorized
connection, whether physically, electrically, acoustically, inductively,
or otherwise, with any part of the franchised CATV system within the
physical limit of this Township for the purpose of enabling anyone
to receive any television signal, radio signal, picture, or sound,
without payment to the grantee.
C.
It shall be unlawful for any person, without the consent
of the owner, willfully to tamper with, remove or injure any cables,
wires or equipment used for distribution or television signals, radio
signals, pictures, or sound.
D.
Any person violating or failing to comply with any
of the provisions of this chapter shall be subject to a fine of not
less than $100 nor more than $600, plus costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days. In addition, grantee may pursue all other remedies
for the above wrongful action under the applicable criminal and civil
law.
