[HISTORY: Adopted by the Board of Commissioners of the Township of South Fayette 12-17-2007 by Ord. No. 19-2007. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 210.
Editor's Note: This ordinance also superseded former Ch.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 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.
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 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
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.
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.
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 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.
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.
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.
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.
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.