A grantee and the grantor shall act reasonably and in good faith,
deal fairly, and cooperate with each other to enable performance of
all obligations under this chapter and achievements of the expected
benefits. A grantee shall conform to all grantor ordinances, resolutions,
rules and regulations heretofore or hereafter adopted or established
during the entire term of a franchise agreement which conform with
generally applicable grantor ordinances.
Upon revocation or lawful denial of renewal of a franchise agreement,
the grantor may require a grantee to continue to operate the cable
system for an extended period of time not to exceed six months. A
grantee shall, as trustee for its successor in interest, continue
to operate the cable system under the terms and conditions of a franchise
agreement. In the event a grantee does not so operate the cable system,
the grantor may take such steps as it, in its sole discretion, deems
necessary to assure continued service to subscribers.
A grantee shall not be relieved of its obligation to comply
with any of the provisions of this chapter or a franchise by reason
of any failure of the grantor to enforce prompt compliance.
The grantee shall comply with the emergency alert provisions
set forth by the FCC, set forth under 47 CFR Part 11, FCC Rules and
Regulations, Emergency Alert System (EAS). To the extent required
by federal and state law, grantee shall assist the grantor in working
with the Centre County Office of Emergency Services and the Centre
Region Emergency Management Council in the establishment of an emergency
response plan.
This chapter and a franchise shall be construed and enforced
in accordance with the substantive laws of the Commonwealth of Pennsylvania
except to the extent the Supremacy Clause of the United States Constitution
requires application of federal law.
The paragraph captions and headings in a franchise are for convenience
and reference purposes only and shall not affect in any way the meaning
of interpretation of a franchise.
Where the performance or doing of any act, duty, matter, payment
or thing is required hereunder and the period of time or duration
for the performance or during thereof is prescribed and fixed herein,
the time shall be computed so as to exclude the first and include
the last day of the prescribed or fixed period or duration of time.
When the last day of the period falls on Saturday, Sunday or a legal
holiday, that day shall be omitted from the computation.
Except as may be permitted by applicable court rules, any proceedings
relating to this chapter or a franchise granted pursuant to it will
be venued in the courts of Centre County, Pennsylvania.
The grantee shall not be held in default under, or in noncompliance
with, the provisions of the chapter or franchise, nor suffer any enforcement
or penalty relating to noncompliance or default (including termination,
cancellation or revocation of the franchise), where such noncompliance
or alleged defaults occurred or were caused by strike, riot, war,
earthquake, flood, tidal wave, unusually severe rain or snow storm,
hurricane, tornado or other catastrophic act of nature, labor disputes,
failure of utility service necessary to operate the cable system,
governmental, administrative or judicial order or regulation or other
event that is reasonably beyond the grantee's ability to anticipate
or control. This provision also covers work delays caused by waiting
for utility providers to service or monitor their own utility poles
on which the grantee's cable or equipment is attached, as well
as unavailability of materials or qualified labor to perform the work
necessary.
Nothing in this chapter or the grantee's franchise agreement
is or was intended to confer third-party beneficiary status on any
member of the public to enforce the terms of this chapter or the franchise
agreement.