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.
All provisions of this franchise shall remain the responsibility of a grantee, and a grantee shall be responsible for and hold the grantor harmless for any claims or liability arising out of work performed by persons other than a grantee in accordance with § 92-10 of this chapter. The grantee shall further provide all emergency contact information (name, address, phone number, etc.) for grantee employee responsible for said entity.
B.
All provisions of this chapter and a franchise shall apply to any
subcontractor or others performing any work or services pursuant to
the provisions of a franchise.
A.
Conflict of law. If any federal, state or local law or regulation
requires or permits a grantee or the grantor to perform any service
or act or shall prohibit a grantee or the grantor from performing
any service or act which may be in conflict with the terms of a franchise,
then as soon as possible following knowledge thereof, grantor and
a grantee may, by mutual agreement and in accordance with such change
in law, modify a franchise agreement.
B.
Severability. If any term, condition or provision of this chapter
or a franchise or the application thereof to any person or circumstance
shall, to any extent, be rendered invalid or unenforceable as in conflict
with any law, rule or regulation of a superior governmental body,
the remainder hereof and the application of such term, condition or
provision to persons or circumstances other than those as to whom
it shall be held invalid or unenforceable shall not be affected thereby,
and this chapter and a franchise and all the terms, provisions and
conditions thereof shall, in all other respects, continue to be effective
and to be complied with. In the event that such law, rule or regulation
is subsequently repealed, rescinded, amended or otherwise changed
so that the provision which had been held invalid or modified is no
longer in conflict with the law, rules and regulations then in effect,
said provision shall thereupon return to full force and effect and
shall thereafter be binding on a grantee and the grantor.
C.
In the event that any court or other authority of competent jurisdiction
declares any section, provision or clause of this chapter and a franchise
to be unlawful, invalid or unenforceable, or is preempted by federal
or state laws or regulations, such section, provision or clause shall
be deemed to be severable from the remaining portions of this agreement
and shall not affect the legality, validity or enforceability of the
remaining portions of this agreement.
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.
A.
The grantor or its designee shall have continuing regulatory jurisdiction
and supervision over the cable system and a grantee's operation
under a franchise.
B.
A grantee shall construct, operate and maintain the cable system
subject to the supervision of all the authorities of the grantor who
have jurisdiction in such matters and in strict compliance with all
applicable laws, ordinances, departmental rules and regulations affecting
the cable system.
C.
Upon reasonable written notice and in accordance with the applicable provisions contained in § 92-30 of this chapter and a franchise, a cable system and all parts thereof shall be subject to the right of periodic inspection by the grantor, provided that such inspection shall not interfere with the operation of the cable system and such inspections take place during normal business hours with a representative of the grantee present.
A.
Except as otherwise permitted by applicable law, from and after the
acceptance of the franchise, it shall be unlawful for any person to
establish, operate or to carry on the business of distributing to
any persons in the grantor any video signals or audio signals by means
of a cable system using rights-of-way unless a franchise therefor
has first been obtained pursuant to the provisions of this chapter,
and unless such franchise is in full force and effect.
B.
Unless permitted by law, from and after the acceptance of a franchise,
it shall be unlawful for any person to construct, install or maintain
within any rights-of-way in the grantor, or within any other public
property of the grantor, or within any privately owned area within
the grantor which has not yet become a right-of-way but is designated
or delineated as a proposed right-of-way on any tentative subdivision
map approved by the grantor, or the grantor's official map or
the grantor's major thoroughfare plan, any cable system, unless
a franchise authorizing such use of such rights-of-way or property
or areas has first been obtained.
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.
