[HISTORY: Adopted by the Borough Council of the Borough of Mahanoy City as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-1992 by Ord. No. 92-9[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. A194, Cable Television Franchise, adopted 1-4-1977 by Ord. No. 390.
This ordinance shall be known and may be cited as the "Cable Television Franchise Ordinance of the Borough of Mahanoy City."
This ordinance is granted at a regular public meeting of the Borough Council of the Borough of Mahanoy City, Schuylkill County, Pennsylvania, upon careful consideration of the qualifications, including the legal character, financial and technical qualifications of Service Electric Company.
A. 
For the purpose of this ordinance and when not inconsistent with the context, words used here in the present tense include the future; words in plural include the singular and vice versa. The word "shall" is always mandatory. The captions supplied herein for each section are for convenience only. Said captions have no force of law, are not part of the section and are not to be used in construing the language of the section.
B. 
The following terms and phrases as used herein shall be given the meanings set forth below:
BOROUGH
The Borough of Mahanoy City, Schuylkill County, a municipal corporation organized under the laws of the Commonwealth of Pennsylvania.
COUNCIL
The Borough Council of the Borough of Mahanoy City.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
The present federal agency of that name as constituted by the Communications Act of 1934[1] or any successor agency created by the United States Congress.
GRANTEE
Service Electric Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, and it is the grantee of rights under this franchise.
GROSS SUBSCRIBER REVENUES
Any and all compensation or receipts received by the grantee for services rendered in the Borough of Mahanoy City in connection with the carriage of broadcast signals. "Gross subscriber revenues" shall include revenues from leased channels or programming offered as options to the regular service either on a per-program or per-channel charge basis.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
A. 
There is hereby granted by the Borough to the grantee the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over or under the streets, alleys, easements, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto in the Borough all poles, wires, cable, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation in the Borough of a cable television system for the transmitting of television signals and other signals either separately or upon or in connection with any public utility maintaining the same in the Borough with all of the necessary and desirable appliances and appurtenances pertaining thereto.
B. 
Without limiting the generality of the foregoing, this franchise and grant shall and does hereby include the right in, over, under and upon the streets, sidewalks, alleys, easements and public grounds and places in the Borough to install, erect, operate or in any way acquire the use of, as by leasing or licensing, all lines and equipment necessary to a cable television system and the right to make connections to subscribers and the right to repair, replace, enlarge and extend said lines, equipment and connections.
A. 
The grantee shall at all times during the life of this franchise be subject to all lawful exercise of the police power of the Borough and to such reasonable regulation as the Borough shall hereafter by ordinance provide. The grantee shall save the Borough harmless from all loss sustained by the Borough on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence of its television system in the Borough, and for this purpose the grantee shall carry property damage and public liability insurance with some responsible insurance company or companies qualified to do business in the Commonwealth of Pennsylvania.
B. 
The amounts of such insurance to be carried for liability due to property shall be $200,000 as to any one person and $750,000 as to any one accident, and against liability due to injury or death of persons, $1,000,000 as to any one person and $1,000,000 as to any one accident. The Borough shall notify the grantee within 10 days after the presentation of any claims or demand either by suit or otherwise, made against the Borough on account of negligence as aforesaid on the part of the grantee.
The grantee shall maintain a business office or a toll-free telephone listing in the Borough for the purpose of receiving inquiries and complaints from its customers. The grantee shall respond to all complaints by the public within five days after the receipt of the complaint and the grantee shall in good faith resolve each complaint swiftly and equitable.
A. 
All structures, lines and equipment erected by the grantee within the Borough shall be so located as to cause minimum interference with the proper use of streets, alleys, easements and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners, and the grantee shall comply with all reasonable, proper and lawful ordinances of the Borough now or hereafter in force. Existing poles, posts and other such structures of electric power system in the Borough or of any telephone company or other public utility shall be made available to the grantee for leasing or licensing at reasonable terms and shall be used to the extent practicable in order to minimize interference with travel. The Borough shall assist the grantee to the extent practicable in obtaining joint pole use agreements from owners of existing poles.
B. 
In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall at its own expense and cost and in a manner approved by the Borough replace and restore all paving, sidewalk, driveway or surface disturbed in as good condition as before said work was commenced, and shall comply with all Borough ordinances pertaining thereto.
C. 
In the event that at any time during the period of this franchise the Borough shall lawfully elect to alter or change any street, alley, easement or other public way requiring the relocation of the facilities of the grantee, then in such event the grantee, upon reasonable notice by the Borough, shall remove, relay and relocate the same at its own expense; provided, however, that where public funds are available for such relocation pursuant to law then in that event the grantee shall not be required to pay the costs.
D. 
The grantee shall on the request of any person holding a building moving permit issued by the Borough temporarily raise or lower its lines to permit the moving of the building.
E. 
The grantee shall have the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming into contact with the facilities of the grantee.
F. 
All poles, lines, structures and other facilities of the grantee in, on, over and under the streets, sidewalks, alleys, easements and public grounds or places of the Borough shall be kept by the grantee at all times in a safe and proper condition.
A. 
This franchise is governed by and subject to all applicable rules and regulations of the Federal Communications Commission, specifically including Part 76,[1] and by the laws of the Commonwealth of Pennsylvania. Should there be any modifications of the provisions of Section 76.31 of the rules and regulations of the Federal Communications Commission which must be incorporated into this franchise, the Borough and the grantee agree that such incorporation shall be accomplished within one year after the effective date of the FCC's adoption of the modification or upon renewal of this franchise, whichever occurs first.
[1]
Editor's Note: See 47 CFR Part 76.
B. 
If the federal or state regulations applicable to this franchise agreement should be modified or amended to grant to the Borough greater rights or control or increased franchise fees, the Borough shall have the right to renegotiate the terms of this agreement affected by said modifications or amendments.
This franchise shall take effect and be in full force from and after the final passage hereof, subject to acceptance by the grantee as herein provided, and the same shall continue in full force and effect for the term of 10 years beginning December 8, 1992.
If the grantee should violate any of the terms, conditions or provisions of this franchise or if the grantee should fail to comply with any reasonable provisions of any ordinance of the Borough regulating the use by the grantee of the streets, alleys, easements or public ways of the Borough and should the grantee continue to violate the same for a period of 30 days after the grantee shall have been notified, in writing, by the Borough to desist from such violations so specified, then the franchise granted herein shall be deemed to be annulled and forfeited and the grantee shall lose all the rights and privileges granted by this franchise. The grantee shall have the right to appeal such forfeiture to a court of competent jurisdiction.
The grantee may surrender this franchise at any time upon filing with the Borough a written notice of its intention to do so at least six months before the surrender date. On the surrender date specified in the notice, all of the rights and privileges, obligations and duties of the grantee shall terminate.
All of the rights and privileges and all of the obligations, duties and liabilities created by this franchise shall pass to and be binding upon the successors of the Borough and the successors and assigns of the grantee. This franchise shall not be assigned or transferred without the written approval of the Borough Council; provided, however, that this section shall not prevent the assignment of the franchise by the grantee as security for debt without such approval.
A. 
In consideration of this franchise, the grantee agrees to pay to the Borough a sum of money equal to 5% of the grantee's gross revenues per year derived from the cable television services rendered in the Borough. Such annual sums shall be payable 1/2 thereof at the end of each semiannual period. This semiannual anniversary shall be the last day of June and the last day of December of each year, and each semiannual payment shall be paid within 45 days thereafter.
B. 
The Borough shall have the right to review the grantee's books and financial records on a semiannual basis if dispute should arise as to the sum of money due and payable under this section.
This ordinance is a valid and binding contract between the Borough and the grantee. The right to continue providing cable television service to residents of the Borough and to collect fees for so doing is granted to the grantee upon condition, and as consideration for, the grantee's compliance with the terms of this ordinance and all other laws.
The Borough shall be given a thirty-day notice, in writing, of all anticipated rate increases by the grantee. Said notice shall set forth the proposed increase, together with a statement of the reasons why the proposed increase is necessary. The grantee agrees not to raise its rates due to the franchise fee.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any federal or state court or administrative agency of competent jurisdiction specifically including the Federal Communications Commission, such portion shall be deemed a separate distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof.
All ordinances and/or resolutions or part thereof, inconsistent with this ordinance are hereby repealed, null or void.
This ordinance shall become effective on December 8, 1992.
[Adopted 8-13-2002 by Ord. No. 2002-4]
This ordinance shall be known and may be cited as the "Cable Television Franchise Extension Ordinance of 2002" of the Borough of Mahanoy City.
Under the franchise ordinance, the company has been authorized to provide cable television services in the Borough from December 8, 1992, until December 7, 2002. The company and the Borough desire to extend the company's franchise rights for an additional 10 years, with an automatic renewal period of five years, provided the company and the Borough agree to the extension, in writing, at least six months prior to the ten-year renewal period. The Borough has determined that extension of the franchise will benefit the community and its citizens and will serve the public interest.
It is hereby ordained by the Council of the Borough of Mahanoy City, Pennsylvania, assembled in regular session, as follows:
A. 
By this ordinance, the Borough hereby acknowledges that all of the terms, conditions, and requirements set forth in the franchise ordinance are extended for an additional term of 10 years, with a renewal option as set forth in § A194-20 hereof. In this regard, all terms, conditions, and requirements of the franchise ordinance are incorporated by reference into this ordinance.
B. 
All terms and conditions set forth in the franchise ordinance shall and do remain in full force and effect until the expiration of the current franchise ordinance (December 7, 2002), at which time this ordinance and the new ten-year franchise extension term shall commence.
C. 
The Borough confirms that the company is the current, lawful holder of the franchise, that the franchise ordinance and this ordinance are validly issued.
This ordinance, when accepted by the company, shall be and become a valid and binding contract between the Borough and the company, but this ordinance shall be void unless the company shall within 90 days after the final passage of this ordinance, file with the Borough a written acceptance of this ordinance and the franchise extension herein granted, agreeing that it will comply with all the provisions and conditions hereof and with the existing franchise ordinance, as extended, and that it will refrain from doing all things prohibited by this ordinance or by the existing franchise ordinance.