[HISTORY: Adopted by the Borough Council of the Borough of Paxtang as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-2008 by Ord. No. 614]
The Borough hereby grants Verizon a nonexclusive cable franchise, subject to and in accordance with the terms and conditions of the agreement. A copy of the agreement is attached hereto and made a part hereof as Exhibit A.
Nothing in this ordinance, including the agreement, shall alter the terms of any other franchise(s) previously granted by the Borough. Such other franchise(s) shall remain in effect according to their particular terms and conditions.
Pursuant to 53 Pa.C.S.A. § 2305, the Borough hereby authorizes the Capital Region Council of Governments to undertake those responsibilities that it is specifically permitted to undertake pursuant to the agreement.
[Adopted 10-19-2010 by Ord. No. 621]
Pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, the regulations of the Federal Communications Commission and Pennsylvania law, Paxtang Borough (hereinafter the "Borough") is authorized to grant franchises to construct, operate and maintain a cable system utilizing public rights-of-way and properties within the Borough's jurisdiction.
Comcast of Southeast Pennsylvania, LLC ("Comcast") currently holds a cable franchise from the Borough originally granted to Comcast or a predecessor of Comcast.
The aforesaid cable franchise authorizes Comcast to maintain, construct, operate and upgrade its cable system over, under and along the public rights-of-way for use by the Borough's residents.
The aforesaid rights-of-way used by Comcast are public properties acquired and maintained by the Borough and held in trust on behalf of citizens of the Borough, and the right to use said rights-of-way is a valuable property right.
The Borough desires to protect and manage the aforesaid rights-of-way, require high standards of customer service, ensure future technical improvements to maintain a technologically-advanced cable system, establish certain reporting requirements, obtain certain complimentary services, receive franchise fees for Comcast's use of the Borough's rights-of-way as provided by federal law, establish certain reporting requirements and provide for the current and future cable-related needs of its residents.
The Borough has determined that Comcast has the financial, legal and technical ability to provide cable services to subscribers located in the Borough; and
The Borough, after affording the public notice and opportunity for comment, has determined that the public interest would be served by renewing Comcast's franchise according to the terms and conditions contained in the cable franchise agreement negotiated between the Borough and Comcast.
The Borough Council does hereby approve the cable franchise agreement negotiated with Comcast, including all of the terms and conditions contained therein, and does hereby authorize the execution of such agreement.