[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 3-9-1981 by Ord. No. 1981-2. Amendments noted where applicable.]
[Amended 4-24-1995 by Ord. No. 1995-2]
The Board of Supervisors finds and determines that the public convenience of the Township of Newtown would be served by a cable television and communications system. The purpose of this chapter is:
A. 
To provide for the development of cable television as a community communications system and for other public purposes.
B. 
To regulate the erection, construction, reconstruction, operation, maintenance and use of a cable television and communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the Township, as they now or in the future may exist.
C. 
To provide for the payment of fees to the Township for the construction and operation of cable communications systems.
D. 
To provide remedies for violations of this chapter.
This chapter may be cited as the "Newtown Cable Television and Communications Ordinance."
As used in this chapter, certain terms are defined as follows:
BOARD
The Board of Supervisors of the Township of Newtown.
CCB
The Newtown Township Cable Communications Board provided for in § 155-12.
FCC
The Federal Communications Commission.
LICENSE
A license to erect, maintain and operate a cable television system in accordance with the terms of this chapter.
LICENSEE
The person to whom a license under this chapter is granted.
TOWNSHIP
The Township of Newtown.
A. 
Upon application duly made, the Board may grant the nonexclusive right for the use of the public streets within the Township for the construction, operation and maintenance of cable television and communications systems subject to the terms and conditions contained in this chapter.
B. 
Any person proposing to commence or engage in the business of construction or operating a cable television and communications system in the Township shall first have applied for and have received a license pursuant to this chapter. If requested by the applicant, such license shall contain mutually acceptable provisions relating to the location of a tower within the Township.
C. 
Any person submitting an application for a license under this chapter shall provide all information required by this chapter and such other information as may be required by the Board. The form of application shall be approved by the Board by resolution. Each applicant shall be responsive to the questions soliciting such information and shall supply all the information solicited. The failure to provide such information may render an application invalid.
D. 
Each license shall be granted for a term of 15 years; thereafter, such license may be renewed for terms of 20 years in accordance with the provisions of § 155-16. Nothing in this chapter shall be construed to require such renewal.
[Amended 1-12-1998 by Ord. No. 1998-1; 2-13-2006 by Ord. No. 2006-01]
E. 
Licenses granted pursuant to this chapter shall be nonexclusive; by submitting an application for a license, the licensee acknowledges the right of the Township to grant additional licenses pursuant to this chapter.
F. 
Licenses granted pursuant to this chapter shall not be voluntarily transferred without the express approval of the Board except for transfers for financing purposes only. For the purpose of this subsection, the transfer of control of the licensee shall be deemed to be a transfer of the license.
G. 
The licensee shall not engage in the business of selling, repairing or installing television receivers or radio receivers within the Township during the terms of its license and the licensee shall not allow any of its affiliates to engage in any such business.
H. 
Copies of all petitions, applications and communications affecting the license submitted by the licensee to the FCC or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television and communications operations authorized pursuant to this chapter shall also be submitted simultaneously to the Township.
A. 
Licenses granted pursuant to this chapter shall be for the present territorial limits of the Township and for any area henceforth added thereto during the term of a license granted hereunder or any renewal thereof.
B. 
Cable television and communications service shall be made available in accordance with § 155-6 to all residences within the Township situated along existing roads in areas indicated on the map included in the license application.
A. 
Not later than 30 days after the date of a license granted pursuant to this chapter, the licensee shall begin to file necessary pole attachment permit applications. The licensee shall file all necessary pole attachment permit applications not later than 180 days after the date of its license.
B. 
The licensee shall commence construction of phase one not later than 120 days after the approval of all pole permits necessary for phase one.
C. 
The licensee shall install and make operational a cable television and communications system throughout the streets of the Township in accordance with the schedule submitted in the license application.
D. 
To the extent that any licensee intends to impose installation charges to any specific building or property, in addition to those normally charged to the appropriate classification of that building or property as permitted pursuant to the terms of § 155-11D, the licensee shall clearly indicate in its application the technical or economic reason for such additional charges in the enumerated locations.
A. 
All transmission and distribution structures, poles, wires, lines and equipment erected by the licensee within the Township shall be so located as not to interfere with the legal rights of any individual property owner.
B. 
In case of disturbance by the licensee of any street, right-of-way or paved area, the licensee shall, at its own cost and expense and in a manner approved by the Township, restore such street or paved area to the condition it was prior to the disturbance caused by the licensee.
C. 
If at any time during the period of any license granted hereunder the Township shall lawfully elect to alter or change the grade of any street or repair, modify or relocate any sanitary or storm sewers or other public facility, a licensee, upon reasonable notice by the Township, shall remove or abandon, relay and relocate its poles, wires, cable, underground conduits, manholes and other fixtures at its own expense.
D. 
The licensee shall not erect or place or cause to be erected or placed any poles or other equipment in the right-of-way boundary except with the written approval of the Board. In the event that such approval is granted, such poles or other equipment shall be so erected or placed as not to interfere with the legal rights of adjoining property owners.
E. 
All installations shall be underground in those areas of the Township where utilities' facilities are or are required to be underground at the time of the installation of the licensee's cable television system. In areas where either telephone or electric utilities' facilities are above ground at the time of the installation of the cable television and communication system, a licensee may install its service above ground. In the event that both telephone and electric utilities' facilities are placed underground by the telephone and electric utility companies or are required to be placed underground by the Township, the licensee shall likewise place its facilities underground at its sole cost and expense.
F. 
Where the licensee's wires and cable are to be placed above ground, they shall be placed upon the poles erected by the electric or telephone companies, provided that such companies have filed tariffs with the appropriate regulatory authority governing such use. If no such tariffs are applicable, the poles of the electric and telephone companies shall be used for the licensee's distribution system, provided that mutually satisfactory rental agreements can be entered into with such companies. If arrangements cannot be made for the use of the poles of such companies, the licensee shall place his wires and cable underground or seek permission to erect poles from the Board as provided for in Subsection D hereof; permission to erect poles shall not be unreasonably withheld.
G. 
A licensee shall, at the request of any person holding a permit issued by the Township to move a building, temporarily raise or lower its wires to permit the moving of buildings or equipment. The expense of such temporary removal or raising or lowering of wires to provide clearance shall be paid by the person requesting the same, and the licensee shall have the authority to require such payment in advance. The licensee shall be given no less than 10 business days' advance notice to arrange for such temporary wire changes.
H. 
A licensee shall have the authority to reasonably trim and shape trees upon and overhanging streets of the Township so as to prevent the branches of such trees from coming in contact with the wires and cables of the licensee, except that at the option of the Township such trimming may be done by it or under its supervision and direction at the expense of the licensee.
I. 
All installations of equipment shall be durable, of a permanent nature and installed in accordance with good engineering practice and shall comply with all existing Township regulations, ordinances and state laws so as not to interfere with the right of the public or individual property owner and as not to unduly interfere with the travel and use of public places by the public during the construction, repair or removal thereof.
J. 
In the construction, conduct, maintenance and operation of its business, the licensee shall comply with all requirements of the Township ordinances, resolutions, local laws, requirements and specifications heretofore or hereafter enacted or established, including but not limited to those concerning street work, street excavation, use and removal and relocation of property within a street; provided, however, that such ordinances, resolutions, local laws, requirements and specifications are not inconsistent with this chapter and any license granted hereunder and, further provided that as to matters other than the operation of a cable television system, apply generally in the Township.
K. 
Each licensee shall maintain all wires, conduits, cable and other real and personal property and facilities in good condition, order and repair.
L. 
Each licensee shall keep accurate and complete maps and records of its system and facilities and shall furnish to the Township as soon as they are available complete copies of such maps and records. Such maps and records shall be available for inspection by the public during normal business hours.
M. 
Each licensee shall comply with all FCC rules and regulations governing the construction and installation of this cable television system. In addition:
(1) 
All cable and wires shall be installed parallel with existing telephone and electric utility wires whenever possible; and
(2) 
Multiple configurations shall be in parallel arrangements and bundled in accordance with engineering and safety considerations.
A. 
Each licensee shall construct a cable television and communications system with sufficient bandwidth that, when used in conjunction with an appropriate device at the subscriber's receiver, shall be capable of the reception of a minimum of 52 downstream video channels.
B. 
Each licensee shall construct a cable television system with sufficient bandwidth that, in addition to the downstream capability noted in Subsection A hereof, there shall be a minimum of four upstream channels.
C. 
The system constructed by the licensee shall have the future capacity of providing two-way, voice and nonvoice, return communications.
D. 
In addition to the capabilities of the cable television system mandated above:
(1) 
Each licensee shall construct a cable television system which, when used with an appropriate device at the subscriber's receiver, shall enable only the reception of those broadcast channels whose carriage is permitted by the FCC and such community communications channels as shall be specifically provided for in its license;
(2) 
Each licensee shall construct a cable television system which, when used with an appropriate device at the subscriber's receiver, which device shall be available at the subscriber's option and cost, shall enable the subscriber to lock out, temporarily, reception of the premium pay television channels; and
(3) 
Each licensee shall make available the devices referred to in this Subsection D for either sale to or lease by subscribers.
A. 
Each licensee shall transmit over its system within the Township the signals of all television signals whose carriage is or may be required by the FCC or this chapter or the license to the extent permitted by law. Each licensee shall also transmit the signals of no fewer than two distant independent commercial stations. Applicants for a license shall designate in their applications the additional channels they will carry when and if permitted to do so by FCC rules and regulations.
B. 
Each licensee shall initially and continually provide:
(1) 
Education access channel: a specially designated channel for use by local educational authorities.
(2) 
Local governmental access channel: a specially designated channel for local government uses.
(3) 
Leased access channel: a local origination channel which can be used for specially designated leased access uses.
C. 
To the extent that the educational access and local government access channels are not used for their designated purposes specified in this section, they may be used for any other purpose specified in this section. If at any time the channels then so designated are used for 80% of the time on 80% of the weekdays between the hours of 8:00 a.m. and 11:00 p.m. for six consecutive weeks, the licensee shall designate an additional channel for such uses until the total channels so designated for such purposes reaches five.
D. 
Each licensee shall also transmit as many FM radio signals in the eighty-eight-to-one-hundred-eight-megacycle band as possible, the number of which shall be determined by practical engineering considerations.
E. 
Each licensee shall also provide communication facilities for the use of the Township for civil defense, police and fire purposes, which requirement shall be met by furnishing emergency alert capability which shall enable persons authorized by the Township to override the audio and/or video of all channels simultaneously.
F. 
Satellite and microwave reception. Each licensee shall have the capability to receive at its head end and retransmit over the cable television and communications system signals available by means of satellite and television signals transmitted by microwave.
G. 
System network. A licensee shall not be required to provide and maintain a separate head end within the Township; however, the distribution network must feed from a single distribution point within the Township and all subscribers in the Township must be fed from this distribution point.
H. 
Remote live telecasting. Each licensee shall provide upstream channel capability for live telecasts from:
(1) 
The Newtown Township Library.
(2) 
Marple-Newtown Schools in the Township.
(3) 
The Newtown Township Municipal Building.
(4) 
Newtown Square Fire Station(s).
I. 
Service to public buildings. Except as specified in the license, each licensee shall provide each public school, all public libraries, fire companies and Township buildings within the Township with a single service drop and service without charge. It shall, if requested, provide existing private and parochial schools within the Township, for educational purposes only, with a single service drop (any such drop exceeding 150 feet to be charged for time and material) and service without charge. Additional drops and service shall be charged to the facility by the licensee at cost to the licensee of time and material only.
J. 
Interconnection. Subject to applicable third party agreements, each licensee shall be required to allow interconnection of its education and government access channels with those of any other cable television and communications facility operating in contiguous municipalities or such larger territory as may be feasible. The licensee shall agree to such interconnection within 60 days of a request by the Township. For good cause shown, a licensee may request and the Township may grant reasonable extension of time to comply with this requirement. To facilitate interconnection, the franchisee for Marple Township may provide dual service to the Marple-Newtown School District properties on Media Line Road at no cost.
A. 
All performance and technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance and dismantling of the cable television system provided for herein shall be in accordance with all applicable FCC and other applicable federal, state and local laws and regulations; provided, however, that the Township may require higher or different standards unless specifically prevented from doing so by law.
B. 
Each licensee shall deliver to subscribers on typical standard production television sets in good repair a television picture, whether in black and white or in color, that is undistorted, free from ghost images and accompanied with proper sound and as good as the state of the art allows.
C. 
Each licensee shall transmit signals of adequate strength to produce good pictures and good sound at all outlets without interfering with other electrical or electronic systems or equipment or with television reception already in existence in the area.
D. 
Except in the case of major outages due to storms, civil unrest, acts of God or other conditions beyond the control of the licensee, each licensee must provide service response for all complaints within 24 hours Mondays through Fridays and within two hours for system outages.
E. 
Whenever it is necessary to interrupt service for the purpose of making repairs, adjustments or installations, the licensee shall do so at such time as shall cause the least amount of inconvenience to subscribers and, unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice to subscribers.
A. 
Each licensee shall state in its application for a license its initial monthly rates and installation and all other charges for service. Such initial rates and charges shall remain in effect for at least six months following the completion of phase one, as set forth in the licensee's construction plan submitted with the license application.
B. 
Each licensee shall give at least 60 days notice of its intention to change monthly rates and installation charges for residential service by mailing notice thereof to each of its current subscribers to whom such charges shall apply.
C. 
By its application for a license hereunder, the licensee agrees that its rates and charges to its subscribers shall be fair and reasonable.
D. 
The licensee shall not, as to rates, charges, service or service facilities, make or grant any undue preference or advantage to any party, nor subject any party to undue prejudice or disadvantage, provided that the licensee may establish reasonable classifications of customers. Nothing in this chapter prohibits the reduction or waiving of charges in connection with promotional campaigns for the purpose of attracting subscribers or users.
E. 
Each licensee shall charge rates that are comparable to rates charged by cable companies offering similar service in the adjacent area.
A. 
At the option of the Board, the Newtown Township Cable Communications Board (CCB) may be created. The CCB shall consist of five members appointed by the Board for five-year terms. At the time of the first appointments, one member shall be appointed for a five-year term, one for a four-year term, one for a three-year term, one for a two-year term and one for a one-year term.
B. 
The CCB's duties shall include but not be limited to the assistance of the development and advancement of local origination in the Township.
A. 
Each licensee shall maintain an office within close geographic proximity of the Township which shall be open during usual business hours, have a toll-free listed telephone number, and be so operated that complaints and requests for repairs and adjustments and requests for use of facilities may be received at any time.
[Amended 1-12-1998 by Ord. No. 1998-1]
B. 
Each licensee shall keep and maintain for public inspection a log of all complaints and trouble calls received and the resolution of such complaints and trouble calls. The log shall include the date and time of all complaints and resolution of such complaints.
C. 
Each licensee shall give written notice to each subscriber of the procedures for reporting and resolving complaints at the time of initial subscription to the system.
A. 
Subscribers shall have the right to cancel their subscriptions to the licensee's services at any time, without payment of a cancellation fee.
B. 
In the event of cancellation by a subscriber, the licensee shall promptly remove from the subscriber's premises all equipment installed on such premises by the licensee upon the request of the subscriber.
C. 
In the event that a subscriber fails to pay a properly due and owing fee or charge, the licensee may disconnect the subscriber's service outlet upon giving the subscriber 10 days' written notice of its intention to do so.
A. 
Each licensee shall pay to the Township semiannually 5% of its gross revenue derived from services provided within the Township. If and when permitted by FCC Rules and Regulations, each licensee shall pay to the Township semiannually, instead of the fee specified above, such fee as may be included in the license, but in no event less than the amount described in this section. Each licensee shall state in its license application the percentage fee it shall pay to the Township if and when permitted by FCC Rules and Regulations. The licensee shall make such semiannual payments on March 1 of each year for the period from July 1 to December 31 of the immediately preceding year and on September 1 of each year for the period January 1 to June 30 of that year, each semiannual payment to be based on the gross revenue for the applicable period.
[Amended 1-12-1998 by Ord. No. 1998-1; 2-13-2006 by Ord. No. 2006-01]
B. 
For the purpose of the preceding subsection, "gross revenue" means all cash, credits, property of any kind or nature, or other consideration whatsoever in any form arising from or attributable to the sale or exchange of cable communication services or in any way derived from the operation of the cable communication system in Newtown Township, including, but not limited to, any interconnection between its system in the Township and any system whatsoever. This shall not include any sales, service, occupation or other excised tax to the extent that such taxes are charged separately for normal service charges and are remitted by the franchisee directly to the taxing authority.
[Amended 1-12-1998 by Ord. No. 1998-1]
C. 
Each licensee shall file annually with the Township within 90 days after the expiration of each fiscal year of the licensee a statement certified by an independent certified public accountant that the amount paid is in accordance with this chapter and the licensee's license.
D. 
Upon reasonable notice to the licensee, the Township's authorized representative shall be permitted to examine or have examined the books and records of the licensee to assure compliance with the terms and conditions of this section. In the event of noncompliance with this section, the cost of such examination shall be paid by the licensee.
E. 
Noncompliance with this section shall increase the amounts owing and unpaid to the Township by 2% per month until paid, including any material under payment of any semiannual payment.
F. 
Each licensee shall also supply to the Township such financial information relating to the licensee's operations in the Township as the Township may, from time to time, reasonably request in writing.
[Amended 1-12-1998 by Ord. No. 1998-1]
A. 
Not more than one year prior to the expiration of any license granted pursuant to this chapter or any renewal thereof, the Board, after giving public notice, shall proceed to determine whether the licensee has satisfactorily performed its obligations under this chapter and its license. The Board may consider the licensee's annual reports to the Township or to the FCC or the commonwealth in the event that any reports are required. The Board may consider the licensee's performance in light of the cable television industry's performance on a national basis in respect to technical developments and performance, programming, cost of service and the then state of the art. Not later than eight months prior to the expiration of the license, the Board shall hold a public hearing, duly advertised, at which interested persons shall have the opportunity to be heard with respect to renewal of the license. If the CCB shall then be in existence, it shall, not less than seven months prior to the expiration of the license, make a recommendation to the Board as to whether the license should be renewed for an additional period of 15 years.
B. 
At least six months prior to the expiration of a license, the Board shall determine whether such license shall be renewed for an additional period of 15 years.
A. 
In addition to all other rights and powers accruing to the Township under this chapter or otherwise, the Board reserves the right to terminate and cancel a license and all rights and privileges of a licensee hereunder in the event that a licensee:
(1) 
Violates any provision of this chapter, its license or any rule, order or determination of the Township or Board made pursuant to this chapter and fails to correct such violation within 30 days after it receives written notice from the Township of such violation; or
(2) 
Becomes insolvent, unable or unwilling to pay its debts or is adjudged as bankrupt or bankruptcy or reorganization proceedings are commenced against the licensee.
B. 
Such termination and cancellation shall be by ordinance duly adopted after 30 days' written notice to the licensee and shall in no way affect any of the Township's rights under this chapter or any provision of law.
A. 
At the expiration of the term for which a license is granted or upon its termination and cancellation as provided for herein, the Township shall have the right to require the licensee to remove at its own expense all portions of the system from the Township.
B. 
Upon receipt of an application for approval of transfer of a license, the Township reserves the right to acquire ownership of the licensee's cable television and communications system in the Township, upon payment to the licensee of a price equal to the highest bona fide offer for purchase of the system.
A. 
The Township and the Board shall not at any time be liable for any injury or damage occurring to any person or property from any cause arising from the use, operation or condition of the licensee's cable television and communications system except if caused by the negligence of the Township, its employees, servants or agents.
B. 
Each licensee shall indemnify, save and hold harmless and defend the Township and the Board from all liens, charges and claims, including but not limited to libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; workmen's compensation claims; losses; and costs, including but not limited to reasonable legal fees and court costs; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature, arising out of or in any way connected with the installation, operation, maintenance or condition of the licensee's cable television and communications system except if caused by the negligence of the Township, its employees, servants or agents.
C. 
Each licensee shall maintain and by its acceptance of a license hereunder specifically agrees that it shall maintain, throughout the terms of the license, liability insurance provided by a financially sound and reputable carrier in the minimum amounts of:
(1) 
One million dollars for bodily injury or death to any one person, within the limit, however, of $3,000,000 for bodily injury or death resulting from any one accident.
(2) 
Three million dollars for property damage resulting from any one accident.
(3) 
Such amounts may be reasonably increased by the Board due to inflation from time to time, but not more than once every five years.
D. 
Each licensee shall maintain and by its application for a license hereunder specifically agrees that it shall maintain a letter of credit running to the Township in the initial amount of $50,000 for the faithful performance and completion of the construction and installation of a cable television system within the Township. Such letter of credit shall be in a form satisfactory to the Township Solicitor and shall commence upon issuance of a cable television license by the Township to the licensee. The letter of credit shall be reduced to $25,000 after completion of construction and installation of the main distribution line in the Township and the beginning of construction of phase one. After completion and installation of the entire cable television system, the Township shall then release the remaining letter of credit to the licensee.
E. 
Certifications of insurance and letter of credit obtained by a licensee in compliance with this section shall be filed and maintained with the Township Secretary.
F. 
All expenses of the above-noted insurance and bond or letter of credit shall be paid by the licensee.
G. 
The Township shall notify the licensee promptly, but in no case more than 30 days after the presentation of any claim or demand, either by suit or otherwise, made against the Township on account of any activity described in Subsection B hereof.
A. 
During the operation of the cable television and communications system, a licensee shall strictly observe the privacy and property rights of subscribers. The following restrictions shall apply to the public release by a licensee of information and data:
(1) 
A licensee shall always indicate the number of its subscribers as a whole number and as a percentage of the potential subscribers in the Township.
(2) 
When indicating the number of its subscribers viewing a particular channel at a particular time, the licensee shall indicate the total number of subscribers viewing during the relevant time and the percentage of all subscribers which they represent. In no event shall a licensee release the viewing habits or preferences of a particular subscriber.
(3) 
A licensee shall always release both the number and the percentage of subscribers purchasing any service contemplated in this chapter, but not the identity of any subscriber.
(4) 
A licensee may maintain such records as are necessary to bill subscribers for the purchase of any cable television and communications service.
B. 
No licensee shall maintain or tabulate or permit the maintenance or tabulation of any data concerning the political, religious, moral or social preferences or opinions of individual subscribers, members of their families, their invitees, licensees or employees.
C. 
Each public dissemination of each piece of information made or permitted to be made in violation of this section shall be considered a separate violation of this chapter.
A. 
A license granted pursuant to this chapter authorizes a licensee only to install and operate a cable television and communications system and does not grant any other license, permit or franchise which may be required by law, ordinance or regulation.
B. 
Each licensee shall comply with all applicable federal, state and Township laws.
The Board shall have power to adopt, by resolution, rules and regulations not inconsistent with the provisions of this chapter or the license granted to a licensee.
A. 
It shall be unlawful for any person to commence or engage in the business of constructing or operating a cable television and communications system in the Township without having applied for and having been duly granted a license.
B. 
It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a licensee's cable television and communications system within the Township for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound without payment to the operator of such system in accordance with its then-current rate schedule.
C. 
It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.
[Amended 4-24-1995 by Ord. No. 1995-2]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, shall be imprisoned for a term not exceeding 30 days.