This chapter shall be known and may be cited as the "Easttown
Township Cable Television Ordinance."
Whenever used in this chapter, the following terms shall have
the meanings indicated:
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service, or as "cable service" is otherwise now
or hereafter defined by applicable state or federal law or regulation.
The licensee shall have the right to charge and collect compensation
from all subscribers to whom it shall furnish service, but the licensee
shall not, as to rate, charges, service, facilities, rules and regulations
or any other respect, make or grant any preference or advantage to
any person or subject any person to any prejudice or disadvantage,
but nothing herein contained shall be deemed to prohibit the establishment
of a graduated scale of charges and classified rate schedules, provided
that the classification of customers shall be reasonable, and any
customer coming within a particular classification shall be entitled
to the same rates as any other customer coming within that classification.
Rates shall be the same for all classifications of customers served
by the licensee from similar facilities. Nothing herein contained
shall prevent any licensee from providing a preferential rate or free
service to the Township or for any public purpose.
Rights granted to any licensee hereunder shall take effect and
be in full force from and after the date upon which each application
is approved by the Township. The length of franchise awarded to the
licensee shall not exceed 15 years. Renewal rights shall be controlled
by the Cable Act or other applicable law.
A licensee shall, at its sole cost and expense, indemnify, hold
harmless, and defend the Township, its officials, boards, commissions,
commissioners, agents, and employees against any and all claims, suits,
causes of action, proceedings, and judgments for damages or equitable
relief arising out of the construction, maintenance, or operation
of its system, the conduct of the licensee's business in the
Township, or in any way arising out of the licensee's enjoyment
or exercise of a franchise granted hereunder, regardless of whether
the act or omission complained of is authorized, allowed, or prohibited
by this chapter or a franchise agreement, provided that the Township
shall give the licensee written notice of its obligation to indemnify
and defend the Township within 10 business days of receipt of a claim
or action pursuant to this section. This provision includes, but is
not limited to, the Township's reasonable attorneys' fees
incurred in defending against any such claim, suit, or proceeding.
If the licensee fully undertakes and does in fact indemnify and defend
the Township, but the Township nonetheless determines that it is necessary
for it to employ separate counsel, the costs for such separate counsel
shall be the responsibility of the Township.
Nothing herein contained shall be deemed to render any right
granted hereunder to be exclusive to any licensee.
Neither the licensee or any other person may transfer the cable
system or the franchise without the prior written consent of the Township,
which consent shall not be unreasonably withheld or delayed. No change
in control of the licensee, defined as an acquisition of 50% or greater
ownership interest in the licensee, shall take place without the prior
written consent of the Township, which consent shall not be unreasonably
withheld or delayed. No such consent shall be required, however, for
a transfer in trust, by mortgage, hypothecation, or by assignment
of any rights, title, interest of the licensee in the franchise or
in the cable system in order to secure indebtedness; or a transfer
to any entity owned and/or controlled by the licensee or the licensee's
parent company. Within 30 days of receiving a request for transfer,
the Township shall, in accordance with FCC rules and regulations,
notify the licensee in writing of the information it requires to determine
the legal, financial and technical qualifications of the transferee.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.