[HISTORY: Adopted by the Borough of Hanover 10-19-1966 by Ord. No.
1331. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Hanover
Borough CATV Franchise Ordinance."
A. For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
CATV
An abbreviation for Community Antenna Television.
COMPANIES
Cable TV of York and such other companies as Hanover Borough
Council may designate from time to time.
[Amended 10-16-1974 by Ord. No. 1620; 12-17-1986 by Ord. No. 1822; 10-28-1998 by Ord. No. 2016]
COUNCIL
The Borough Council of the Borough of Hanover.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
B. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
There is hereby granted by the Borough to the companies the
right and privilege to construct, erect, operate and maintain in,
upon, along, across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated, and all extensions
thereof and additions thereto, in the Borough, wires, cables, underground
conduits, manholes and other television conductors and fixtures necessary
for the maintenance and operation in the Borough of a CATV system
for the interception, sale and distribution of video and/or audio
signals, subject to the conditions hereinafter set forth.
A. Erection of poles. No poles shall be erected within the Borough by
the companies without the express authorization of Council. The companies
shall arrange to use the poles of the public utilities companies for
the distribution of said video and/or audio signals, and in areas
within the Borough where underground utility lines are installed,
the companies shall likewise make underground installations.
B. Service date. It is expressly understood and agreed by and between
the companies and the Borough that the companies shall have completed
installation of the necessary wires, cables, underground conduits,
manholes and other television conductors and fixtures for the rendering
of community television services to not less than 90% of the residential
buildings within the Borough within 18 months from the granting of
this franchise. Time shall be of the essence as to this agreement.
However, the companies will be granted additional time for the following
delays:
(1) Delay in the granting of suitable pole attachment agreements by the
respective utilities.
(2) Delay in the completion of the "makeready" by the respective utilities.
(3) Delay resulting from regulations of federal or state agencies.
(4) Delay resulting from legal actions.
The companies shall, at all times during the term of this franchise,
be subject to all of the laws, ordinances, rules and regulations now
in force or hereafter adopted by any federal and Commonwealth of Pennsylvania
agency having jurisdiction, and the Borough and all the provisions
hereof shall be subject to the laws, ordinances, rules and regulations
of said regulatory agencies.
It is expressly understood and agreed by and between the companies
and the Borough that the companies shall save the Borough harmless
from all loss sustained by the Borough on account of any suit, judgment,
execution, claim or demand whatsoever arising out of the construction,
operation and maintenance by the companies of the community television
system permitted by this chapter to be erected, operated and maintained.
The companies each agree to maintain and keep in full force and effect,
at all times during the term of this franchise, sufficient liability
insurance coverage to protect the Borough against any such claims,
suits, judgments, executions or demands, in a sum not less than $100,000
per person in any one claim, $300,000 as to any one accident or occurrence,
and not less than $100,000 for property damage as to any one accident
or occurrence.
[Amended 8-21-1974 by Ord. No. 1619]
The companies shall each furnish a bond to the Borough in the
sum of $10,000 to assure the compliance with the conditions herein
set forth, which bond shall remain in full force and effect throughout
the term of this franchise.
A. The companies shall maintain and operate their system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Council as provided for in §
164-10 of this chapter, or by any federal and Commonwealth of Pennsylvania agency having jurisdiction.
B. Notice of interruption for repairs. Whenever it is necessary to shut
off or interrupt service for the purpose of making repairs, adjustments
or installations, the companies shall do so at such time as will cause
the least amount of inconvenience to their customers, and unless such
interruption is unforeseen and immediately necessary, companies shall
give reasonable notice thereof to their customers.
All transmission and distribution structures, lines and equipment
erected by the companies within the Borough shall be so located as
to cause no interference with the proper use of streets, alleys and
other public ways and places, and to cause no interference with the
rights of reasonable convenience of property owners who adjoin any
of said streets, alleys or other public ways and places.
The companies shall not sell or transfer their plants or systems
to another, nor transfer any rights under this franchise to another
without Council approval.
A. Borough rules. The right is hereby reserved to the Borough to adopt,
in addition to the provisions herein contained and existing applicable
ordinances, such additional regulations as the Borough shall find
necessary in the exercise of the police power, provided that such
regulations, by ordinance or otherwise, shall be reasonable and not
in conflict with the rights herein granted and shall not be in conflict
with the laws of the Commonwealth of Pennsylvania or the United States
government.
B. Use of system by school district. The companies shall provide a single-service
drop to each elementary and secondary school building within the Borough
of Hanover on a no-charge basis for the services or the installation
thereof; and companies shall each assign one channel to the School
District of Hanover Borough as an educational channel for use by the
School District of Hanover Borough. The educational channel assigned
to the School District of Hanover Borough shall originate in the studios
at the Hanover High School and be connected to the CATV system on
a no-charge basis.
C. Supervision and inspection. The Borough shall have the right to supervise
all construction or installation work performed subject to the provisions
of this chapter and to make such inspections as it shall find necessary
to ensure compliance with governing ordinances.
D. Franchise fee. The Borough of Hanover retains the right to assess
a franchise fee or tax on services rendered within the Borough of
Hanover by the companies up to the maximum extent allowed by state
and federal law as the same may be amended from time to time. Said
fee can be enacted during any year during the term of a franchise
and increased or reduced as the Hanover Borough Council believes to
be in the best interest of the Borough of Hanover.
[Added 12-17-1986 by Ord. No. 1822]
[Amended 12-17-1986 by Ord. No. 1822]
A. The franchise and rights herein granted shall take effect and be
in force from and after the enactment hereof, as required by law,
provided that companies shall make application for this franchise
and file an acceptance of the terms herein specified within 10 days
from the enactment hereof, and shall continue in force and effect
for a term of 20 years after the effective date of this franchise.
B. As a condition of this franchise right, the following public hearings
may be required annually by the Borough Council of Hanover.
(1) A public hearing to obtain citizen comments regarding service rendered
Hanover Borough residents and the companies' plans to change
service in the upcoming year.
[Amended 12-17-1986 by Ord. No. 1822]
The companies shall assume the costs of publication of this
franchise as well as any franchise renewals, amendments or proceeding
notices as the same may be enacted from time to time as such publication
is required by law. A bill for publication costs shall be presented
to the companies by the Borough Secretary.
Should the companies, for any reason, cease to provide a community
television service as herein provided for, whether the same occurs
during the term of this franchise or by virtue of the expiration thereof,
the companies shall remove all their wires, cables, underground conduits,
manholes and other television conductors and fixtures within a period
of 90 days therefrom.
All insurance policies and bonds required by this chapter shall
be written by a company or companies authorized and qualified to do
business in the Commonwealth of Pennsylvania. Certificates of all
coverage required by this chapter shall be promptly filed with the
Borough Secretary.
Should any of the companies violate any of the provisions of
this chapter or fail to promptly perform any of the requirements hereof,
then upon failure by such company to remedy the same within 30 days
after written notice has been given to it by the Borough, such company
shall forfeit all of its rights hereunder.
[Added 12-17-1986 by Ord. No. 1822]
All conditions and requirements of the originally ordained franchise,
as amended, not herein amended are extended into the new franchise
period and remain conditions of the new franchise and remain in full
force and effect subject to the new franchise.