[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 8-23-1995 by Ord. No. 95-8. Amendments noted where
applicable.]
A.
Short title. This chapter shall be known and may be cited as the
"Silver Spring Township Cable Television Ordinance of 1995."
B.
Purpose. The purpose of this chapter is to regulate cable and all
means of transmission, whether now known or hereafter conceived or
created, including, without limitation, hardwire, over-the-air, cable,
satellite, direct broadcast satellite, fiber optics, soft wire, and
closed-circuit transmissions and any type of transmission resulting
in a visual image, in the exercise of the power of the governing body
to:
C.
Federal law. This chapter is enacted under the federal Cable Television
Consumer Protection and Competition Act of 1992, which permits local
franchising authorities to regulate cable television, subject to certain
substantive and procedural limitations.
D.
Interpretation. In interpreting and applying the provisions of this
chapter, these provisions shall be construed broadly as required for
the maintenance of peace, good government, safety and welfare of the
municipality, and its trade, commerce and manufactures.
E.
Conflict with federal law. It is the intent of the governing body
that this chapter conform to the federal law. If a court of competent
jurisdiction declares any provision of this chapter to be in conflict
with the federal law, the federal law will control and this chapter,
to the extent that any provision is declared to be in conflict with
the federal law, shall not apply.
As used in this chapter, the following words, phrases and terms
shall have the following meanings:
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other tiers of regulated programming
service and/or unregulated service. Such equipment shall include,
but not be limited to:
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video programming signals as a service added to the basic tier by
the cable operator. (Example: Sammons' "Lifeline.")
The rate charged by a cable operator for basic service and
associated equipment costs.
Any person or group of persons:
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way;
A facility of a common carrier except to the extent that such
facility is used in the transmission of video programming directly
to subscribers; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
The federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992, and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.
The Federal Communications Commission.
The Township Board of Supervisors of the municipality.
The Township of Silver Spring, a Township of the Second Class,
situated in Cumberland County, Pennsylvania, having its office at
8 Flowers Drive, Mechanicsburg, PA 17050, or as otherwise established
by the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Appointment and powers of compliance officer.
(1)
For the administration of this chapter, a compliance officer, who
shall not hold any elective office in the municipality, shall be appointed
by the governing body by resolution.
(2)
The compliance officer shall meet the qualifications established
by the governing body and shall be able to demonstrate to the satisfaction
of the governing body a working knowledge of cable regulation under
the federal law and this chapter.
(3)
The compliance officer shall administer this chapter in accordance
with its literal terms.
B.
Duties of compliance officer. The compliance officer shall be responsible
for:
(1)
Taking such action on behalf of the municipality as may from time
to time be required to obtain or maintain the municipality's
certification to regulate basic service rates.
(2)
Notifying all cable operators serving the municipality when the municipality
has been certified by the FCC to regulate basic service rates.
(3)
Notifying all cable operators serving the municipality that the municipality
intends to enforce the minimum customer service standards established
by the federal law.
(4)
Making all filings required or permitted to be made to the FCC by
the municipality pursuant to the federal law, subject to oversight
and control of the governing body.
(5)
Receiving, filing in the public records of the municipality, reviewing
for completeness, and placing on the governing body's agenda
for consideration, all submissions, petitions and other filings required
or permitted to be made to the municipality pursuant to the federal
law. All submissions, petitions and other filings made to the municipality
pursuant to the federal law shall be made via first-class mail, postage
prepaid, to the following address: Township of Silver Spring, Attn:
Cable Television Compliance Officer, 8 Flowers Drive, Mechanicsburg,
PA 17050 (or as otherwise established by the Board of Supervisors).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Receiving and transmitting to the proper officer of the municipality
any filing fees paid pursuant to this chapter. The filing fees shall
be as established by resolution of the Board of Supervisors from time
to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Enforcing the provisions of this chapter and all decisions of the
governing body made hereunder to the fullest extent permitted by the
federal law, subject to the oversight and control of the governing
body.
(8)
Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the governing body, to protect
the right of the municipality to regulate cable television to the
fullest extent permitted by the federal law.
A.
Regulation of basic service rates. The governing body shall regulate
basic service rates in accordance with the substantive and procedural
provisions of the federal law and any applicable state law or regulations
or local ordinances.
(1)
Duties of cable operators.
(a)
Within 30 days of receiving written notification from the municipality that the municipality has been certified by the FCC to regulate rates for the basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the municipality [together with the fee specified by § 142-3B(6)].
(b)
At least 30 days prior to increasing its rates for the basic service, a cable operator shall notify each subscriber of the proposed rate increase and shall file a notice of its proposed rate increase with the municipality [together with the fee specified by § 142-3B(6)].
(c)
At the time of filing a schedule of rates or a proposed rate
increase with the municipality, a cable operator shall:
[1]
Publish a summary of the rates or rate increase in a local newspaper
for at least three consecutive days; and
[2]
Cablecast a summary of the rates or rate increase on its public
information channel, at least twice daily at such times as are reasonably
expected to reach the largest audience over a three-day period, in
each case notifying interested parties that they must submit written
comments by a date certain (within 15 days of the cable operator's
filing with the municipality) at the appropriate address.
(d)
A cable operator shall comply with all orders of the municipality,
except that a cable operator shall not be required to comply with
an order if the cable operator demonstrates that complying with the
order would require the cable operator to disclose proprietary information.
(2)
Duties of the municipality.
(a)
Upon receipt of a cable operator's schedule of rates or
a proposed rate increase, the municipality shall cablecast a summary
of the rates or rate increase on the channel(s) allocated to the municipality,
at least twice daily at such times as are reasonably expected to reach
the largest audience over a three-day period, along with a notice
that interested parties shall submit written comments to the municipality
by a date certain (within 15 days of the cable operator's filing
with the municipality) at the appropriate address.
(b)
The municipality shall make any decision on the reasonableness
of current basic service rates and proposed rate increases pursuant
to the procedural and substantive provisions of the federal law.
(c)
In making a decision on the reasonableness of current basic
service rates or proposed rate increases, the municipality shall have
the authority to compel the production of proprietary information
from cable operators, and in such circumstances the municipality shall
be subject to the confidentiality provisions set forth elsewhere in
this chapter.
The governing body hereby delegates its ministerial and administrative
duties under this chapter to the compliance officer.
In rendering its decisions, the governing body shall have the
full authority granted to it pursuant to the federal law to order
a cable operator to take any and all actions as the federal law permits,
including, without limitation:
A.
Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law.
B.
Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C.
Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justified the rate charged
as reasonable. Before ordering such a refund, however, the municipality
shall give the operator notice, and shall give the operator 15 days
from the date such notice is given to submit written comments to the
municipality. Any such refund order shall be further subject to the
limitations contained in the federal law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In the event that a cable operator does not comply with a decision
made pursuant to this chapter and directed specifically toward the
cable operator, the municipality may assess a fine, 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.
All other ordinances of the Township of Silver Spring are repealed
to the extent inconsistent herewith. All franchise agreements between
the municipality and cable operators are abrogated to the extent,
and only to the extent, inconsistent herewith, except to the extent
abrogation is not required by the federal Cable Television Consumer
Protection and Competition Act of 1992 or the regulations promulgated
thereunder.
This chapter shall become effective on the 1st day of September
1995.
