There is hereby granted the further right, privilege and authority
to the company to lease, rent, subscribe to service or in any other
manner obtain the use of towers, poles, lines, cable, facilities,
services, licenses and franchises within the limits of the Borough
of Colwyn, Pennsylvania, including the Bell Telephone Company of Pennsylvania
and the Philadelphia Electric Company, and to use such towers, poles,
lines, cables and other equipment and facilities, subject to all existing
and future ordinances and regulations of the Borough, so long as such
future ordinances and regulations of the Borough do not materially
adversely affect the rights granted herein. The poles used for the
company's distribution system shall be those erected and maintained
by the telephone or electric companies when and where practicable,
provided that mutually satisfactory rental agreements can be entered
into with said companies.
The franchise granted herein grants the company the right to
install and operate a cable system and does not take the place of
any other franchise license or permit which may be required by law
or ordinance or regulation.
In all areas of the Borough where cables, wires or other like
facilities of public utilities are placed underground, the company
shall place its cables, wires or other like facilities underground.
The company shall grant to the Borough, free of expense, joint
use of any and all poles owned by it for any proper Borough purpose,
provided that it may be done without interfering with the free use
and enjoyment of the company's own facilities and provided that
the Borough does not compete with the company.
In case of any emergency or disaster, the company shall, upon
request of the Borough or its civil defense authority, make its facilities
and personnel available to the Borough or said authority during the
emergency or disaster period without charge and in accordance with
the Federal Emergency Alert System (EAS) regulations as promulgated
by the FCC.
In lieu of maintaining an office and studio in the Borough,
the company shall install a TV monitor and state-of-the art character
generator and VCR in the Municipal Building and shall maintain the
necessary equipment to provide exclusive use of one channel for Borough
residents only.
At the expiration of the term for which this franchise is granted
or upon its termination and cancellation as provided for herein, the
Borough shall have the right to require the company to remove at its
own expense all aboveground portions of the system from all public
ways within the Borough.
The company will file with the Borough true and accurate copies
of as-built maps and schedules of any major construction. This provision
is not intended to waive or alter the filing of any maps, plans or
schedules as required for permits or any approvals from the Borough.
This ordinance and the rights granted to the company shall become
effective upon execution of a contract between Colwyn Borough and
the franchisee, binding both parties to abide by all conditions of
this ordinance.
The company shall make cable service available, when permitted
by the property owner, to all residents in private housing in the
Borough subject to all provisions of this ordinance.
The company must obtain a permit from the Borough to provide
segments of subscribers any specialized service that will not be available
to all subscribers. All requests shall demonstrate that the service
is not contrary to the public interest and will not affect the company's
ability to deliver service to other users and subscribers.
In the event of expiration, cancellation or transfer of the
franchise, the company shall be required to continue to operate the
system until an orderly change of operation is effectuated and shall
be subject to an accounting for net earnings or losses during this
interim period.
For the purpose of this ordinance, all terms, phrases, words
and their derivations shall have the meanings set forth in the Cable
Act unless the context clearly indicates that another meaning is intended.