[Adopted 6-17-2020 by Ord. No. 2257]
Pursuant to the Cable Communications Policy Act of 1984, the
Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996, the regulations of the Federal
Communications Commission and Pennsylvania law, the Township of North
Huntingdon (hereinafter the "Township") is authorized to grant franchises
to construct, operate and maintain a cable system utilizing public
rights-of-way and properties within the Township's jurisdiction.
Comcast of Pennsylvania III, LLC and Comcast of Georgia/Pennsylvania,
LLC (collectively, "Comcast") currently holds a cable franchise from
the Township by virtue of a cable franchise agreement dated April
20, 2011.
Comcast has requested that the Township renew Comcast's
franchise to maintain, construct and operate its cable system over,
under, and along the aforesaid public rights-of-way;
The aforesaid public rights-of-way used by Comcast are public
properties acquired and maintained by the Township on behalf of the
citizens of the Township, and the right to use said rights-of-way
is a valuable property right.
The Township desires to protect and manage the aforesaid rights-of-way,
establish standards of subscriber service, maintain a technologically
advanced cable system, receive franchise fees for Comcast's use
of the Township's public rights-of-way as provided by federal
law, obtain the use of an educational and governmental channel, establish
certain reporting requirements, obtain certain services, provide legal
protections for the Township, and meet the current and future cable-related
needs of its residents.
The Township held a public hearing on the subject of cable franchise
renewal, including reviewing the cable operator's past performance
and identifying the Township's future cable-related community
needs.
The Township has determined that this agreement and the process
for consideration of this agreement complies with all applicable federal,
state and local laws and regulations.
The Township, after affording the public notice and opportunity
for comment, has determined that the public interest would be served
by renewing Comcast's franchise according to the terms and conditions
contained herein.
The Township Board of Commissioners does hereby approve the
cable franchise agreement negotiated with Comcast, including all of
the terms and conditions contained therein, and does hereby authorize
the execution of such agreement.