[Adopted 7-14-1992 by Ord. No. 1992-01]
This article shall be known and may be cited as "The Township
of West Bradford Community Antenna Television Ordinance."
When used in this article, unless the context otherwise requires,
the following terms and their derivatives shall have the meanings
herein given (and when not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
number include the singular, and words in the singular number include
the plural):
AFFILIATE
An entity which owns or controls, is owned or controlled
by, or is under common ownership with the grantee.
ANNIVERSARY DATE
A mutually agreed to calendar date which will serve as that
date on which future basic rates may be adjusted according to an annual
cycle.
BASIC CABLE
The tier of service regularly provided to all subscribers
that includes the retransmission of all must-carry broadcast television
signals as defined in rules established by the Federal Communications
Commission (FCC) or, in the absence of at least three must-carry signals,
any unaltered broadcast television signals and public, educational
and governmental channels, as required by the franchising authority
pursuant to Title VI of the Cable Communications Policy Act.
BASIC SUBSCRIBER REVENUES
All remuneration received directly by the grantee from subscribers
in payment for regularly furnished basic cable television service,
but shall not include any taxes on services furnished by the grantee
imposed on any subscriber or user by any government, governmental
unit, political subdivision, agency or instrumentality, and collected
by the grantee.
BOARD
Board of Supervisors of the Township of West Bradford.
CABLE SERVICE
A.
The one-way transmission to subscribers of video programming
or other programming service; and
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
CABLE TELEVISION SYSTEM (CATV)
A system of antennas, cables, wires, lines, towers, waveguides
or other conductors, converters, equipment or facilities designed
and constructed for the purpose of producing, receiving, transmitting,
amplifying and distributing audio, video and other forms of electronic
or electrical signals located in the Township.
FRANCHISE
The initial authorization or renewal thereof issued by the
Township, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate or otherwise, which
authorized construction and operation of the cable system for the
purpose of offering cable service or other service to subscribers.
FRANCHISE AREA
That area within the corporation limits of the Township as
now or hereafter constituted.
GRANTEE
The grantee (franchise holder) of rights granted by the Township
under this article. A franchisee.
GROSS SUBSCRIBER REVENUES
The monthly cable service revenues actually received by the
grantee from subscribers of the cable system. Included are revenues
actually received in payment for HBO, Cinemax, Showtime, Disney and
similar programming. Such phrase shall not include pay-per-view (PPV)
revenues or revenues received from any advertising carried on the
cable system, nor shall such phrase include any taxes on cable service
which are imposed directly or indirectly on any subscriber thereof
by any governmental unit or agency, and which are collected by the
grantee on behalf of such governmental unit or agency.
PAY-PER-VIEW
Special one-time events, made available from time to time,
to only those cable television subscribers who prearrange to pay a
special one-time fee for such individual event.
PERSON
An individual, partnership, association, joint-stock company,
trust corporation, or other legal entity.
PROPERTY OF GRANTEE
All property owned, installed or used by the grantee in the
conduct of a cable television system in the Township.
PUBLIC WAY
The surface of and the space above and below and within the
right-of-way of any public street, highway, freeway, bridge, land
path, alley, court, boulevard, sidewalk, parkway, way, land public
way, drive, circle or other public right-of-way, including, but not
limited to, public utility easements, dedicated utility strips or
right-of-way, and any temporary or permanent fixtures or improvements
located thereon, now or hereafter held, owned or dedicated to the
Township.
SERVICE TIER
A category of cable service or other services provided by
the grantee and for which a separate charge is made by the grantee.
STATE-OF-THE ART
The latest in cable television technology which may be practically
applied within the Township.
SUBSCRIBER
A person or user of the cable system who lawfully receives
cable service or services therefrom with the grantee's expressed
permission.
TOWNSHIP
The Township of West Bradford, also called the "franchising
authority."
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
The right of any grantee to the use and occupancy of the public
way shall not be exclusive in the grantee. The Township shall require
a franchise agreement of the grantee and of any other individual or
company engaging in the cable television business within any portion
of the Township. Further, any grantee shall have the right to adjust
current rates according to evaluation of those rates effected by any
other grantee operating a cable television franchise in the Township.
Such adjustments shall be accomplished through notification filed
with the Township Secretary and shall occur automatically on the date
established by the grantee.
The grantee shall maintain on file with the Township Secretary
a schedule setting forth all rates and charges to be made to subscribers
for basic cable television service, including connection and service
charges. Notice of changes in rates and charges shall be filed with
the Township Secretary. The grantee shall submit such notice of rate
changes at least 30 days prior to the effective date of the adjusted
rates. The Township shall, at its option, have the opportunity to
meet with the grantee to discuss rate adjustments, provided such meetings
occur at least 15 days prior to the effective date of such adjustments.
Normal rate adjustments will not occur more frequently than on an
annual basis, with the anniversary date relative to the adjustments
understood to be the beginning and the end of this annual cycle. Intervening
rate adjustments which become necessary shall be permitted if increased
operating costs are caused by increases in copyright payments, utility
pole or conduit rental, programming charges or franchise fee. Other
intervening rate adjustments shall occur through authorization in
law or through the action of an agency of government or court of competent
jurisdiction.
The Township shall have the right to terminate any cable television
franchise in the event of the failure of the franchise holder (grantee)
to perform any of the material provisions of this article or in the
event of any breach of the covenants and conditions contained herein
or for breach of the franchise agreement. In considering termination
for just cause initiated by the Township, the following provisions
shall apply:
A. Notice of violation. In the event that the Township alleges that
the grantee has not complied with the terms of this article or the
franchise agreement, it shall notify the grantee of the exact nature
of the alleged noncompliance.
B. The grantee's right to cure or respond. The grantee shall have
30 days from receipt of the notice described in this section to: 1)
respond to the Township, contesting the allegation of noncompliance;
or 2) to cure such default or noncompliance or, in the event that,
by the nature of the default, it cannot be cured within a period of
30 days, to specifically describe and initiate reasonable steps to
remedy such default, together with the projected date of completion.
The Township may reject the grantee's proposed remedy and time
for performance in the event the same is not reasonable.
C. Public hearing. In the event that the grantee fails to respond to
the Township's notice or in the event that the alleged default
is not remedied within 30 days after the Township's initial notification
(or any extension agreed to by the Township for performance), the
Township shall schedule a public hearing to investigate the grantee's
default. Ten days' prior notice of the hearing shall be conducted
in accordance with the Local Agency Law.
D. Enforcement. Subject to applicable federal and commonwealth law,
in the event the Township, after hearing, determines that the grantee
is in default of its franchise agreement or any of the material provisions
of this article, the Township may:
(1) Foreclose on all or any part of any security provided under this
article, if any, including, without limitation, any bonds or other
surety; provided, however, such foreclosure shall only be in such
a manner and in such amount as the Township reasonably determines
is necessary to remedy the default;
(2) Commence an action for equitable relief, monetary damages, or both;
(3) Revoke the franchise agreement and terminate the grantee's right
to operate a cable television system within the Township; or
(4) Seek specific performance of any provision of the franchise agreement,
plus damages, if applicable.
E. The grantee shall not be relieved of any of its obligations to comply
promptly with any material provisions of this article of the franchise
agreement by reason of any failure of the Township to enforce prompt
compliance. The Township's waiver of any grantee's noncompliance
or default, at any time, shall not act as a waiver of any future default;
provided, however, grantee shall not be held in default or noncompliance
nor suffer any enforcement or penalty relating thereto where such
is caused by strikes, acts of God, power outages, or other events
reasonably beyond its ability to control.
F. Upon expiration of its franchise, should the grantee not have acquired
an extension or renewal thereof and accepted the same, it may have
and it is hereby granted the right to enter upon the public ways or
other Township property for the purpose of removing therefrom any
or all its property, subject to the requirement that it restore any
disturbed areas to the condition immediately preexisting such removal.
As a condition precedent thereto, the grantee shall compute and pay
to the Township any and all sums then due and owing, computed as of
the effective date of the franchise termination. All final payments
shall be due within 45 days of the termination date.
From and after the effective date of this article, it shall
be unlawful for any person to construct, install or maintain within
any public way in the Township or on any other public or private property
within the Township any equipment or facilities for the transmission
and distribution of audio, digital and video impulses, including television
and radio signals, through a cable television system unless a franchise
authorizing such use has first been obtained from the Township and
unless and until such franchise is in full force and effect. Should
any person (a grantee is a person) violate any of the material terms,
conditions or provisions of this article or of a franchise agreement
or fail to comply with any lawful provision of any Township ordinance
regulating the use by any person of the public ways, or if any grantee
should violate any other lawful rule or regulation applicable to it,
whether Township, commonwealth or federal, and continue to violate
the same for a period of 30 days after notification in writing to
desist from such violation, the grantee may, at the Township's
option, be deemed to be in default of its franchise and to have forfeited
and annulled all of its rights and privileges granted under this article
and the franchise agreement, and such franchise may be terminated
by the Township.
Any cable television franchise operating within the Township existing on the effective date of this article shall be subject to its provisions. Within 30 days following adoption of this article, the Township shall undertake proceedings pursuant to §
133-5 hereof to determine renewal of any existing franchise, which franchise shall then be subject to all of the terms and conditions of this article. Within 30 days of any such Board-authorized renewal, the Township and the grantee thereof shall enter into a revised cable television franchise agreement complying with the provisions of this article. Failure on the part of any existing franchise holder to comply with the renewal process shall subject it to the termination provisions of §
133-17 hereof.
[Adopted 9-13-1994 by Ord. No. 1994-03]
This article governs the regulation of rates for basic service
and equipment within the Township of West Bradford for any franchisee
which has been notified that: a) the Township has been certified to
regulate its basic service and equipment rates; and b) the Township
has adopted regulations governing regulation of the basic service
and equipment rates. In addition, West Bradford Township may regulate
the rates for cable services and equipment to the extent not prohibited
by law, pursuant to such resolutions, ordinances or regulations as
it may hereafter adopt. The provisions set forth below are intended
to be consistent with all Federal Communications Commission (FCC)
regulations governing the regulation of basic service rates and equipment,
and the Township and all those acting on its behalf will regulate
and interpret its rules so that they are consistent with FCC regulations,
as if those regulations were set forth in full herein; the franchisee
is prohibited from engaging in any activity it is prohibited in engaging
in under FCC rules, as if those rules were set forth in full herein.
For purposes of these provisions, the term "basic service" or "basic
cable service" has the same meaning as the term "basic service" at
47 CFR 76.901, and the term "equipment" refers to all equipment and
services subject to regulation under 47 CFR 76.923.
The Board shall be responsible for administering the provisions
herein. Without limitation and by way of illustration:
A. The Board shall ensure notices are given to the public and each franchisee,
as required herein and by FCC regulations.
B. The Board may submit requests for information to the franchisee and establish deadlines for response to them, as provided in §
133-24.
C. For good cause, the Board may waive any provision herein or extend
any deadline for filing or response except as to such matters that
are mandatory under FCC regulations.
D. The Board shall rule on any request for confidentiality.
Except as prohibited by federal law, a franchisee shall be subject
to penalties and forfeitures specified in applicable Township ordinances
currently in effect or hereafter enacted, and its request for approval
of a rate may be denied if it:
A. Knowingly submits false or fraudulent information to the Board or
the Township in connection with any rate proceeding;
B. Fails to comply with any lawful order or request of the Board or
the Township, including, but not limited to, a request for information
or an order setting rates; or
C. Evades or attempts to evade federal or local rate regulation, provided
that filing for approval of a rate that is later determined to be
unreasonable is not in and of itself an evasion of federal or local
rate regulation.
Any franchisee may petition for a change in status in accordance
with 47 CFR 76.915, and the Township shall consider that petition
in accordance with 47 CFR 76.915. The petition and five copies must
be filed with the Board.
The franchisee shall comply with all FCC customer service standards
and the consumer protection provisions of applicable township ordinances
in effect or hereafter enacted.