Except as otherwise provided in this section, the licensee shall
erect its facilities on existing power and telephone poles pursuant
to pole attachment agreements to be entered into between the licensee
and the utility companies having ownership of or otherwise having
jurisdiction over such existing power poles. No new poles shall be
set by the licensee except where no pole exists or use of an existing
utility pole is not practicable due to excessive rearrangements or
other conditions. Where existing utility lines are underground, the
licensee shall place its facilities underground unless otherwise authorized
by the licensor.
The distribution facilities of the licensee shall be at all
times maintained in a good and safe condition by the licensee, and
shall be constructed and maintained by the licensee so as not to interfere
with television and radio reception by inhabitants not using the services
of the licensee.
Construction and maintenance of the transmission distribution
system shall be in accordance with the provisions of the National
Electrical Safety Code, the National Electrical Code and applicable
ordinances and regulations of the licensor affecting or otherwise
concerning electrical installations.
In consideration of the license granted by this ordinance, the
licensee hereby agrees to pay the licensor 5% of its gross revenues
received from subscribers in the Borough from its monthly basic and
premium cable service, excluding the share of premium service revenues
that belong to and are paid to the suppliers of such services. The
licensor agrees that said sums of money to be paid to and accepted
by the licensor are in full payment for the privilege of the licensee
in using public thoroughfares of the Borough in conducting activities
pursuant to this license and in lieu of any other taxes or charges
that may be assessed or charged by the licensor. Payments of said
fee shall be made by the licensee to the licensor annually within
90 days after the close of every calendar year and shall be accompanied
by a report of such gross revenues received, certified by a duly recognized
certified public accountant. The Borough of Sellersville or its duly
authorized representative shall have the right, within three years
after the close of any calendar year, to inspect the books and records
of the licensee to the extent necessary to verify the payments to
which it is entitled.
The rates charged by the licensee for installation of and providing
any and all cable services shall be as determined by the licensee
in accordance with applicable law.
The licensee is hereby granted the right to assign the license
granted by this ordinance upon written permission of the licensor,
which permission shall not be unreasonably withheld. Notwithstanding,
the licensee shall have the right, without such permission of the
licensor, to assign this license to any affiliate or subsidiary of
the licensee, upon written notice to the licensor.
The licensee shall maintain a business office at a location
where subscribers may readily visit and may call without incurring
toll charges. The licensee shall respond to all service calls within
24 hours and correct malfunctions as promptly as possible and shall
maintain a competent staff sufficient to provide adequate and prompt
service to its subscribers.
In the event that the licensee fails to comply with any material
provision of this ordinance and fails to correct such noncompliance
within 90 days after written notice received from the licensor to
do so, the licensor shall have the right, in addition to all other
rights and remedies allowed by law, to require the licensee to terminate
service until such failure is cured.
The licensee shall accept the provisions of this ordinance in
writing, to be received by the Borough not later than 15 days from
the date of the enactment of this ordinance. In the event that such
notice is not received by the Borough within said time period, the
provisions of this ordinance and the license granted hereby shall
be rendered wholly ineffective and void unless said time is extended,
in writing, by the Borough. This ordinance shall be interpreted as
an agreement between the licensor and the licensee and may not be
amended except by mutual written agreement.
If any section of this license or ordinance is determined to
be illegal, invalid or unconstitutional by any court of competent
jurisdiction such determination shall have no effect on the validity
of any other section hereof.
A license issued pursuant to this ordinance shall be deemed
to constitute a contract between the licensee and the licensor. Each
shall be deemed to be contractually committed to comply with the terms
hereof. All terms, conditions and provisions of the contract shall
be deemed to be embodied in the license.