A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public ways or public lands of the Township and to provide telecommunications services to any person or area in the Township.
Any person that desires a telecommunications franchise pursuant to this Article V shall file an application with the Township which shall include the following information:
A. 
The identity of the franchise applicant, including all affiliates of the applicant.
B. 
A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
C. 
A description of the transmission medium that will be used by the franchisee to offer or provide such telecommunications services.
D. 
Preliminary engineering plans, specifications, and a network map of the facilities to be located within the Township, all in sufficient detail to identify:
(1) 
The location and route requested for the applicant's proposed telecommunications facilities.
(2) 
The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage, and other facilities in the public way along the proposed route.
(3) 
The locations, if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
(4) 
The specific trees, structures, improvements, facilities, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
E. 
If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
F. 
If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
(1) 
The excess capacity currently available in such ducts or conduits before installation of the applicant's telecommunications facilities;
(2) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.
G. 
If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
(1) 
The location proposed for the new ducts or conduits;
(2) 
The excess capacity that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.
H. 
If the applicant is proposing wireless antenna installation on public property:
(1) 
The location proposed for the antenna;
(2) 
A plan showing compliance with all applicable zoning provisions, or a decision from the Township Zoning Hearing Board for grant of variance or special exception, as may be required.
I. 
If the applicant is proposing wireless antenna installation on private property:
(1) 
Evidence that public property sites identified as appropriate for wireless antenna systems do not meet the criteria or requirements for the proposed system.
(2) 
If the site proposed already contains wireless communication antennas by prior approval and permits, evidence that surplus capacity exists and that the proposal does not exceed existing height limitations, zoning restrictions, or previous ZHB decisions.
(3) 
If the site proposed is a new wireless communication antenna facility, a plan showing compliance with all applicable zoning provisions, or a decision from the Township Zoning Hearing Board for grant of variance or special exception, as may be required.
J. 
A preliminary construction schedule and completion dates.
K. 
A preliminary traffic control plan in accordance with the PennDOT Manual on Uniform Traffic Control Devices.
L. 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate, and remove the facilities.
M. 
Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the telecommunications facilities and services described in the application.
N. 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
O. 
Whether the applicant intends to provide cable service, video dial-tone service, or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.
P. 
An accurate map showing the location of any existing telecommunications facilities in the Township that the applicant intends to use or lease.
Q. 
A description of the services or facilities that the applicant will offer or make available to the Township and other public, educational, and governmental institutions.
R. 
A description of the applicant's access and line extension policies.
S. 
The area or areas of the Township the applicant desires to serve, and a schedule for build-out to the entire franchise area.
T. 
All fees, deposits, or charges required pursuant to Article VII of this Part 2.
U. 
Such other and further information as may be requested by the Township Manager.
Within 90 days after receiving a complete application under § 154-51 hereof, the Township shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
A. 
The financial and technical ability of the applicant.
B. 
The legal ability of the applicant.
C. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
D. 
The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
E. 
The damage or disruption, if any, of public or private facilities, improvements, service, traveler landscaping, if the franchise is granted.
F. 
The public interest in minimizing the cost and disruption of construction within the public ways.
G. 
The service that applicant will provide to the community and region.
H. 
The effect, if any, on public health, safety, and welfare if the franchise requested is granted.
I. 
The availability of alternate routes and/or locations for the proposed facilities.
J. 
Applicable federal and state telecommunications laws, regulations and policies.
K. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
No franchise shall be granted hereunder unless the applicant and the Township have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways of the Township will be granted.
No franchise granted under this article shall confer any exclusive right, privilege, license, or franchise to occupy or use the public ways of the Township for delivery of telecommunications services or any other purposes.
Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of five years.
No franchise granted under this article shall convey any right, title, or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title.
A telecommunications franchise granted under this article shall be limited to the specific geographic area of the Township to be served by the franchise grantee, and the specific public ways necessary to serve such areas.
Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed, and located in accordance with the following terms and conditions:
A. 
Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
B. 
A franchisee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
C. 
Whenever any existing electric utilities, cable facilities, or telecommunications facilities are located underground within a public way of the Township, a franchisee with permission to occupy the same public way must also locate its telecommunications facilities underground.
D. 
New utility poles shall be permitted only when underground conduit cannot be installed.
E. 
Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
F. 
Whenever wireless telecommunications antenna systems are to be installed, the following land parcel priorities are to be followed by the applicant in determining the location site:
(1) 
The applicant shall first consider public land parcels identified on the Township Wireless Telecommunications Site Location List (an appendix to this Part 2)[1] for system suitability.
[1]
Editor's Note: Said list is on file in the Township offices.
(2) 
If identified public land parcels are not suitable, the applicant shall next consider existing wireless antenna site locations which may be suitable and contain excess capacity.
(3) 
If existing wireless sites are not suitable, the applicant shall next consider existing utility sites, such as water tanks or towers, which may be suitable.
(4) 
If existing utility sites are not suitable, the applicant shall then consider private property sites listed on the Township Wireless Telecommunications Site Location List (an appendix to this Part 2).
(5) 
If none of the above location priorities are suitable, the applicant shall then consider other private property sites.
G. 
When the applicant or telecommunications carrier determines that a higher priority location is not suitable and that a lower priority location is necessary, the carrier shall provide the Township with all technical and supporting data necessary to prove that determination.
H. 
When a wireless telecommunications antenna system does not meet the zoning criteria established for this use, a license and construction permit shall only be issued following a grant of variance or special exception approval from the Township Zoning Hearing Board. All other terms and conditions of this Part 2 shall remain in effect.
I. 
The Board of Commissioners may, from time to time, add site locations to the list by Township resolution, for use by telecommunications facilities and systems.
J. 
All freestanding wireless telecommunications antennas which are higher than the permitted zoning district regulations, or 50 feet from ground elevation when ground mounted, shall be designed as an artificial tree, or otherwise camoflaged, to the satisfaction of the Township Engineer.
All franchisees are required to obtain construction permits for telecommunications facilities as required in Article VIII of this Part 2; provided, however, that nothing in this article shall prohibit the Township and a franchisee from agreeing to alternative plan review, permit, and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
Each franchise granted under this article is subject to the Township's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the franchisee, provided nothing in this article shall prohibit the Township and a franchisee from agreeing to the compensation to be paid.
A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for the grantee's services; provided, however, that nothing in this article shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
A franchisee shall make its telecommunications services available to the Township at its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement.
A. 
A new franchise application and grant shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the Township which are not included in a franchise previously granted under this Part 2.
B. 
If ordered by the Township to locate or relocate its telecommunications facilities in public ways not included in a previously granted franchise, the Township shall grant a franchise amendment without further application.
A grantee that desires to renew its franchise under this article shall, not more than 240 days nor less than 150 days before expiration of the current franchise, file an application with the Township for renewal of its franchise which shall include the following information:
A. 
The information required pursuant to § 154-51 of this article.
B. 
Any information required pursuant to the franchise agreement between the Township and the grantee.
Within 150 days after receiving a complete application under § 154-64 hereof, the Township shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
A. 
The financial and technical ability of the applicant.
B. 
The legal ability of the applicant.
C. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
D. 
The applicant's compliance with the requirements of this Part 2 and the franchise agreement.
E. 
Applicable federal, state, and local telecommunications laws, rules and policies.
F. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
No franchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the franchise agreement, or of the requirements of this Part 2, have been cured, or until a plan detailing the corrective action to be taken by the grantee has been approved by the Township.