[Ord. 12-4-1989(I), 12/4/1989, § 1]
This Part shall be known and may be cited as the "Cable Television Ordinance."
[Ord. 12-4-1989(I), 12/4/1989, § 2]
For the purpose of this Part, the following terms, phrases and words shall have the following meanings:
The Township of Jackson.
Any person or entity which is granted a non exclusive franchise pursuant to the terms of this Part.
The Board of Supervisors of the Municipality of Jackson Township.
Any person, firm, partnership, association, corporation, company or organization of any kind.
A facility that crosses public rights-of-way, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to customers, but such term does not include:
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;
A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Communications Policy Act of 1984, except that such facility shall be considered as a cable system to the extent such facility is used in transmission of video programming directly to subscribers; or,
Any facilities of any electric utility used solely for operating its electric utility system.
The provision of any lawful service through the transmission of electrical or electronic signals.
[Ord. 12-4-1989(I), 12/4/1989, § 3]
A non exclusive franchise to construct, operate and maintain a cable television system within all or any portion of the municipality is required of anyone desiring to provide cable television service in the municipality. A franchise may be granted by the Board of Supervisors by resolution or written approval of franchise application to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such cable television under and pursuant to the terms and provisions of this Part. Such franchises shall be subject to the following conditions, in addition to those set forth elsewhere in this Part:
A.
Term of Franchise shall commence upon passage of resolution or written approval of application, whichever comes first. B.
B.
Non exclusive Grant. No right to use and occupy said streets, alleys, public ways and places granted pursuant to this Part shall be deemed to be exclusive, and the municipality reserves the right to grant similar rights to any other qualified company at any time.
[Ord. 12-4-1989(I), 12/4/1989, § 4]
Grantees shall, at all times during the life of a franchise granted pursuant hereto, be subject to all lawful exercise of the police power by the municipality, and to such reasonable regulation, pursuant to the exercise of such police power, as the municipality, Commonwealth of Pennsylvania or United States of America shall hereafter by resolution, ordinance, statute or regulation provide, including:
A.
Interference. If there is any interference on any television set, radio or other electronic device not connected with the conductors or fixtures of the grantee which is caused by the conductors or fixtures of the grantee, the grantee shall immediately at its own cost and expense eliminate such interference. If such interference cannot be eliminated within 48 hours, municipality may direct the suspension of the operation of the grantee within the affected area of the municipality until such interference is eliminated.
B.
Building Permits. In addition, the grantee shall apply for and take out any and all building permits required by the municipality for any construction to be undertaken by said grantee.
[Ord. 12-4-1989(I), 12/4/1989, § 5]
Grantee shall save the municipality harmless from any suit, judgment, claim, or demand whatsoever, arising out of the operations of the grantee in the construction, operation or maintenance of its cable television system in the municipality. The municipality shall notify the grantee's representative in the municipality within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the municipality on account of any damages or losses as aforesaid resulting from the operations of the grantee. The grantee shall furnish to the municipality, prior to the grant of a franchise hereunder, evidence in writing that the grantee has in full force and effect public liability insurance of not less than $500,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000 duly issued by an insurance company or companies authorized to do business in the Commonwealth of Pennsylvania, said insurance to cover all operations by the grantee within the municipality. Upon request, written evidence of the maintenance of such insurance in full force and effect shall be furnished annually thereafter to the municipality.
[Ord. 12-4-1989(I), 12/4/1989, § 6]
The grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under a franchise granted pursuant to this Cable Television Ordinance, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions thereof, additional regulations or ordinances of the municipality, or the laws of the Commonwealth of Pennsylvania or the United States of America.
[Ord. 12-4-1989(I), 12/4/1989, § 7]
1.
Use. All transmission and distribution structures, lines and equipment erected by the grantee within the municipality shall be so located as to cause minimum interference with the use by others of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of owners of property which abuts the said streets, alleys or other public ways and places.
2.
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, grantee shall at its own cost and expense and in a manner approved by the Township Engineer or other person designated by the Board of Supervisors, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced.
3.
Relocation. In the event that at any time during the period of any franchise granted pursuant to this Part the municipality shall lawfully elect to alter, or change the grade or location of, any street, alley or other public way, grantee, upon reasonable notice by the municipality, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
4.
Placement of Fixtures. Grantee, insofar as it is reasonably possible to do so, shall locate its wires, cables, conduits and other television conductors and fixtures on existing utility poles of either the electric or the telephone company. Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line; those placed in alleys shall be placed close to the line of the lot abutting on said alley, and in such a manner as not to interfere with the usual travel on said alleys.
5.
Temporary Removal of Wire for Building Moving. Grantee shall, on the request of any person holding a building permit issued by the municipality, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.
6.
Tree Trimming. Grantee shall have the authority to the same extent that the municipality has such authority, to trim trees and upon overhanging streets, alleys, sidewalks and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee.
[Ord. 12-4-1989(I), 12/4/1989, § 8]
1.
Municipality Rules. Municipality may adopt by resolution such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations shall be reasonable, and not in conflict with the laws of the Commonwealth of Pennsylvania and the United States.
2.
Use of System by Municipality. The municipality, shall have the right, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of grantee within the municipality wires and fixtures necessary for police communications, fire alarm and civil defense warning systems. Municipality will be responsible for installation and maintenance of any such systems. If any such systems interfere with operation or maintenance of the cable system, then grantee shall repair, move or remove equipment and shall be reimbursed by municipality for all reasonable costs of labor and material.
3.
Inspection. The municipality shall have the right to inspect all construction or installation work during such construction or installation or at any time after completion thereof, in order to insure compliance with the provisions of this Part and all other governing ordinances.
[Ord. 12-4-1989(I), 12/4/1989, § 9]
Any grantee holding a franchise pursuant to the terms of this Part shall pay to the municipality for the privilege of operating its community television system under such franchise the sum of 3% of the annual gross cable television revenues from basic service monthly fees. Termination of operation or failure to undertake operation by the grantee within one year of the granting of a franchise hereunder shall terminate liability under this taxing provision. Grantee shall make payment to the municipality of such fees on an annual basis within 30 days following the anniversary date of the grant of its franchise.
[Ord. 12-4-1989(I), 12/4/1989, § 10]
The grantee shall at all times maintain adequate records of the gross receipts from service rental income, which shall be available at all reasonable times during regular business hours to inspection by the municipality through its duly designated agents of officers.
[Ord. 12-4-1989(I), 12/4/1989, § 11]
Any franchise granted hereunder shall be for the initial term 15 years conditioned, however, that said franchise permit thereafter automatically renew for each successive year upon the payment of the fees provided hereunder and compliance with the terms and conditions herein imposed and that the financial condition of the franchisee shall remain satisfactory to the municipality. The term "financial condition" shall be interpreted to mean that the franchisee's condition is such that it will permit the franchisee to perform all of its services to its subscribers.
[Ord. 12-4-1989(I), 12/4/1989, § 12]
All applicants for a franchise shall submit to the municipality a statement containing the following:
A.
Name of the applicant.
B.
Address of the applicant.
C.
Evidence of financial condition of the applicant and, if the applicant is a corporation or partnership, the names of the principal stockholders or partners, whichever is applicable. A financial statement of the person or corporation shall be submitted and shall be certified by a certified public accountant.
D.
Description of the area to be covered by the franchise. Upon receipt of the above information, together with such other information as is requested by the municipality, the Supervisors shall determine whether or not it is in the best interests of the municipality to grant a franchise to the applicant.
[Ord. 12-4-1989(I), 12/4/1989, § 13]
Upon revocation of the franchise by the municipality, or at the end of the term of a franchise, grantee shall remove all of its equipment and other facilities from the municipality within a reasonable time, and shall restore as nearly as possible all public and private property affected thereby to the condition it was in prior to the installation of such equipment and facilities by said company.