[Ord. 1044, 11/19/2002, § 1]
This Part 7 is enacted pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq. The Borough's legal authority regarding the franchising of cable operators is derived from Title VI of the Federal Communications Act, 47 U.S.C. § 621 et seq., and the applicable regulations of the Federal Communications Commission.
[Ord. 1044, 11/19/2002, § 2]
The following terms in this Part 7 shall have the following
meanings:
The Borough of Mechanicsburg.
The governing body of the Borough of Mechanicsburg.
An initial authorization or renewal thereof issued by a franchising
authority, whether such authorization is designated as a franchise,
license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of a cable system.
Any person or group of persons:
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
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 subscribers without using 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 Communications Act, except that
such facility shall be considered a cable system [other than for purposes
of § 13-621(c) of the Communications Act] to the extent
such facility is used in the transmission of video programming directly
to subscribers, unless the extent of that use is solely to provide
interactive on-demand services; an open video system that complies
with § 13-653 of the Communications Act; or any facilities
of any electric utility used solely for operating its electric utility
systems.
The Federal Communications Commission.
A governmental or public entity empowered by federal, state
or local law to grant a cable franchise.
Any person or entity who contracts with a cable operator
for, and lawfully receives, the video signals and applicable cable
services distributed by a cable system.
The West Shore Council of Governments in Cumberland County,
Pennsylvania.
[Ord. 1044, 11/19/2002, § 3]
The Borough is a franchising authority that maintains a cable
franchise or franchises with any and all cable operator or operators
operating a cable system in the Borough. The terms and conditions
of such franchise or franchises shall be contained in a signed and
executed cable franchise agreement or agreements. The franchise agreement
or agreements shall contain, inter alia, certain financial, legal
and technical obligations on the part of the cable operator or operators.
Pursuant to federal law, the Borough has the power, duty and responsibility
as a franchising authority to enforce and ensure cable operator compliance
with such franchise obligations.
[Ord. 1044, 11/19/2002, § 4]
The Borough is a member in good standing of the West Shore COG
as of the effective date of this Part 7. The West Shore COG is a voluntary
organization of local governments dedicated to fostering a cooperative
effort in resolving problems and formulating public policies that
are regional in nature and common to its membership. Should the Borough
cease to become a member of the West Shore COG for a period of 90
days or should the West Shore COG dissolve, terminate or cease to
exist for a period of 90 days, then this Part 7 shall become null
and void.
[Ord. 1044, 11/19/2002, § 5]
The purpose and objective of this Part 7 is for the Borough
to delegate certain regulatory functions, powers and responsibilities
with respect to its enforcement of the cable operator's or operators'
obligations pursuant to the franchise agreement or agreements to the
West Shore COG.
[Ord. 1044, 11/19/2002, § 6]
The specific regulatory functions, powers and responsibilities
delegated to the West Shore COG are contained and enumerated in a
separate written agreement or agreements between the Borough and the
West Shore COG. The specific functions, powers and responsibilities
delegated to the West Shore COG shall also be contained and the enumerated
in the applicable cable franchise agreement or in a separate agreement
between the Borough and the cable operator. Such delegated functions
as memorialized in the written agreements shall be incorporated herein
by reference.
[Ord. 1044, 11/19/2002, § 7]
The Borough does not, by virtue of this Part 7 or any written
agreements incorporated herein by reference, waive, surrender or otherwise
diminish its regulatory authority pursuant to federal, state and local
law or its legal power to enforce and ensure a cable operator's
or operators' compliance with a franchise agreement or agreements,
including any specific powers delegated to the West Shore COG. The
powers delegated to the West Shore COG shall be in addition to those
retained by the Borough.
[Ord. 1044, 11/19/2002, § 8]
Any costs associated with the delegation of specific functions,
powers and responsibilities of the Borough to the West Shore COG shall
be assumed by the West Shore COG and recovered by the West Shore COG
in accordance with its bylaws and customary practice.
[Ord. 1044, 11/19/2002, § 9]
This Part 7 does not authorize or contemplate the acquisition,
management, licensing or disposition of real or personal property.
[Ord. 1044, 11/19/2002, § 10]
The duration of the Borough's delegation of regulatory
functions, powers and responsibilities to the West Shore COG shall
continue as to each cable operator until the termination of the written
agreement between the Borough and the West Shore COG regarding the
delegation of certain functions incorporated herein by reference or
the termination of the written agreement between the Borough and the
cable operator regarding the delegation of certain functions incorporated
herein by reference, whichever occurs first.
[Ord. 1044, 11/19/2002, § 11]
If a court of competent jurisdiction or the FCC declares any section or provision of this Part 7 to be illegal, invalid or unenforceable, or it is preempted by federal or state laws or regulations, such section or provision shall be deemed to be severable from the remaining portions of this Part and shall not affect the legality, validity or enforceability of the remaining portions of this Part 7.
