[Ord. 893-75, 1/17/1975, § 1]
In consideration of the faithful performance and observance
of the conditions and reservations hereinafter specified, there is
hereby granted to the Company (Gettysburg TV Cable, Inc.), its successors
and assigns, the right to erect, maintain, and operate television
transmission and distribution facilities, and additions thereto, in,
under, over, along, across and upon the streets, lanes, avenues, sidewalks,
alleys, bridges, and other public places in the Borough of Gettysburg,
and subsequent additions thereto, for the purpose of transmission
and distribution of audio and visual impulses of television energy
and other services, including but not limited to cable television,
closed-circuit television and two-way communications, so long as all
such services are provided in accordance with the laws and regulations
of the Federal Communications Commission, the State of Pennsylvania
and the ordinances and regulations of the Borough of Gettysburg upon
the stipulations and conditions hereinafter contained.
[Ord. 893-75, 1/17/1975, § 2]
There is hereby granted the further right, privilege and authority
to the Company to lease, rent or in any other manner obtain the use
of towers, poles, lines, cables and other equipment and facilities
from any and all holders of public licenses and franchises within
the limits of the Borough of Gettysburg, including the telephone and
power company and to use such towers, poles, lines, cables and other
equipment and facilities, subject to all existing and future ordinances
and regulations of the municipality. The poles used for the Company's
distribution system shall be those erected and maintained by the telephone
and power company, when and where practicable, providing mutually
satisfactory rental agreements can be entered into with said companies.
[Ord. 893-75, 1/17/1975, § 3]
1. There is hereby granted the further right, privilege and authority
of Company to lease, rent or in any other manner obtain land or right-of-way
to erect and maintain its own poles, as may be necessary for the proper
construction and maintenance of the television distribution system,
with the approval of locating poles by the Borough of Gettysburg.
2. The Company's transmission and distribution system poles, wires and
appurtenances shall be located, erected and maintained so as not to
endanger or interfere with the lives of persons, or to interfere with
new improvements this Borough may deem proper to make, or to unnecessarily
hinder or obstruct the free use of the streets, alleys, bridges or
other public property; removal of poles to avoid such interference
will be at the Company's expense.
3. Construction and maintenance of the transmission distribution system
shall be in accordance with the provisions of the National Electrical
Safety Code, prepared by the National Bureau of Standards, the National
Electrical Code of the National Board of Fire Underwriters, and such
applicable ordinances and regulations of the Borough of Gettysburg,
affecting electrical installations, which may be presently in effect.
4. All installations of equipment shall be permanent of nature, durable
and installed in accordance with good engineering practices and of
sufficient height to comply with all existing Borough regulations,
ordinances and state laws so as not to interfere in any manner with
the right of the public or individual property owner, and shall not
interfere with the travel and use of public places by the public and
during the construction, repair or removal thereof, and shall not
obstruct or impede traffic.
5. In the maintenance and operation of its television transmission and
distribution system in the streets, alleys and other public places,
and in the course of any new construction or addition to its facilities,
the Company shall proceed so as to cause the least possible inconvenience
to the general public; any opening or obstruction in the streets or
other public places made by the Company in the course of its operations
shall be guarded and protected at all times by the placement of adequate
barriers, fences or boardings, the bounds of which, during periods
of dusk and darkness, shall be clearly designated by red warning lights.
Any excavation or taking up of pavement, curbing or sidewalk shall
be done only with the approval of the Borough and shall be repaired
by the Company.
6. In the event the Borough shall relocate a street, raise or lower
a bridge or make any other changes requiring the removal or utility
installations, the Company, at its sole expense, shall remove or relocate
its installations at said locations.
[Ord. 893-75, 1/17/1975, § 4]
1. The Company shall indemnify, protect and save harmless the Borough
from and against losses and physical damage to property, and bodily
injury or death to persons, including payments made under any workmen's
compensation law, which may arise out of or be caused by the erection,
maintenance, presence, use or removal of said attachments on poles
within the Borough or by any act of the Company, its agents or employees.
The Company shall carry insurance, to protect the parties hereto from
and against all claims, demands, actions, judgments, cost, expenses,
and liabilities which may arise or result, directly or indirectly
from or by reason of such loss, injury or damage. The amounts of such
insurance against liability due to physical damages to property shall
not be less than $50,000 as to any one accident and not less than
$50,000 aggregate in any single policy year; and against liability
due to bodily injury or to death of persons not less than $100,000
as to any one person not less than $300,000 as to any one accident.
The Company shall also carry such insurance as it deems necessary
to protect it from all claims under the workmen's compensation laws
in effect that may be applicable to the Company. All insurance required
by this Part shall be and remain in full force and effect for the
entire life of this Part. Said policy or policies of insurance or
a certified copy or copies thereof shall be deposited with and kept
on file by the Borough Secretary. In addition, the Company shall indemnify
the Borough and its officials and shall hold them and each of them
harmless of and from any and all liability with respect to alleged
copyright infringements, and with respect to the subject matter of
any program transmitted by the Company.
2. The Company shall furnish bond to the Borough in the amount of $25,000
which shall remain in full force and effect throughout the term of
this Part, and all renewals hereof, to guarantee removal of all wires,
poles, cables, conductors, fixtures and attachments upon termination
of this franchise ordinance or upon the discontinuance by the franchisee
of the operation within the Borough of the community antenna television
system permitted by this Part to be erected, operated and maintained.
[Ord. 893-75, 1/17/1975, § 5]
1. Pay Television. The Company shall engage in the business of pay television,
that is, the sale of programs on a program-by-program basis, only
if permitted to do so under the rules and policies of the Federal
Communications Commission and if authorized by the Borough of Gettysburg.
2. Television Sales and Service. The Company and its employees shall
not engage in the sale, service, rental or leasing of television receivers
in the Borough of Gettysburg.
3. Interference with Existing TV Reception. Installation shall be maintained
so as not to interfere with TV reception already in existence.
[Ord. 893-75, 1/17/1975, § 6; as amended by Ord.
894-75, 2/12/1975]
The Company's initial charge for installation of a single residential
television connection shall not exceed $15, and the monthly subscriber
fee for the service provided shall not exceed $10.50 per month, plus
$2 for each additional television set connected to the cable by the
subscriber. The charge for transfers and reconnections for the service
provided shall not exceed $15. No change in the rates authorized in
this section shall be made by the Company unless authorized by the
Borough of Gettysburg after an appropriate public proceeding affording
due process.
[Ord. 893-75, 1/17/1975, § 7]
The Company agrees to maintain a local business office or agent
for the purpose of investigating complaints promptly with respect
to the quality of service, malfunctions of equipment and other pertinent
matters relating to its operations. Wherever feasible, the Company
shall investigate and adjust complaints within 24 hours of their receipt.
For the convenience of subscribers, the Company shall maintain a toll-free
telephone service so that requests of the subscribers may be reported
at all times without cost.
[Ord. 893-75, 1/17/1975, § 8]
The Company agrees to comply with all rules and regulations
promulgated by the Federal Communications Commission modifying or
amending the provisions of Section 76.31 of its Rules and Regulations,
entitled "Franchise Standards"; such modification or amendment shall
be incorporated into this Part within one year of adoption of the
modification or amendment, or at the time of franchise renewal, whichever
occurs first.
[Ord. 893-75, 1/17/1975, § 9; as amended by Ord.
1081-89, 1/9/1989]
The Company shall pay to the Borough of Gettysburg, as a franchise
fee, a sum equal to 5% of the Company's gross subscriber revenues
per year from cable television operations in the community based upon
monthly service charges rendered but not based upon charges for connections,
disconnections and other charges which are normally nonrecurring in
character. Said payment shall be made annually, and within 30 days
after the end of the Company's fiscal year.
[Ord. 893-75, 1/17/1975, § 10]
The rights hereby granted shall become effective upon the passage
of this Part and continue for a period of 10 years. This agreement
shall be renewed and extended for a ten-year term subject to the conditions
and covenants contained herein and based upon the approval by the
Borough of Gettysburg after a public proceeding affording due process
to determine the Company's eligibility to continue to operate in the
manner described herein.
[Ord. 893-75, 1/7/1975, § 11]
The Company shall not assign its rights hereunder without the
prior consent of the Borough of Gettysburg, which consent shall not
be unreasonably withheld.