Borough of Burgettstown, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown as Ch. VIII, Part 3, of the 1976 Code of Ordinances. Amendments noted where applicable.]
When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and the words in the singular number include the plural number. As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Burgettstown in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
BOROUGH AND COUNCIL
The present governing body of the Borough or any future jurisdiction of the Borough as designated by Council for the Borough.
BROADCAST SIGNAL
A television or radio signal that is transmitted over the air to a wide geographic audience and is carried by a cable television system off the air, by microwave or satellite link, or other means.
CABLE SUBSCRIBER (including "subscriber")
Any person, whether an individual, business entity or institution, who pays either monthly, yearly or special event service charges and who lawfully receives basic cable, pay cable, pay-per-view or other services lawfully provided by the cable television system, regardless of whether such person occupies single-family or multiple-unit dwellings, hotels, or motels, or carries on business or other affairs in business establishments or institutional premises.
CABLE TELEVISION SYSTEM (including "system")
An electronic communications system using antennas, coaxial or light-fibre cables, wires, microwave facilities or receivers, transmitters, towers, waveguides, satellite communications devices and other electronic means or devices designed and constructed for the purpose of providing cable service(s) described as follows:
A. 
The level of service available to subscribers at the lowest monthly rate, which includes local broadcast television or radio signals and locally originated cable programming, if any.
B. 
Programming of any nature which is not available to cable subscribers except upon payment of an additional monthly fee or fees, regardless of source, position or tier of service.
C. 
Programming which cannot be received by cable subscribers without payment of a specific charge for occasional delivery of special programming events, regardless of whether special receipt devices are required.
D. 
Any other kinds of signals or programming permitted by law or contract, regardless of source or nature, distribution method or method of delivery to cable subscribers or engaging in any other business or activity which employs the system and which is allowed by law.
CHIEF ADMINISTRATIVE OFFICER
The Secretary-Treasurer or other designee as made by the Council.
CONVERTER
An electronic device used in the operation of the system, either sold to subscribers or placed by grantee in dwellings, hotels, motels, business establishments or institutional premises, which converts electronic signals from one radio frequency to another.
FRANCHISE
The authorization granted hereunder in terms of a franchise, right, privilege, permit, license or otherwise, which evidences the Borough's assent to the grantee's construction, operation, and maintenance a cable television system within the Borough. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the Borough as required by other ordinances and laws of this Borough.
FRANCHISE AREA
The entire geographic area within the present boundaries of the area under jurisdiction of the Borough, as designated by the Borough; however, in the event that the franchisee shall be unwilling or unable to provide said services to any specific area or areas within the franchise area, as designated by the Borough, then upon that event, after appropriate notice to franchisee, the Borough may permit another company to service said area.
GRANTEE/FRANCHISEE
Blue Devil Cable Television, Inc., a West Virginia corporation.
GROSS RECEIPTS
All monthly service fees actually collected from cable subscribers within a fiscal year by grantee for providing basic cable services to cable subscribers in the franchise area.
PROPERTY OF GRANTEE
All real, personal, tangible or intangible property owned, installed or used within the Borough by the grantee in the conduct of a cable television system business under the authority of the franchise granted pursuant to this chapter.
PUBLIC INTEREST
That standard which shall be applied by the Borough of Burgettstown in considering renewal applications and termination or extension issues, namely whether i) grantee substantially complies with material terms of its franchise and with applicable laws; and ii) the quality of grantee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; and iii) grantee has the financial, legal, and technical ability to provide the services, facilities, and equipment provided for in this chapter.
PUBLIC WAY
The surface of, and the space above and below, any public street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including public utility easements, dedicated utility strips or rights-of-way, and any temporary or permanent fixtures or improvements located thereon, now or hereafter held by the Borough in the franchise area which shall entitle the Borough and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable television system. Said word shall also mean any easement now or hereafter held by the Borough within the franchise area for the purpose of public travel or for utility or public service use and shall be now held or hereafter held by the Borough within the franchise area, which shall within their proper use and meaning entitle the Borough and the grantee to the use thereof for the purposes of installing or transmitting grantee's cable services over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments and other property as may be ordinarily necessary and pertinent to the cable television system.
RESIDENT
Any person residing in the franchise area.
STATE
The State of Pennsylvania.
A. 
There is hereby granted by the Borough to the grantee the nonexclusive franchise to engage in the business of operating a cable television system in the franchise area and for the purpose to erect, install, construct, repair, replace, reconstruct, maintain and regain in, on, over, under, upon, across and along any public way and all extensions thereof and additions thereto in the franchise area such poles, wire, cable, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television system and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, including but not limited to any public utility or similar entity permitted to do business in the franchise area. Grantee shall be required to pay no fees or charges other than the franchise payment stated hereinafter to any person or entity for the use of public ways within the franchise area. No cable television system shall be allowed to occupy or use the public ways of the franchise area or be allowed to operate without a franchise. The grantee shall at all times during the term of this franchise be subject to all lawful exercise of the general police power by the Borough.
B. 
In the event the Borough enters into a franchise, permit, license or other agreement of any kind with any other person or entity other than the grantee, which contains terms more favorable to such person or entity than those contained herein, this chapter shall be deemed amended as of the effective date of the other franchise, permit, license or other agreement, so as to give the grantee the benefit of any such more favorable terms.
The franchise granted by the Borough under this chapter shall be for an initial 15 years from the date set forth hereinafter, provided that the initial term may be extended pursuant to the terms and conditions contained in § 210-12 and as otherwise prescribed herein.
A. 
Obligations of grantee.
(1) 
The grantee shall render service as required hereunder and shall respond to complaints and make repairs as necessary. Grantee shall assure the continuity of cable service to all cable subscribers who are current in their payments for service, and in no event shall grantee turn off the system except as permitted by the terms herein.
(2) 
The cable television system shall be operated and maintained by grantee at all times in substantial compliance with all applicable filing, reporting or requirements of the Federal Communications Commission (FCC) or other government agencies regulating cable television generally.
(3) 
The grantee's obligation to provide, repair, replace, construct, maintain or operate cable television service shall be excused for any period during which such service is prevented or interrupted for any cause beyond grantee's control, including, without limitation, acts of God, fire, flood, earthquakes, hurricane, unavoidable casualty, extraordinary delays in transportation, strikes, lockouts, picketing, boycotts, embargoes, government orders or other requirements, acts of civil or military authorities, governmental restrictions, energy shortages, regulations or controls, war-related shortages, alien invasions, acts or omissions of carriers, or activities or other emergency conditions, including weather conditions, incompatible with good-quality workmanship or operations.
(4) 
If available, the grantee shall provide to any cable subscriber so requesting a parental guidance or lockout device which shall permit the subscriber, at his or her option and at his or her costs, to prohibit a particular cable service during periods selected by that subscriber. The grantee shall advise all cable subscribers regarding the availability of this device, and a charge for any such device may be imposed.
(5) 
If not prohibited by law or regulation, at the request of the Borough, the grantee shall provide a list of all of the names and addresses of existing subscribers within the Borough as of the date of said request. In the event that said information may not be revealed pursuant to law or regulation, then if otherwise permitted thereby, the grantee shall so advise the Borough at the time of said request, but shall provide such information as otherwise may be available and/or revealable pursuant to law or regulation, such as, but not limited to, the number of subscribers, the number of homes, the number of parties receiving services, and the amount of connections or hookups.
B. 
Obligation of Borough.
(1) 
It being in the interest of grantee to maintain a good relationship with the residents of the Borough, the Borough shall assist and cooperate with grantee in maintaining such a relationship.
(2) 
If it becomes legally or practically infeasible for grantee to use certain public ways, particularly public utility easements across private property or dedicated utility strips, then the Borough shall cooperate with grantee in obtaining the necessary authority to cross, use or otherwise employ rights-of-way in installing and maintaining its system, except that under no circumstances shall the Borough be required to make any monetary contribution or payment.
A. 
All transmission and distribution structures, poles, lines, and equipment installed or erected by grantee within the Borough shall be so located as to cause a minimum of interference with proper use of public ways or streets and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways.
B. 
In case of disturbance or damage of or to any public way or street or the like by grantee or as a result of grantee's use of the same, grantee shall, at its own expense, replace, restore and otherwise repair such public way, street or the like to as good condition as the same existed prior to the disturbance or damage thereof.
C. 
Upon its receipt of reasonable advance notice, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate in the same street or other public place any property of the grantee when lawfully required by the Borough by reason of the traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, gas or water pipes, or any other type of structures or improvements by the Borough, but the grantee shall in all cases have the right of abandonment of its property, subject to Borough ordinances, and if public funds are available to any company using such street, easement or right-of-way for the purpose of defraying the cost of any of the forgoing, such funds shall also be made available to grantee.
D. 
The grantee shall, on the request of any person holding a building moving permit issued by the Borough, temporarily raise or lower its wires to permit the moving of buildings, provided:
(1) 
The expense of such temporary raising or lowering of wires is paid by said person, including, if required by grantee, making such payment in advance.
(2) 
Grantee is given not less than 10 business days' advance written notice to arrange for such temporary wire changes.
E. 
The grantee shall have the authority to trim trees or other natural growth overhanging any of its cables or other facilities in the franchise area so as to prevent branches from coming in contact with the grantee's wires and cables or other equipment. After completion of construction of the system, grantee may trim trees or natural growth overhanging the facilities and shall be permitted to charge persons who own or are responsible for such trees or natural growth for the cost of such trimming if and only if similar charges are assessed by and paid to the utilities or the Borough for the same activity. In any event, grantee shall compensate the Borough or property owner for, or shall replace at its own cost and expense, all trees or shrubs damaged as a result of any construction of the system undertaken by grantee.
F. 
Subject to any applicable state or federal regulations or tariffs, the Borough shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for grantee in any street, provided that:
(1) 
Such use by the Borough does not interfere with a current or future use by grantee.
(2) 
The Borough holds grantee harmless against and from all claims, demands, costs or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits.
(3) 
If the use of the same by the Borough affects the use of the same by grantee, then and only in the event of the same the Borough shall pay a rental fee or otherwise compensate the grantee for the use of such poles or conduit.
A. 
Construction, installation and maintenance of the television system shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. All such work shall be performed in accordance with applicable safety code or technical requirements, including, but not limited to, the Pennsylvania Uniform Construction Code (UCC); Bell System Code of Pole Line Construction; and applicable FCC or other federal, state and local regulations.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In any event, the system shall not endanger or interfere with the safety of persons or property in the franchise area. In particular, grantee shall substantially comply with all local, state or federal laws or regulations which govern cable plant signal leakage or interference with communications media. Any antenna structure used in the cable television system shall comply with all construction, marking, and lighting of antenna structure requirements of the United States Department of Transportation. All working facilities, conditions, and procedures used during construction, installation and maintenance of the cable television system shall comply with the standards of the Occupational Safety and Health Administration.
A. 
In those areas of the Borough where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, or hereafter are placed underground, the grantee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground, provided that such facilities are actually capable of receiving grantee's cable and other equipment without technical degradation of the system's signal quality. In those areas where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, grantee shall have the sole discretion to construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, aerial or underground. Nothing contained in this chapter shall require grantee to construct, operate, and maintain underground any ground-mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals, or other related equipment.
B. 
The grantee is hereby authorized to extend the system within the area when, where and to the extent that such extension is technically and economically feasible.
C. 
Whenever the grantee shall have received written requests with any requested monetary deposits for cable service from at least 25 subscribers within 1,612 cable meters (5,280 cable feet) of the same aerial trunk cable, or from at least 30 subscribers within 1,612 cable meters (5,280 cable feet) of the same underground trunk cable, it shall extend its system to such subscribers solely for the usual connection and service fees for all subscribers, provided that such extension is technically and economically feasible. The 1,612 meters shall be measured in extension length of grantee's cable required for service located within the public way or easement and shall not include the length of the necessary drop to the subscriber's home or premises. Notwithstanding the above, the grantee shall not be required to provide service to a subscriber where a drop line from the feeder cable to the subscriber's house or premises exceeds 76.20 cable meters (250 cable feet), until it is technically and economically feasible to do so.
D. 
No person in the grantee's service area shall be arbitrarily refused service, but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instances when subscriber density is less than provided for in Subsection C above, cable service may be made available in such lower-density areas on the basis of the payment in advance of costs of materials, labor and obtaining easement by the parties requesting cable service in order to prevent cable subscribers in more densely populated areas from subsidizing services to subscribers residing in low-density areas.
E. 
New developments.
(1) 
For all residential structures hereinafter erected which are to be served by underground utilities, the developer of the subdivision or development may acquire cable service for such development under the following conditions:
(a) 
The entire cost of such undergrounding, from the boundary of the new subdivision or, in the case of an individual structure which is not a part of an existing subdivision, from the lot line to each building, shall be borne by the developer, subdivider or owner of the property, including the reimbursement to the grantee of its share of all trenching costs, materials and labor.
(b) 
The developer, at its expense, shall perform any trenching or backfilling necessary in preparation for the provision of cable service, including the furnishing of any backfill material required to be imported, and will furnish and install for the grantee any necessary distribution conduits and substructures, including pedestals, required in preparation for the provision of cable service and in accordance with the grantee's plans and specifications.
(2) 
Grantee shall not be obligated to provide cable service to such new development unless such developer or owner agrees to bear the costs. However, grantee shall have the right to provide cable service to all newly developed areas of the Borough at its own expense, regardless of whether a developer or owner cooperates with grantee or pays grantee for the expenses of installing cable on their property.
(3) 
Grantee shall provide plans and specifications to a developer and shall inspect the facilities installed hereunder and certify to the Borough prior to final approval of the subdivision or development that the facilities installed in the development were properly installed. All such facilities installed hereunder shall be owned, operated, and maintained by grantee.
(4) 
With respect to any subdivision plan which requires the approval of the Borough, the Borough shall require the developer to locate and identify on such plan easements which have been dedicated or are to be dedicated to public use, in order to provide grantee with the right to construct, install and maintain, on the land identified in such plan, any equipment necessary to provide cable services to each dwelling unit in the subdivision.
A. 
In consideration of the granting and exercise of this franchise to use the public ways for the operation of a cable television system, and to help defray some of the costs of regulation of the system, grantee shall pay to the Borough, during the initial term of the franchise, a fee equal to 3% of its gross receipts as determined at the end of the franchise's tax year. For each year of the franchise, said amount shall be calculated as of the 31st of December. Said franchise fee of 3% shall be remain in full force and effect during the initial term of the franchise. If, however, the franchisee should increase its rates, then and in that event the franchise fee paid to the Borough shall also be increased in an amount as determined by the Borough wherein the same shall not exceed 5% of gross receipts unless the regulatory agencies, departments, or bureaus and/or laws and regulations permit a higher franchise fee. Therefore, in the event that the franchisee should increase its rates, the Borough shall have full authority and discretion to increase said franchise fee to an amount as deemed appropriate by it within its sole discretion as long as the same does not violate any rule or law pertaining to the regulation of the same up to a maximum of 5% of gross receipts. Any increase in the franchise fee made by the Borough and/or Council shall be effective 30 days after the date of its enactment, ordination, and/or establishment, and thereon the franchisee shall pay the franchise fee effective the date that the same is instituted.
B. 
The grantee shall continue to pay the Borough the franchise fee of 3% (or higher if otherwise permitted) on gross receipts unless notified by the Borough as follows:
(1) 
After the granting of the franchise and/or of the franchise permit, the Borough may, at any time during the term of the franchise, or extensions thereof, on its own initiative, refrain from collecting a franchise fee from the grantee, reduce the amount of the franchise fee it collects from the grantee, or increase the amount of the franchise fee it collects from the grantee up to a maximum of 5% of the gross receipts of grantee; subject, however, to the same being permitted by law or regulation and as otherwise regulated under this chapter.
(2) 
The franchise payments shall be made to the Borough quarterly within 30 days of the end of the quarter. The quarters shall be as follows: Q1 – January, February, March; Q2 – April, May, June; Q3 – July, August, September; Q4 – October, November, December, or portion thereof during which the franchise is in force. After notice to the grantee delivered pursuant to § 210-16 hereof that the quarterly payment is late, the Borough shall be entitled to impose on the grantee a penalty in the amount of $100 per day for each day in excess of the thirty-day period in which the grantee willfully fails, refuses or neglects to pay any undisputed portion of the percentage due and owing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
At the time of payment, the grantee shall provide the Borough with a summary of gross receipts received during the quarter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No bond will be necessary since there is no construction in this case.
B. 
Hold harmless.
(1) 
The grantee shall hold the Borough, its officers, boards, and employees harmless from liability for damages or claims for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of the grantee's negligent operations in conducting a cable television business in the Borough.
(2) 
The Borough shall hold grantee, its officers, directors, employees, subscribers, assigns and successors harmless from liability for damages, claims for damages or liability or claims resulting from bodily injury (including accidental death) which arise out of the Borough's, its employees' or agents' negligence in dealing with or in any way handling or affecting grantee's real or personal property used or usable in the cable television system in the franchise area.
C. 
Insurance required. Upon being granted a franchise, and after the filing of the acceptance required under this chapter, the grantee shall file with the Borough Secretary-Treasurer, and shall thereafter maintain in full force and effect at its own cost and expense, during the term hereof, general comprehensive liability insurance in the amount of $1,000,000 for bodily injuries (including accidental death) to any person and subject to the same limit for each person in an amount not less than $500,000 on account of any one occurrence, and property damage liability insurance in an amount not less than $500,000 resulting from any one occurrence.
D. 
At the expiration of the initial term of the franchise, 15 years, whereafter the same is renewed or extended pursuant to § 210-12 hereafter, the franchise fee shall be reestablished at said time within the sole discretion of the Borough, subject to the rules and regulations of the Federal Communications Commission and/or the Commonwealth of Pennsylvania and/or the United States of America.
The franchise granted herein shall not be sold, assigned or transferred, in whole or in part, either by force or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, other than to a person or entity controlling, controlled by or under common control by resolution, or by informal consent procedures. The consent of the Borough shall not be unreasonably withheld or delayed; provided, however, that the prospective assignee or transferee must agree, in writing, to comply with all the provisions of this chapter; and provided, further, that no such consent shall be required for a transfer in trust, by mortgage, or by other hypothecation, in whole or in part, or to assign rights in the cable television system to secure indebtedness.
A schedule setting forth the initial rates, services and charges to be paid by subscribers for basic cable service, including connection and service rates, shall be attached to this chapter.[1] Rates for motels, hotels, rooming houses, trailer courts, hospitals and rest homes are to be negotiated. Such rates, services and charges are subject to change by grantee and shall not be regulated by the Borough unless authorized by federal and/or state laws.
[1]
Editor's Note: The rate schedule is on file and available for review in the Borough offices.
A. 
Extension. The Borough may extend the franchise for an additional five years beyond the initial 15 years if grantee so requests. Within no more than 180 days of the expiration date of the initial term, grantee shall, at its option, notify the Borough in writing that grantee wishes to petition for a five-year extension. The Borough shall then set a date for a Borough meeting which the Borough Secretary-Treasurer shall advertise in a newspaper of general circulation at least once in the 10 days prior to the meeting. At said meeting, the Borough and Council shall hear the petition of grantee and any comments from residents of the Borough on the issues raised pursuant to the public interest standard contained in § 210-1 hereof. If the Borough and/or Council find that the public interest standards will be met by a five-year extension of the initial term, the Borough shall grant grantee's petition. If the Borough denies the petition, it shall give its reasons in writing within 30 days after the meeting and shall provide grantee with a copy of the decision within two business days of its publication.
B. 
Renewal of franchise. Prior to the expiration of the initial term of the franchise granted hereunder or any extension thereof, the Borough and/or Council may consider an application by grantee for renewal of the franchise for an additional ten-year term, if, in the opinion of the Borough, such renewal is in the public interest. The procedure to consider such a renewal, unless specifically prohibited by state or federal rule and/or law or regulation, shall be as follows:
(1) 
Prior to the expiration of the initial term of the franchise or any extension thereof, grantee shall petition the Borough in writing for renewal of the franchise.
(2) 
Within 30 days after receipt by the Borough of grantee's petition for renewal, the Borough Council shall hold a meeting to consider the renewal petition, and the Borough Secretary-Treasurer shall publish notice of said meeting, its time, place, subject matter and parties entitled to be heard at the meeting, in a newspaper of general circulation at least once in 10 days immediately prior to the public meeting.
(3) 
At the meeting, the Borough shall hear representatives of grantee and interested residents on any issues raised pursuant to the public interest standard.
(4) 
The Borough shall make its decision on the grantee's petition for renewal and shall publish a written determination stating the reasons for renewal or nonrenewal all within 30 days after the meeting is held. Grantee shall be provided with a copy of the written determination within two business days after it is published.
(5) 
If the Borough finds renewal would serve the public interest, the grantee shall be entitled to a renewal of the franchise, and the Borough shall enter into negotiations with grantee for amendments to the expired franchise or for a new franchise. If the Borough finds that nonrenewal serves the public interest, then the procedures set forth herein shall apply.
C. 
Termination. The Borough may terminate a franchise in the event of the willful failure, refusal or neglect by grantee to substantially comply with any material requirement or limitation contained in this chapter. The Borough shall comply with the following procedures:
(1) 
The Borough shall, with advice of legal counsel, make a written determination that after reasonable investigation it appears that grantee has willfully failed, refused or neglected to substantially comply with the material provisions of this chapter. However, the Borough shall not be justified in determining that an apparent violation by grantee of this chapter exists, unless it also appears that there is no reasonable explanation, excuse or justification for such apparent violation. Further, a dispute between the Borough and grantee over policies, practices or procedures which are not clearly stated in or based on the language of this chapter shall not be deemed a sufficient basis for a determination of an apparent violation.
(2) 
If the Borough finds good cause to make its determination on the standards set forth above, then it shall give written notice to grantee stating clearly its factual and legal basis for such determination. Grantee shall then have a period of 30 days after its receipt of such notice in which to comply with the provision. If the apparent violation is not remedied within the thirty-day period, the Borough may order the matter of apparent violation to be brought up for discussion at a regularly scheduled meeting. Grantee shall be served with notice at least 30 days prior to the meeting as to the topic, time, place and procedure for the meeting, and the same shall be publicized by the Borough.
(3) 
At the meeting, the Borough shall permit representatives of grantee to be heard, together with any residents, who have requested to be heard on the topic of the apparent violation. Based on the facts and arguments of grantee, any relevant factual presentations of residents and the Borough's own investigation, the Borough shall make a decision whether the apparent violation was, in fact, a willful failure, refusal or neglect to substantially comply with a material provision of this chapter. Such decision shall be in writing, stating clearly the factual and legal basis for the decision, shall be rendered and made public within 30 days of the meeting, and grantee shall be provided a copy thereof within two business days after the decision is published.
(4) 
If the Borough shall determine that such willful failure, refusal or neglect by the grantee was not in the public interest and was without just cause, then the Borough may, by resolution, declare that the franchise shall be terminated unless the grantee shall comply with the violated provision within such period as the Borough may fix.
D. 
Procedure in event of termination, nonrenewal or denial of extension.
(1) 
If grantee disagrees with the Borough's determination as to termination, renewal or extension, and chooses not to comply with the material provision at issue, or does comply under protest, then grantee may pursue any and all equitable or legal means of judicial review. If grantee seeks judicial relief in the form of judicial stay, injunction or other temporary restraint of the effectiveness of the Borough's decision, both the Borough and Council agree not to oppose unnecessarily grantee's pursuit of such relief.
(2) 
Pending a final disposition of grantee's judicial review, grantee shall have the right to continue the business of providing cable service to its subscribers, may receive revenue and profits from such business, and shall in all ways be considered by the Borough as having a claim of right to continue as the grantee, provided that grantee shall continue to comply with the material provisions of this chapter which are not in dispute. (Compliance by grantee with material provisions in dispute shall not be construed as an admission of liability.)
(3) 
In the event grantee is ultimately unsuccessful in pursuit of its judicial remedies, or if grantee is permitted to and does not comply with any final determination, then grantee shall commence immediately, after a judicial mandate that has been issued and entered on the records of the court, to solicit buyers for the cable television system and shall use best efforts to sell said system. In the event grantee is unable to find, after its best efforts, a bona fide buyer who will pay a fair market price for the system, then grantee shall have the right to shut down and remove any and all of the equipment, property or other facilities making up the cable television system in the franchise area, all to be accomplished within 180 days after a final order is issued by a court or by the Borough in the event grantee chooses not to seek judicial review of the Borough's final determination. Grantee may continue to operate the system within such one-hundred-eighty-day period and until it is shut down and removed. However, at grantee's sole option, it may abandon some or all of the equipment, property or facilities of the cable television system, but in so doing, grantee relinquishes all right to compensation by the Borough or any third party using or taking over such system after grantee has abandoned it.
A. 
When not otherwise prescribed herein, all matters herein required to be filed with the Borough shall be filed with the Borough Secretary-Treasurer.
B. 
Outlets.
(1) 
The grantee shall provide without charge one outlet of basic cable service to each governmental office building, fire station, police station, and public school building that is passed by its cable television system. Users of such outlets shall hold grantee harmless from any and all liability or claims arising out of their use of such outlets.
(2) 
Notwithstanding the above, the grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds 76.20 cable meters (250 cable feet) until it is technically and economically feasible to do so. In the event that additional outlets for basic cable are provided to such buildings, the building owner shall pay the usual installation and service fees associated therewith.
C. 
In the case of any life-threatening emergency or disaster, the grantee shall make available its facilities to the Washington County Emergency Service Office to provide emergency information and instructions during the emergency or disaster period. The Borough shall hold the grantee, its agent, employees, officers, and assigns harmless from any claims arising out of the emergency use of its facilities in accordance with this provision to the extent that the same was or were attributable to the acts and/or control of or by the Borough.
D. 
Grantee shall be prohibited from directly or indirectly initiating or using any form, procedure or device for procuring information or data from subscribers' premises by use of the system without prior written authorization from each subscriber so affected. "Authorization" shall mean written approval from the subscriber of the specific use or purpose for which the information is sought. Further, it shall be unlawful for the grantee, without such authorization, to activate or utilize any transmission path from the subscriber's premises, in a manner which invades subscriber's right of privacy or for which grantee has no authorization. However, grantee shall have the right to utilize any transmission path to verify the technical integrity and quality of performance of the cable television system. The provisions of this chapter shall not apply to the collection of information solely for billing and collection purposes or cable-related needs or services provided by grantee or as otherwise allowed by law.
E. 
If the Federal Communications Commission, or any other federal or state body or agency, shall now or hereafter exercise any paramount jurisdiction over the subject matter of this chapter, then, to the extent such jurisdiction shall preempt or preclude the exercise of like jurisdiction by the Borough, jurisdiction of the Borough shall cease and no longer exist.
F. 
No person, firm or corporation within the franchise area of the grantee, and where trunk lines are in place, pursuant to §§ 201-4 and 210-5 hereof, shall be refused cable service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.
G. 
If at any time the grantee's cable television system or other equipment is disturbed, damaged or severed by a third party, the cost of repair shall be paid by the party responsible for said damage. The grantee may charge the responsible party for the cost of labor and materials expended by the grantee to repair said damage or replace damaged cable plant. The Borough will cooperate with the grantee in enforcing any charge or penalty arising from such damage to grantee's property.
H. 
In the event that future legislation or regulation is enacted at the federal or state level, grantee and the Borough agree to abide by such new legislation or regulation, and each party will have all rights, privileges, duties and obligations provided for in such new legislation or regulation. To the extent that future legislation or regulation enacted by the federal or state governments should increase the rights of a municipality to regulate, administer and control cable television systems and/or franchises or the like, this chapter and/or amendments and/or any franchise agreements entered into pursuant to this chapter, or any amendments thereto, may be modified, altered or amended by the Borough pursuant to the discretion leeway authority and/or powers authorized thereby upon proper and timely notice to the franchisee.
The grantee shall substantially comply with all valid and applicable requirements of federal or state government regarding equal employment policy and practice.
A. 
From and after the effective date of this chapter, it shall be unlawful for any person to construct, install or maintain within any public way in the Borough, or within any other public property of the Borough, or within any privately owned area within the Borough which has not yet become a public way but is designated or delineated as a proposed public way on any tentative subdivision map approved by the Borough, any equipment or facilities for distributing any television signals or radio signals through a cable television system, unless a franchise authorizing such use of such public way or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.
B. 
It shall be a summary offense for any person, firm or corporation to create or make sure use of an unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the franchised cable television system within this Borough for the purpose of enabling such person, firm or corporation or third parties to receive or use any cable services without payment to the grantee.
C. 
It shall be a summary offense for any person, without the consent of the grantee, to willfully tamper with, remove or injure any property, equipment or part of the cable television system or any means for receiving cable services.
D. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
The Borough shall cause its legal enforcement staff to cooperate fully in the enforcement, prosecution and conviction of persons found to have violated the criminal law applicable to cable service and the cable television system.
A. 
All notices required herein shall be in writing and shall be deemed to have been duly given to the required party three business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, return receipt requested, at a post office or branch thereof regularly maintained by the United States Postal Service. The notices shall be addressed as follows:[1]
Borough Secretary-Treasurer
Burgettstown Borough
1509 Main Street
Burgettstown, PA 15021
Borough Solicitor
Burgettstown Borough
1509 Main Street
Burgettstown, PA 15021
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Parties may designate other addresses from time to time by giving due notice to each other.
A. 
Grantee shall file its written notice of acceptance of a franchise with the Borough Secretary-Treasurer within 30 days after the passage and adoption of this chapter.
B. 
The effective date of the franchise agreement shall be the date of the grantee's written notice of acceptance.
The rates referred to in this chapter shall be established in this chapter based on the categories attached hereto and marked "Exhibit A."[1]
A. 
The initial rates, as established by this chapter, may be increased annually by a maximum of 5%; provided, however, that this percentage does not exceed the percentage increase of the consumer price index for all items for the Pittsburgh area for the preceding 12 months subject to the terms and conditions contained in § 210-11 above and is otherwise permitted by law or regulation.
B. 
Adjustments which exceed the five-percent limit may be increased only with prior approval of the Borough after a public hearing if the FCC permits Borough approval in said matter. The Borough approval of said rate increase shall not be unreasonably withheld.
C. 
The grantee shall have the right to negotiate separate rates with the owners of motels, hotels, rooming houses, apartment houses, trailer courts, hospitals and rest homes.
D. 
In addition, the grantee may make available to its subscribers one or more of the following pay TV cable services: Home Box Office (HBO), Showtime, Disney Channel, Cinemax, ESPN, The Movie Channel and the like.
E. 
As to said pay cable services, the grantee is reserved the right to establish the monthly rates for said services, subject to the approval of the Borough, if permitted by law, whose approval shall not be unreasonably withheld.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
By the enactment of this chapter, the Borough and/or Council is not binding the Borough nor agreeing on behalf of the Borough to commence, prosecute or maintain any action on behalf of the grantee for purposes of obtaining rights-of-way through eminent domain or otherwise.