[HISTORY: Adopted by the Board of Supervisors of the Township of Leacock 6-7-1983 by Ord. No. 45. Amendments noted where applicable.]
A. 
Provided that and so long as any qualifying applicant, hereinafter referred to as "applicant," complies with all of the applicable provisions of this chapter, there is hereby created in applicant, and its successors and assigns, the nonexclusive right, franchise and privilege to erect, install, maintain and operate a cable television system and other closed circuit television and radio transmission and distribution facilities, and additions thereto, (hereinafter referred to as "transmission and distribution system") in, under, over, along and upon the streets, sidewalks, alleys, bridges, roads and highways and other public places within the Township of Leacock, and subsequent annexations thereto, including in connection therewith the right and permission to erect, install and maintain poles and to install, attach and maintain wires, cables, appliances and other facilities to such poles, for the purpose of transmission and distribution of television and radio impulses and signals and related electronic signals and electrical impulses, to provide reception service or the same to the members of the public desiring such service in the Township, and to provide other services, in accordance with the laws and regulations of the United States of America and of the Commonwealth of Pennsylvania and the ordinances and regulations of the Township, for a period of 15 years.
B. 
There is hereby created the further right and authority in the applicant to lease or in any other manner obtain the use of towers, poles, lines and other equipment and facilities from any and all public utilities and holders of public licenses and franchises within the limits of the Township, to install, attach and maintain wires, cables, appliances and other facilities or otherwise use the said poles and facilities or the applicant's transmission and distribution system, and to utilize and exercise such use, subject to all present and future ordinances and regulations of the Township.
C. 
The permission and right created herein are on a nonexclusive basis. The construction plans for any additions to the applicant's transmission and distribution system in the Township, as related to the permit and right created hereby, shall be subject to the approval and right created hereby and shall be subject to the approval of the Township Secretary, prior to the construction thereof.
A. 
The transmission and distribution system, and all appurtenances thereto, of any applicant providing such service shall be located, installed and maintained so as not to endanger or interfere with the lives or property of persons or to unnecessarily hinder or obstruct the free use of the streets and public ways or other public property.
B. 
Installation and maintenance of the transmission and 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, pertinent state statutes and applicable present and future ordinances and regulations of the Township affecting such systems or installations.
C. 
The transmission and distribution system shall be installed and maintained in accordance with good engineering practices and of sufficient height to comply with all present or future Township ordinances, regulations and state laws, so as not to interfere in any manner with the right of the public or individual property owner, and the same shall not interfere with the travel and use of public places by the public.
A. 
Any applicant providing such service shall indemnify, protect and save harmless the Township from and against losses and physical damages to property and bodily injury or death to persons, including payments made under any Workers' Compensation Law, which may arise out of or be caused by the installation, maintenance, presence, use or removal of the transmission and distribution system within the Township or by any act of the applicant, its agents or employees.
B. 
The applicant shall carry insurance to protect the Township from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The amount of such insurance against liability due to physical damage to property shall be not less than $100,000 as to any one accident, and shall be not less than $500,000 aggregate in any single policy year; the amount of such insurance against liability due to bodily injury or to death of persons shall be not less than $300,000 as to any one person, and shall be not less than $1,000,000 as to any one accident. At least yearly, applicant shall furnish to Township certificates of insurance reflecting that the Township is so insured and that all applicable policies are current and effective. The applicant shall also carry such insurance as will protect it from all claims under any Workers' Compensation Law in effect that may be applicable to it. In addition, the applicant shall indemnify the Township and its officials and shall hold 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 applicant.
Any applicant providing the said service shall provide a minimum of 12 channels of television reception service and shall provide one service outlet for television reception service free of all charges to each school building, public or parochial, and to each municipal building and to the fire and police departments in the area served by the system.
The Township hereby determines that it is not necessary or desirable at the present time to regulate installation charges, monthly service charges and other such rates and charges regardless of whether such regulation is within the scope of the Township's powers and authority; provided, however, that the Township reserves at any time in the future the right to so regulate and to charge reasonably appropriate fees therefor. However, the reservation by Township of the right in the future to regulate rates and to charge fees therefor shall not preclude any franchisee, including applicant, from contesting the legal authority of Township to so regulate or the reasonableness of either the rates or the fees charged therefor.
Whenever the applicant providing such service shall receive a request for service from at least 10 subscribers within 1,500 cable feet of its trunk cable, it shall extend its system to such subscribers at no cost to said subscribers for system extension, other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible.
No person shall be refused service arbitrarily. However under unusual circumstances, such as requirements for underground cable, where there is more than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of less than 40 subscribers per mile of trunk or distribution cable, in order that existing subscribers shall not be unfairly burdened, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements.
The transmission and distribution system shall be installed and maintained so as not to interfere with television and radio reception throughout the Township by conventional means.
Any applicant providing the said service shall maintain a local business agent and listed telephone number or toll-free number which subscribers may telephone during regular business hours without incurring added message or toll charges so that cable television maintenance service shall be promptly available.
In consideration of any permit granted to it by the Township, the applicant, and any other franchisee to whom the permit is granted, shall pay to the Township on or before the 30th day of January 1984 and the 30th day of January of each and every year thereafter, a three-percent franchise fee based upon gross annual revenues received for the applicant's operations in the Township for the preceding year (the charge for the year 1983 shall be prorated from the effective date of this chapter to the end of the year). Gross annual revenues shall include any and all compensation or receipts derived from installation, disconnection and reinstallation charges and recurring monthly service charges in connection with the carriage of broadcast signals and Federal Communications Commission mandated nonbroadcast services, but shall not include any refunds or credits made to subscribers or any taxes imposed on the services furnished by grantee. It also includes revenues derived from premium programming such as HBO, Showtime, Prism, etc., and revenues derived from the carriage of broadcast signals and Federal Communications Commission mandated nonbroadcast services and "auxiliary" services, including, but not limited to, advertising, leased channels and pay cable. At the present time no other fee, charge or consideration shall be imposed.
Upon the expiration of the term of the permission and right herein created if the applicant provides such service, the applicant shall have the right to apply for the continuance or renewal thereof with the Township, which shall not unreasonably withhold the same; provided, however, that the applicant has substantially complied with all of the conditions of this chapter during its term, but subject to such additional term and conditions or changes in the same as the Township shall require.
Nothing herein shall be construed to compel any individual, firm or corporation to subscribe to the applicant's service.
The right given hereby shall be assignable by the applicant to any successor, assignee or designee, following submission to the Board of Supervisors of the Township of satisfactory evidence of the general responsibility of the assignee.