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.