A.
Purposes. The purposes of this Part 1 are to:
(1)
National policy. Establish policies consistent with national policies
concerning cable communications.
(2)
Growth, development, needs. Establish franchise procedures and standards
that encourage the growth and development of cable systems and that
assure that cable systems subject to this Part 1 are responsive to
the needs and interests of the Township.
(3)
Regulation of cable systems. Establish guidelines for the exercise
of Township authority with respect to the regulation of cable systems.
(4)
Diversity of information and services. Assure that cable communications
subject to this Part 1 provide and are encouraged to provide the widest
possible diversity of information sources and services to the public.
(5)
Renewals. Establish an orderly procedure for franchise renewal that
protects cable operators against unfair denials of renewal where the
operator's past performance and proposal for future performance
meet the standards established by this Part 1.
(6)
Competition, unnecessary regulation. Promote competition in cable
communications and minimize unnecessary regulation that would impose
an undue economic burden on cable systems.
B.
Franchise required. A cable operator shall not provide cable service
in the Township without a franchise granted pursuant to this Part
1, except where a cable operator provides cable service to those areas
in the Township that are within the boundary of a franchising authority
other than the Township.
C.
Joint administration. The Township Board of Trustees may enter into
contractual undertakings or agreements with other franchising authorities
for the joint administration of a franchise; share the costs and responsibilities
with other franchising authorities; transfer or accept functions or
responsibilities from or to other franchising authorities upon the
consent of each franchising authority involved.
D.
Nonexclusive. Franchises granted pursuant to this Part 1 shall be
nonexclusive and shall not affect the right of the Township to grant
to any other cable operator a franchise to occupy and use the streets
or any part of the streets for the construction, operation and maintenance
of a cable service within the Township. The cable operator shall not
take a legal position contesting the Township Board of Trustees' right
to authorize such use of the streets or any part thereof; however,
the Board shall give an existing franchise cable operator no less
than two weeks' notice of the date of hearing on an application
for a franchise and provide such cable operator an opportunity to
appear and be heard before the Board, prior to the Board's acting
on the application.
E.
Rights-of-way. A franchise granted pursuant to this Part 1 shall
authorize the construction of a cable system over public rights-of-way
and through easements that are within the area to be serviced by the
cable system and have been dedicated for compatible uses; except that
in using such easements, the cable operator shall ensure that:
(1)
Safety, appearance. The safety, functioning and appearance of the
property and the convenience and safety of the public shall not be
adversely affected by the installation, maintenance, or construction
of facilities necessary for a cable system.
(2)
Distribution of expense. The cost of the installation, construction,
operation, maintenance or removal of such facilities shall be borne
by the cable operator or subscriber, or a combination of both.
(3)
Just compensation. The owner of property shall be justly compensated
by the cable operator for any damages caused by the installation,
construction, operation, maintenance or removal of equipment or structures
by the cable operator.
(4)
Minimum interference. All transmission and distribution structures,
lines and equipment erected by the cable operator within the Township
shall be so located as to cause minimum interference with the proper
use of streets, alleys and other public ways and public places, and
to cause minimum interference with the rights and reasonable convenience
of property owners who adjoin any of the streets, alleys or public
ways and public places.
(5)
Damage to public property. In case of disturbances of any street,
sidewalk, alley, public way or paved area, the cable operator shall,
at its own cost and in a manner approved by the Township Board of
Trustees or its representative, replace and restore such street, sidewalk,
alley, public way or paved area in as good a condition as existed
prior to such disturbance.
(6)
Relocation of equipment and materials. If at any time during the
period of a franchise granted pursuant to this Part 1 the Township
shall lawfully elect to alter or change the grade of any street, sidewalk,
alley or other public way, the cable operator, upon reasonable notice
by the Township, shall remove or relocate its poles, wires, cables,
underground conduits, manholes and other fixtures at its own expense.
(7)
Interference with travel. Any poles or other fixtures placed in any
public way by the cable operator shall be placed in such a manner
so as not to endanger persons or property and so as not to interfere
with the usual travel on such public way.
(8)
Engineering standards, FCC specifications. All of the cable operator's
plant and equipment, including but not limited to the antenna site,
head ends and distribution system, towers, house connections, structures,
poles, wires, cables, coaxial cables, fixtures and appurtenances,
shall be installed, located, erected, constructed, reconstructed,
replaced, removed, repaired, maintained and operated in accordance
with good engineering practices and meet all relevant specifications
of the FCC and federal, state and local law.
(9)
Rights of permit holders. The cable operator shall, at the request
of any private party holding an appropriate permit issued by the Township,
temporarily raise or lower its lines to permit the moving of any building
or other structure; and the actual expense of such shall be paid by
the party so requesting. The cable operator may require that such
expense be paid prior to its raising or lowering its lines.
F.
Discrimination based on income. The Township shall assure that access
to cable service is not denied to any group of potential residential
cable subscribers because of the income of the residents of the local
area in which such group resides.
G.
Discrimination, hearing impaired. The Township has the authority
to prohibit the cable operator from discriminating among customers
of the basic cable service. The Township may require and regulate
the installation or rental of equipment that facilitates the reception
of basic cable service by hearing impaired individuals.
H.
Permits, licenses. A franchise granted pursuant to this Part 1 does
not take the place of any other franchise, license or permit that
may be required by federal, state or local law.
I.
Federal, state law. Any franchise, renewal or transfer of an existing
franchise shall be subject to all applicable state or federal laws,
including rules and regulations promulgated by the FCC.
J.
Safety requirements. The cable operator shall at all times employ
ordinary care and shall install and maintain in use commonly accepted
methods and devices for preventing failures and accidents that are
likely to cause damage, injuries or nuisances to the public. The cable
operator shall install and maintain its wires, cables, fixtures and
other equipment in accordance with all applicable federal, state and
local laws, rules and regulations, and in such manner so as not to
interfere with any installations of the Township or of a public utility
serving the Township. All structures and all lines, equipment and
connections in, over, under and upon the streets, sidewalks, alleys
and public ways or places in the Township, wherever situated or located,
shall at all times be kept and maintained in a safe, suitable, substantial
condition, and in good order and repair.
K.
Removal of facilities upon subscriber's request. Upon termination
of service to any subscriber, the cable operator shall on request
of the subscriber promptly remove its facilities and equipment from
the premises of such subscriber that are normally considered temporary,
including converter boxes.
L.
Protection of subscriber privacy. The Township may adopt such rules,
regulations or ordinances for the protection of subscriber privacy
as is consistent with federal and state law.
A.
Franchise agreement. The Township Board of Trustees by resolution
may grant a nonexclusive franchise by approving the terms of a franchise
agreement.
B.
Application. A person making application for a nonexclusive franchise
shall provide the following information:
(1)
Name, address and telephone number of the applicant;
(2)
If a corporation, a copy of Articles of Incorporation, bylaws, certificate
of incorporation and/or certificate to transact business in the state,
list of major shareholders, affiliates and corporate officers;
(3)
If a partnership or limited partnership, articles of copartnership,
name, addresses of partners, copy of certificate of partnership;
(4)
If other than a corporation or partnership, the names and addresses
of the owners, a copy of any agreement between the owners, copy of
certification of doing business as filed with the County Clerk;
(5)
A map of the area to be serviced by the cable system and construction
schedule;
(6)
Projected capital costs, revenues and operating expenses;
(7)
Technical performance standards;
(8)
A list of all franchise authorities (including their addresses and
telephone numbers) in which the applicant, or its or their affiliate,
has provided cable service within three years of the date of the application;
(9)
A map of the service area showing the location of all facilities,
equipment and poles to be utilized by the applicant;
(10)
A statement setting forth the applicant's proposal for
public, educational and governmental access;
(11)
A financial statement prepared by a certified public accountant
stating the financial condition and net worth of the applicant; and
(12)
Such other and further information as requested by the Township
Board of Trustees.
C.
Channels, capacity, rates, public, educational or governmental use.
(1)
Each applicant shall attach to the application a proposal setting
forth:
(a)
The video programming and other programming services that shall
be made available to the subscribers within the area to be serviced;
(b)
The rates to be charged for such services;
(c)
The channel capacity to be designated for public, educational
or governmental use;
(d)
The channel capacity on institutional networks to be designated
for educational or governmental use; and
(e)
A statement respecting clarity of reception.
(2)
The Township Board of Trustees may not require, as part of a proposal
for a franchise or renewal, a channel capacity other than as provided
by federal law.
D.
Term of franchise. The term of the franchise shall be specified in the franchise agreement, but in no event shall the period exceed 30 years. The franchise shall commence upon the date in which the cable operator meets the requirements of Subsection D(1) through (3). If the conditions are not met within 30 days from the date of the resolution approving the franchise agreement, the franchise agreement shall be null, void and of no effect.
(1)
Unconditional acceptance. A duly authorized representative of the
owner of the cable system shall ratify the franchise agreement and
file with the Township Clerk its unconditional acceptance of the terms,
provisions and conditions of the franchise as approved by the Board
and agree to comply and abide by all its provisions, terms and conditions.
Such acceptance shall be in writing and sworn to before a notary public
or other office authorized by law to administer oaths.
(2)
Proof of insurance, bond. The cable operator shall file with the
Township Clerk copies of all policies provided for in this Part 1,
which shall be approved by the Township Attorney.
E.
Application fee. The Township Board of Trustees shall establish a
nonrefundable application fee, which fee shall be the actual expenses
incurred by the Township for processing the application, to include
publication and notice requirements and attorney fees. The Board may
require the application fee to be paid prior to the Board's acting
on the resolution to approve the franchise agreement.
F.
Conditions precedent to grant of franchise. No franchise shall be
issued by the Township Board of Trustees to any applicant until:
(1)
Sufficiency of information. The information and documents provided for in Subsection B of this section are determined by the Township Board of Trustees to be complete and in a form and content acceptable to the Board. Nothing provided for in this Part 1 shall be construed to prohibit the Board from requiring further or additional information or documents.
(2)
Complaint procedure. Procedures have been adopted by the applicant
and the Township Board of Trustees for the investigation and resolving
of all complaints regarding the operation of the cable service.
(3)
Business office hours. The applicant shall establish and maintain
a regular business office and a twenty-four-hour, seven-days-a-week
telephone number to receive subscriber complaints.
(4)
Administrator. The Township Board of Trustees may establish a committee
composed of one or more persons to be responsible for the administration
of a franchise granted pursuant to this Part 1. Such administrator
shall supervise and implement the complaint procedure set forth in
the franchise.
(5)
Notice to subscribers. The franchise shall provide that the applicant
shall give notice to subscribers at the time of the initial subscription
of the procedure for reporting and resolving complaints.
(6)
Board determination. The Township Board of Trustees shall make a
finding based on the information and documents submitted by the applicant
that the applicant has the technical, administrative and financial
ability to provide the cable service set forth in the franchise.
G.
Effect on nonservice area. In considering an application or renewal,
the Township Board of Trustees shall consider the effect the proposed
franchise will have on the economic feasibility of providing cable
service to areas within the Township not currently receiving cable
service.
H.
Public meeting. Prior to the Board's acting on any application for a franchise, the Township shall publish in a newspaper having general circulation in the Township the date and place of the Township Board of Trustees meeting in which the application shall be considered by the Board. The notice shall state the area to which the applicant intends to provide cable service, the proposed programming, and rates. The Township Clerk shall send by ordinary mail to the applicant, at the address stated in the application, notice of the time and place of such meeting and such further notices as may be required pursuant to § 32-14. At such hearing the applicant and public shall be provided an opportunity to be heard. The notice and meeting shall be conducted in accordance with the State Open Meeting Act.
A.
Pre-proposal procedure. During the six-month period that begins with
the 36th month before the franchise expiration, the Township may on
its own initiative and shall at the request of the cable operator
commence proceedings that afford the public in the Township appropriate
notice and participation for the purpose of identifying the future
cable-related community needs and interests and reviewing the performance
of the cable operator under the franchise during the then current
franchise term. Upon completion of these proceedings, the cable operator
seeking renewal of the franchise may, on its own initiative or at
the request of the Township, submit a proposal for renewal.
B.
Information required. Subject to § 32-3, any such proposal shall contain such material as the Township may require, including proposals for an upgrade of the cable system. The Township may establish a date by which such proposal shall be submitted.
C.
Post-proposal procedure. Upon submittal by a cable operator of a proposal to the Township for renewal of the franchise, the Township shall provide prompt public notice of such proposal and, during the four-month period that begins on the completion of any proceeding under Subsection A of this section, renew the franchise or issue a preliminary assessment that the franchise should not be renewed and, at the request of the cable operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding in accordance with Subsection D to consider whether:
(1)
Compliance with the franchise. The cable operator has substantially
complied with the material terms of the existing franchise and applicable
law.
(2)
Evaluation of service. The quality of the cable operator'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.
(3)
Capabilities of cable operator. The cable operator has the financial,
legal and technical ability to provide the services, facilities and
equipment as set forth in the cable operator's proposal.
(4)
Township's future needs. The cable operator's proposal
is reasonable to meet the future cable-related community needs and
interests, taking into account the cost of meeting such needs and
interests.
D.
Fair hearing, notice. In any proceeding under Subsection C of this section, the cable operator shall be afforded adequate notice; and the cable operator and the Township, or its designee, shall be afforded a fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceedings under Subsection A), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. At the completion of the proceeding, the Township Board of Trustees shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding and transmit a copy of such decision to the cable operator. Such decision shall state the reasons for the decision.
E.
Deny renewal. Any denial of a proposal for renewal shall be based on one or more adverse findings made with respect to the factors described in Subsection C(1) through (3) of this section, pursuant to the record of the proceedings required in Subsection D. The Township Board of Trustees may not base a denial of renewal on the basis of Subsection C(1) or (2) without first providing the cable operator with notice describing the infraction and providing the cable operator an opportunity to correct the deficiency. The Township is prohibited from denying a request for renewal in any case in which it is documented that the Township has waived its right to object or has effectively acquiesced.
F.
Optional procedure. Notwithstanding the provisions of Subsections A through E of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time; and the Township may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of Subsections A through E of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with Subsections A through E of this section.
G.
Transfer of ownership. If a renewal of a franchise held by a cable
operator is denied and the Township acquires ownership of the cable
system or effects a transfer of ownership of the system to another
person, any such acquisition or transfer shall be at fair market value,
determined on the basis of the cable system valued as a going concern
but with no value allocated to the franchise itself.
H.
Renewal fee. The Township Board of Trustees by resolution shall establish
a charge for processing and/or awarding a renewal pursuant to this
section. The charge shall be paid by the cable operator whose franchise
is being considered for renewal. The Township Board of Trustees may
require the charge to be paid prior to the Board's award or denial
of renewal. The charge established by the Board shall be the lesser
of $15,000 or the reasonable expenses incurred by the Township pursuant
to this section, to include but not limited to expenses for publication,
notice, hearing, attorney and consultant fees.
A.
Transferability. Except with the express approval of the Township Board of Trustees, and as provided in Subsection B of this section, a franchise granted pursuant to this Part 1 is nontransferable by the holder of the franchise to any other person or group of persons acting in concert, none of whom already own or control an interest in the cable operator. Such approval shall not unduly be withheld.
B.
Transfers less than 25% of ownership or control. A franchise issued pursuant to this Part 1 shall not require Township approval when ownership or control of less than 25% of the right of control or ownership in the cable system is acquired by a person or group of persons acting in concert, none of whom already owns or controls 25% of the right of control or ownership, singularly or collectively. Any transfer, singularly or in the aggregate of more than 25% of the right of control or ownership interest, without Township approval, shall be deemed a substantial breach of the franchise agreement and grounds for revocation pursuant to § 32-19. The cable operator shall file annually with the Township Clerk not later than 90 days after the cable operator's fiscal year a complete list of the names of persons having a 25% or greater ownership interest in the cable system.
C.
Procedure. Prior to the Township Board of Trustees' acting upon a
request to transfer control or ownership, the Board shall obtain from
the transferor and transferee such information and documents as are
necessary or beneficial to determine that the transferee has the legal,
technical and financial ability to fulfill the terms of the franchise;
that the transferee has such bonds and insurance as provided for in
this Part 1; that the transferor accounts for all fees due the Township;
and that the interests of the public shall not be adversely affected
by such transfer. The Township Board of Trustees, prior to acting
upon a request to transfer control or ownership, shall provide notice
of such transfer in a newspaper of general circulation in the Township,
stating the date, time and place of a public hearing at which an opportunity
shall be provided for interested persons to address the Board.
D.
Right of first refusal. No franchise shall be transferred unless the holder shall first offer the system, lines, equipment and customer lists to the Township for purchase for 60 days upon such terms, price and conditions as the holder desires to sell. If the Township shall tender to the holder during those 60 days the price on the terms and conditions set forth in the notice of offer, the holder shall sell and convey the assets according to the notice of offer. If the Township shall fail to exercise the option, the holder can sell free of this provision but not for any lesser price or more favorable terms and conditions than those offered to the Township. If a renewal of a franchise held by a cable operator is denied, pursuant to § 32-16, and the Township acquires ownership of the cable system or effects a transfer of ownership of the system to another person, pursuant to this section, any such acquisition or transfer shall be at a fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself.
E.
Receivership; foreclosure; bankruptcy. A franchise granted pursuant
to this Part 1 shall, at the option of the Township, cease and terminate
120 days after the appointment of a receiver or trustee to take over
and conduct bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration
of 120 days.
F.
Transfer fee. The Township Board of Trustees by resolution shall
establish a charge for processing and/or awarding a transfer pursuant
to this section. The charge shall be paid by the cable operator requesting
or causing a transfer pursuant to this section. The Township Board
of Trustees may require the charge to be paid prior to its award or
denial of transfer. The charge established by the Township Board of
Trustees shall be the lesser of $15,000 or the reasonable expenses
incurred by the Township pursuant to this section, to include but
not be limited to expenses for publication, notice, hearing, attorney,
auditor, and consultant fees.
A.
Authorized. During the period of a franchise, the cable operator
may obtain from the Township modifications of requirements in such
franchise.
(1)
Facilities, equipment. In the case of any such requirement for facilities
or equipment, including public, educational or governmental access
facilities or equipment, if the cable operator demonstrates that it
is commercially impracticable for the operator to comply with such
requirement, and the proposal by the cable operator for modification
of such requirement is appropriate because of commercial impracticability.
(2)
Service. In the case of any such requirement for service, if the
cable operator demonstrates that the mix, quality and level of services
required by the franchise at the time it was granted will be maintained
after such modification.
B.
Public proceeding. Any final decision by the Township under this
section shall be made in a public proceeding. Such decision shall
be made within 120 days after receipt of such request by the Township,
unless such one-hundred-twenty-day period is extended by mutual agreement
of the cable operator and the Township.
C.
Modification without Township approval. Notwithstanding Subsection A of this section, a cable operator may, upon 30 days' advance notice to the Township, rearrange, replace or remove a particular cable service required by the franchise if:
(1)
Availability. Such service is no longer available to the cable operator;
or
(2)
Royalty. Such service is available to the cable operator only upon
the payment of a royalty required under USC 801(b)(2), Title 17, which
the cable operator can document is substantially in excess of the
amount of such payment required on the date of the cable operator's
offer to provide such service, and has not been specifically compensated
through a rate increase or other adjustment.
D.
Service exception. Notwithstanding Subsections A and B of this section, a cable operator may take such actions to rearrange a particular service from one service tier to another or otherwise offer the service if the rates for all of the service tiers involved in such actions are not subject to regulation under § 32-21.
E.
Public, educational, governmental access. A cable operator may not
obtain modification under this section of any requirement for services
relating to public, educational or governmental access.
F.
New technologic developments. It shall be the policy of the Township to liberally amend a franchise granted pursuant to this Part 1 upon application of the cable operator or the Township, whenever necessary to enable the cable operator to take advantage of any developments in the field of transmission of television and radio signals that will afford it an opportunity to more effectively, efficiently or economically serve its customers; however, this section shall not be construed to require the Township to make any amendment or to prohibit it from unilaterally changing its policies as stated in this section.
A.
Grounds for revocation. A franchise granted under this Part 1 shall
be subject to the right of the Township by resolution of a majority
of the Township Board of Trustees to revoke the franchise based on
the following:
(1)
Breach of franchise. The cable operator has substantially failed
to comply with the material terms of the existing franchise.
(2)
Violation of law. The cable operator has substantially failed to
comply with applicable law, including but not limited to this Part
1.
(3)
Community needs. The quality of the cable operator'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 not been
reasonable in light of community needs.
(4)
Inability to provide service. The cable operator has demonstrated
the financial, legal or technical inability to provide the services,
facilities or equipment as set forth in the franchise agreement.
(5)
Change in community needs. A substantial change in the needs or interests
of the Township has occurred since the granting of the franchise,
which needs or interests the cable operator, taking into account the
cost of meeting such needs or interests, has the ability to provide
but refuses or neglects to so provide.
B.
Notice to correct. Upon a determination by the Township Board of Trustees that grounds for revocation exist, the Township Clerk shall send notice to the cable operator's business address and, if a corporation, to its resident agent, setting forth one or more of the grounds provided in Subsection A(1) through (5) of this section with sufficient specificity to inform the cable operator of the nature of the grounds such as to provide the cable operator an opportunity to correct such infraction. The Township Board of Trustees shall provide the cable operator a reasonable opportunity to correct such deficiency.
D.
Notice, fair hearing. In any proceeding under this section, the cable operator shall be afforded adequate notice and fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. At the completion of a proceeding under this subsection, the Township shall issue a written decision stating whether the franchise is revoked based upon the record of such proceeding and transmit a copy of such decision to the cable operator. Such decision shall state the reasons for the decision. A revocation shall be based on one or more adverse findings made with respect to the factors described in Subsection A(1) through (5) of this section, pursuant to the record of the proceedings under this subsection.
E.
Conditions of sale. If the franchise is revoked for cause and the
Township acquires ownership of the cable system or effects a transfer
of ownership of the system to another person, any such acquisition
or transfer shall be at an equitable price.
A.
Authorized. Subject to the limitations of Subsection B of this section, any cable operator may be required to pay a franchise fee under the terms of a franchise granted pursuant to this Part 1. The fee received by the Township shall be used for administering this Part 1. Any fee not needed for that purpose may be used for any Township purpose determined by the Township Board of Trustees.
B.
Limitations. For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed 5% of such cable operator's gross revenues derived in such period from the operation of the cable system. For purposes of this subsection, the twelve-month period shall be the twelve-month period applicable under the franchise for accounting purposes. Nothing in this subsection shall prohibit the Township and a cable operator from agreeing that franchise fees that lawfully could be collected for any such twelve-month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount, including the time value of money, which would have lawfully been collected if such fees had been paid per annum. Nothing in this Part 1 shall be construed to limit any authority of the Township to impose a tax, fee or other assessment of any kind on any person (other than a cable operator) with respect to cable service or other communications service provided by such person over a cable system for which charges are assessed to subscribers but not received by the cable operator. For any twelve-month period, the fee paid by such person with respect to any such cable service or other communications service shall not exceed 5% of such person's gross revenue derived in such period from the provision of such service over the cable system.
C.
Pass through to subscribers; increase. A cable operator may pass
through to subscribers the amount of any increase in a franchise fee
unless the Township demonstrates that the rate structure specified
in the franchise reflects all costs of franchise fees and so notifies
the cable operator in writing.
D.
Pass through to subscribers; decrease. A cable operator shall pass
through to the subscribers the amount of any decrease in a franchise
fee.
E.
Court proceedings, burden of proof. In any court proceeding under Subsection C of this section, the Township shall demonstrate that the rate structure reflects all costs of the franchise fee.
F.
Payment of fee, late charges. The payment of the franchise fee or
sums specified in the franchise agreement for public, educational
or governmental access channels shall be paid to the Township or its
authorized designee on or before the 30th day of each month following
the month for which payable ("due date"). Should the cable operator
fail to remit such sum within 10 days from the due date, a late charge
shall be imposed upon the cable operator by the Township. Such late
charge shall be as follows: Following a ten-day grace period, 2% of
the fee due for the first 10 days, 5% for the second 10 days, and
thereafter 10% of the balance due. A failure to make full and timely
payment of the sums due the Township on or after 60 days from the
due date shall constitute a material breach of the franchise agreement.
G.
Payments; not a release or accord and satisfaction. No acceptance
of any payment shall be construed as a release or as an accord and
satisfaction of any claim the Township may have for further or additional
sums payable under a franchise granted pursuant to this Part 1 or
for the performance of any other obligation.
