[Res. 2-1997, 1/20/1997, § 1]
North Lebanon Township does hereby grant unto Lebanon Valley
Cable TV (t/a Time Warner Entertainment Co., L.P.), a cable TV franchise
to operate cable television within the Township of North Lebanon under
all applicable Township ordinances, this Part 1B, rules and regulations
adopted by this Township, and state and federal statutes and regulations.
[Res. 2-1997, 1/20/1997, § 2]
1. The granting of this franchise shall be for the term of 10 years
from January 1, 1997, unless terminated previously by any of the following:
A. Mutual termination by the Township and the franchisee.
B. Termination of the cable TV operation of the franchisee.
C. Termination by the Township under the applicable provisions of law.
[Res. 2-1997, 1/20/1997, § 3; as amended by Res.
8-1997, 2/3/1997]
1. The herein named franchisee shall pay to North Lebanon Township an
annual franchise fee of 3% of all gross receipts of the franchisee's
business operation within the Township of North Lebanon, with the
exception of those revenues exempted by the Township by separate resolution.
The franchise fee shall become effective with the billing of Lebanon
Valley Cable TV in January of 1997, and the fees shall be paid to
North Lebanon Township quarterly on April 1, July 1, October 1 and
December 15 of each year. The franchise fee may be changed during
the term of this franchise provided that:
A. The Township shall give 90 days' prior written notice to the franchisee
of any changes in the franchise fee.
B. The franchise fee shall not exceed the amount permitted by law.
2. For the purpose of determining the cable franchise fee due to the
Township, "gross receipts" shall not include any income received by
grantee directly or indirectly from telecommunications services provided
to business and institutional subscribers, advertisement, a supplier
of programming, sale of merchandise through any cable service distributed
over the cable system, taxes imposed by law on subscribers which grantee
is obligated to collect, investment income earned by grantee and telecommunication
services for which federal law or regulations do not explicitly allow
a franchise fee to be assessed against and collected from subscribers
by the grantee and which are not authorized by local ordinance or
resolution. This exemption may be terminated by:
A. The Township giving the franchisee 60 days' written notice of the
termination.
B. The Township passing a resolution terminating the exemption.
[Res. 2-1997, 1/20/1997, § 4]
The herein named franchisee shall not be permitted to sell or
assign the franchise granted herein without approval of North Lebanon
Township.