[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.
[1]
Editor's Note: The current Fee Schedule is included at the front of this Code.
[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.