[1]
Editor's Note: See also Ord. 2008-17, 9/8/2008 in Appendix C, "Franchises and Services," of this Code of Ordinances. A copy of the cable franchise agreement between the Township and Armstrong Utilities, Inc., authorized by Ord. 2008-17 is on file in the Township offices.
[Ord. 1991-3, 12/30/1991, § 1]
For the purpose of this Part, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ADDITIONAL SERVICE
Tier, pay channels, or pay-per-view events offered by the company to subscribers for extra charges above the charge for basic service.
BASIC SERVICE
The programming service provided the company which includes any over the air television signals which the company may carry and is providing to all subscribers for payment of the lowest applicable monthly charge.
COMPANY
Any cable television company licensed by the Commonwealth of Pennsylvania to do business in the Commonwealth and authorized by East Nottingham Township to construct, operate and/or maintain a cable television system in the Township.
FEDERAL COMMUNICATION COMMISSION OR FCC
The federal administrative agency authorized to regulate cable television under the statutes or laws of the United States and any successor agency of the United States lawfully exercising such authority.
FRANCHISE
The right, privilege, and authority granted by this Part to construct, maintain, and operate a cable television over or under the streets in the Township.
FRANCHISE FEE
Includes all monies required to be paid to the Township by the company for the right to operate a cable television system which are allowable by any federal statute or regulation.
GROSS ANNUAL SUBSCRIBER REVENUE
Any and all rents and other compensation received by the company from subscribers in payment and exchange for cable television service furnished.
PUBLIC STREET
The surface of and the space above and below any public street, public right of way or other public place in East Nottingham Township, now or hereafter existing, which the Board may lawfully burden by the franchise hereby granted.
SUBSCRIBER
Any person or entity contracting to receive cable television service and subject to the payment of rates provided for such service.
SYSTEM
Consists of the poles, wires, cables, antennas, and other appliances for the reception, transmission, and distribution of television impulses and energy to be constructed, installed, maintained, repaired, replaced, operated, and removed by any cable television company for the television reception, transmission, and distribution by what is commonly referred to as a community television antenna system in the Township of East Nottingham.
TOWNSHIP
The Township of East Nottingham, Southern Chester County, Pennsylvania.
TOWNSHIP ENGINEER
The Engineer of the Township of East Nottingham.
[Ord. 1991-3, 12/30/1991, § 2]
1. 
There is hereby granted by the Township to the company the right and privilege to construct, install, maintain, repair, replace, operate, and remove in, upon along, across, above, over, and under the streets, lanes, and alleys, bridges and viaducts in the Township as now laid out or dedicated and all extensions thereof, and additions thereto, a community television antenna system consisting of poles, wires, cables, underground conduits, antennas, and other appliances for the reception, transmission, and distribution for a fee or charge to the user of television impulses and energy hereinafter referred to in this Part as the system, by attachment to poles or other structures or through conduits owned or leased by public utilities having the right to permit such attachment or location, subject to the terms of an agreement or agreements between the company and such utilities.
2. 
Nonexclusive Grant. The right and privilege has herein granted for the purposes herein set forth is not exclusive and the Township reserves the right to grant a similar right and privilege to any person, firm or corporation at any time during the term of this grant or any renewal thereof.
[Ord. 1991-3, 12/30/1991, § 3]
1. 
All attachments, installations, construction, maintenance, repair, replacement, operation, or removal of the system or parts thereof made, done, or performed pursuant to the right and privilege herein granted, shall be made, done, or performed in strict conformance with all laws, ordinances, or other regulations of governmental bodies, agencies, authorities, or other regulatory agencies having jurisdiction of the subject matter and particularly with the ordinances of the Township of East Nottingham, and shall be subject to the approval in writing of the Engineer. In order that the Engineer may be accurately advised of the manner and method of proposed attachments, installations, construction, maintenance, repairs, replacements, operations, or removals of the system or any part thereof, the company shall furnish the Engineer drawings, plans, and explanatory addenda in sufficient detail as to make apparent the proposed work to be done at least 20 days before the original attachments, installations or construction is proposed to be made and thereafter if any change in the manner or method of attachment, installation, construction, repair, replacement, or removal is proposed, then drawings, plans, and explanatory addenda in sufficient detail as to make apparent the proposed change, shall be furnished the Engineer at least 10 days before the proposed change.
A. 
The company shall at all times during the continuance of the right and privilege herein granted, be subject to all lawful exercise of the police power by the Township and to such reasonable regulation as the Township shall hereafter by ordinance or resolution provide.
B. 
The company shall investigate all complaints regarding the quality of service, equipment malfunction, and similar matters as expeditiously as possible, which, except in cases of emergency or in the cases outside the control of the company, shall mean within the twenty-four-hour period following the report of the complaint. Resolution of complaints will be accomplished as expeditiously as possible.
[Ord. 1991-3, 12/30/1991, § 4]
In cases where existing poles or other structures, conduits, or other facilities owned or leased by public utilities having the right to permit attachment thereto or location therein or thereon of the system by the company are not available or are impractical for the purpose, the proposed means of attachment, construction, or conduit shall be submitted to the Engineer by drawings, plans, and explanatory addenda including agreements, leases, or other papers granting the right of attachment, construction, or conduit as in the case of original attachments, installations, or construction at least 20 days before such proposed attachment, installation, or construction and shall be subject to approval in writing by the Engineer before commencement of such attachment, installation or construction.
[Ord. 1991-3, 12/30/1991, § 5]
1. 
The company shall save the Township harmless from all loss sustained by the Township on account of any suit, judgment, execution, claim, or demand whatsoever resulting from the construction, installation, maintenance, repair, replacement, operation, or removal of the system by the company. The Township shall notify the company within 10 days after the presentation of any claim or demand either by suit or otherwise made against the Township on account of any suit judgment, execution on, claim, or demand whatsoever arising out of the construction, installation, maintenance, repair, replacement, operation, or removal of the system.
A. 
Public liability and property damage insurance in the minimum amount of $500,000 for injury, damage, or death to one person and in the minimum amount of $500,000 for injury, damage, or death to more than one person arising out of the same occurrence and property damage insurance in the minimum amount of $500,000 for damage to property arising out of one occurrence shall be carried and maintained by the company, the premiums thereon to be paid by the company and certificates of such insurance to be filed with the Secretary of the Township, before construction, installation, maintenance, repair, replacement, operation, or removal of the system or any part thereof shall be made, done, or performed by the company. Such policy or policies shall name the Township as coinsured.
B. 
The company will defend and indemnify the Township of East Nottingham for any expense or cost incurred pursuant to any lawsuits which result in the programming or program content of the cable service.
[Ord. 1991-3, 12/30/1991, § 6]
1. 
Use. The attachment, construction, installation, maintenance, repair, replacement, operation, and removal of the system and all parts thereof by the company within the Township shall be in such manner as to cause minimum interference with the proper use of streets, lanes, alleys, bridges, and viaducts and other public places, and to cause minimum interference with the rights of reasonable convenience of property owners, tenants, or occupants who adjoin any of said streets, lanes, alleys, bridges, and viaducts and other public places.
2. 
Restoration. In the event of any disturbance to the pavement, sidewalk, driveway, or other surfacing for which the Township is responsible, the company at its own cost and expense and in a manner approved by the Engineer, shall replace and restore all paving, sidewalk, driveway, or surface so disturbed in as good condition as before said work was commenced.
3. 
Relocation. In the event that at any time during the existence of this right and privilege in the company, the Township elects to alter or change the grade, alignment, or paved width of any street, lane, alley, bridge, or viaduct or other public way, the company upon notice by the Township and at its own expense, shall remove, relay, and relocate that part of the system within 30 days of the date of the notice or such reasonable extension thereof as may be granted by the Engineer considering the circumstances of the case.
4. 
Placement of Fixtures. The company shall not place the system or any part thereof where the same will interfere with any gas, electric, telephone line or fixture, water hydrant or main, nor in such manner as would interfere with the usual travel on the streets, lanes, alleys, bridges, and viaducts and other public places of the Township.
5. 
Temporary Removal for Moving. The company shall, on the request of any person, firm, or corporation holding a moving permit issued by the Township or other governmental regulatory agency having jurisdiction of the matter by which permit buildings, large pieces of equipment, or structural materials or the like are to be moved from place to place, temporarily raise or lower its system or the portion of the system necessary for so doing, to permit the moving of such buildings, equipment, structural materials, and the like. The expense of such temporary raising or lowering of the system or any part thereof shall be paid by the person, firm, or corporation requesting the same. The company shall be given not less than 48 hours advance to arrange for such temporary changes.
6. 
The Township shall have the right to inspect all work of attachment, installation, construction, maintenance, repair, replacement, operation, or removal of the system or any part thereof to insure compliance with this Part and with other ordinances of the Township of East Nottingham and all governmental regulations, which inspection on the part of the Township of East Nottingham shall be carried out by the Engineer.
[Ord. 1991-3, 12/30/1991, § 7]
The company shall maintain and operate the system and render efficient service to the user of the service, replacing obsolescent parts thereof with such improvements as are in customary use, and in the event that it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments, or installations, the company shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. The company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, firm, or corporation using or seeking to use the system, not subject any person to any prejudice or disadvantages; provided, that nothing in this section shall be deemed to prohibit the establishment of a graduated scale of charges and classification rate schedules to which any customer coming within such classification would be entitled, nor shall this provision of this Part be construed to prohibit the company from granting to religious or educational institutions the use of this system gratis or at a reduced rate. The rates charged by the company for service rendered to users shall be fair and reasonable and designed to meet all necessary costs of the service including a fair rate of return to the company under efficient and economical management.
[Ord. 1991-3, 12/30/1991, § 8]
The right and privilege herein granted shall take effect and be in force form and after the final passage of this Part which shall become effective immediately passage and shall continue in force and effect for a period of 15 years from the effective date of this Part. Upon expiration of the term, the company shall have the right of application for continuance or renewal by application. The Township shall not unreasonably withhold renewal, provided the company has complied with all the conditions of this Part during the term thereof but subject, however, to such additional terms and conditions or changes in the same as the Supervisors shall at that time require.
[Ord. 1991-3, 12/30/1991, § 9]
In the event that the company shall violate any of the terms or provisions of this Part or in the event of the failure on the part of the company promptly to perform any of the provisions of this Part, such shall be caused for forfeiture of the right and privilege granted to the company by this Part and all rights, hereunder, provided, however, that the Township shall first give written notice to the company of such alleged violation or failure on the part of the company and the continuation by the company of such violation, failure of default for a period of 10 days.
[Ord. 1991-3, 12/30/1991, § 10]
1. 
The company shall not sell, assign, transfer, or sublet the system or any part thereof to any person, firm, or corporation, nor transfer any rights acquired by it under this Part to any person, firm, or corporation without approval in writing by the Supervisors of the Township and no such sale or transfer when, as and if approved by the Township shall be effective until the vendee, assignee or lessee has filed in the Office of the Secretary of the Township, an instrument in writing duly executed reciting the fact of such sale, assignment, or lease, accepting the terms of the right or privilege granted by this Part and agreeing to perform all of the conditions thereof, including, but not limited to, the actual furnishing of such policies of insurance, letters of credit, and other plans, drawings, and explanatory addenda as may be this Part by required.
2. 
In the event that the majority shares of the company should be sold or transferred to new owners, this sale or transfer must be approved by the East Nottingham Township Supervisors, and such approval shall not be unreasonably withheld.
[Ord. 1991-3, 12/30/1991, § 12]
Any subsequent changes by the Federal Communications Commission in its rule and regulations relating to provisions in local cable antenna system ordinances shall be incorporated into this Part within one year of the modification, or at the time of the ordinance renewal, whichever comes first.
[Ord. 1991-3, 12/30/1991, § 13]
This Part shall bind and insure to the benefit of the Township and the company and their respective successors and assigns; provided, however, that without the written consent of the Township which consent shall not be unreasonably withheld or delayed, the company shall not assign the right, license, or privilege herein granted to any person, firm, or corporation other than a person, firm, or corporation affiliated with it. The terms and provisions of this Part may not be amended or modified, by ordinance or otherwise, except as agreed upon in writing by both parties hereto.