[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.
[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.
[Ord. 1991-3, 12/30/1991, § 14]
Any company doing business in East Nottingham
Township in accordance with this Part shall enter into an agreement
approved by the Board of Supervisors and Solicitor of the Township.
