[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 6-15-2009 by Ord. No.
2009-03;[1] amended in its entirety 9-16-2019 by Ord. No. 2019-1.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
73, Cable Television, Art. I, Regulation of Rates, adopted 1-24-1994
by Ord. No. 94-1, as amended. As a result, former Ch. A203, Cable
Television Franchise, was removed from the Code.
Pursuant to Title VI of the Communications Act and any future
amendments thereto (hereinafter collectively referred to as the "Cable
Act"), the regulations of the Federal Communications Commission (hereinafter
referred to as the "FCC") and Pennsylvania Law, the Township of Union
renews its franchise with Service Electric Cablevision, Inc., to construct,
operate, maintain and upgrade a cable system utilizing public rights-of-way
and private easement properties within the Township's jurisdiction.
The Township shall regulate, protect and manage the aforesaid
public rights-of-way, require high standards of customer service,
ensure future technical improvements to maintain a state-of-the-art
cable system, obtain certain complimentary services for community
facilities, establish certain reporting requirements, reserve the
right for an educational and governmental channel, receive financial
compensation for Service Electric's lease of the Township's
rights-of-way, and provide for the current and future cable related
needs of all its residents as more fully set forth in the 2019 Cable
Franchise Agreement between the Township and Service Electric Cablevision,
Inc.
The Board of Supervisors of the Township of Union approves,
adopts and authorizes the execution of the nonexclusive Cable Franchise
Agreement of 2019, between the Township of Union and Service Electric
Cablevision, Inc., renewing the Franchise of Service Electric for
the time period of 10 years, subject to all of the terms and conditions
contained in the Franchise Agreement of 2019, a copy of which is attached
hereto as Exhibit A, and incorporated into the Code of Union Township
by reference, with a complete copy of said Cable Franchise Agreement
being at all times available at the offices of the Township.
It is the intention of the governing body that this article
and the past and future actions of the governing body in connection
with the regulation of certain cable television rates and services
be, at all times, consistent with the Cable TV Act.
This article shall in no way be interpreted as relieving any
cable operator of any additional duties or responsibilities imposed
by federal, state or local law. Instead, this article shall be deemed
to be supplemental to and coexistent with applicable federal, state
or local laws and regulations.
When the governing body acts, in a good faith attempt to implement
this article and the Cable TV Act, the Township, the governing body
and its individual members shall enjoy such immunity from civil and
criminal liability as may be provided by the Cable TV Act or by federal,
state or local law.
