[Amended 11-16-1982 by Ord. No. 1982-12; 11-6-1984 by Ord. No. 1984-7]
As used in this ordinance, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Montgomery in its present incorporated form
or as it may be changed by annexation.
CABLE COMMUNICATIONS SYSTEMS OR SYSTEM
Any system which receives and amplifies signals broadcast
by one or more television and/or radio stations and which transmits
programming originated by the system itself or by another party, and
distributes such signals and programming by wire, cable, microwave,
satellite, or other means to persons who subscribe to such services.
CABLECASTING
Programming carried on a cable system, exclusive of broadcasting
signals, whether originated by the cable operator or any other party.
COUNCIL
The Borough Council of the Borough of Montgomery, Lycoming
County, Pennsylvania, the local legislative body.
GRANTEE
Tele-Communications, Inc., 16 West Houston Avenue, Montgomery,
Pa., and its lawful successors and assigns.
SUBSCRIBER
A recipient of cable television service.
This ordinance is for the present territorial limits of the
Borough of Montgomery and for any area henceforth added thereto during
the term of this franchise. Cable service shall be made available to the entire franchise
area.
[Amended 11-16-1982 by Ord. No. 1982-12; 8-12-1997 by Ord. No. 1997-4]
A. The duration of the rights, privileges and authorization hereby granted
shall be three years effective July 6, 1997, and to expire midnight,
July 6, 2000.
B. This franchise may be renewed or extended by the franchising authority,
upon application of the grantee, in accordance with the then existing
rules of the FCC and applicable law. Renewal or extension of the franchise
shall be considered in a full public proceeding affording due process,
during which the performance of the grantee, and the adequacy of the
franchise ordinance will be reviewed. Nothing in this provision shall
be construed to require such renewal or extension.
[Amended 11-16-1982 by Ord. No. 1982-12]
No transfer of control of the Cable Communications System shall
take place, whether by forced or voluntary sale, lease, mortgage,
assignment, encumbrance or any other form of disposition without prior
notice to and approval by the Borough Council. Such approval shall
not be withheld unreasonably. Notwithstanding the foregoing, the Borough
Council hereby authorizes Franchisee to cease to do business as a
limited partnership and to incorporate or to assign, alienate or transfer
its rights hereunder or to permit its ownership interests or stock,
as the case may be, to be assigned, alienated or transferred to Tele-Media
Corporation or any of Tele-Media Corporation's subsidiaries or
affiliates or to any other entity, provided that Tele-Media Corporation
maintains control over the entity and over the day-to-day operations
of the Cable Communications System. For the purposes of this section,
the term "control" is not limited to majority stock ownership, but
includes actual working control in whatever manner exercised. In addition,
the Borough hereby agrees that no such approval shall be required
for a transfer in trust, mortgage or other hypothecation as a whole
of the rights of franchisee under Ordinances No. 1978-2 and 1982-9
to secure indebtedness incurred in connection with any financing of
the operations of the Cable Communications System. The Borough shall
receive prompt written notice of the occurrence of the above by the
franchisee.
[Amended 9-2-1982 by Ord.
No. 1982-9; 11-16-1982 by Ord. No. 1982-12]
A. Rates. The minimum rates which may be charged by the grantee to subscribers
shall be as follows:
(1) Basic services: residential, commercial, and multifamily units, $50,
installation, plus $7 per month.
(2) Additional outlets: $10 installation plus a dollar and a $1.25 per
month. This monthly rate shall not take effect until October 6, 1983,
or the date on which the franchisee shall comply with Subparagraph
4.
(3) The aforestated monthly service rate of $7 shall be effective on
October 6, 1982, or thereafter as the franchisee deems advisable.
(4) The aforesaid basic monthly service rate of $7 may be increased at
the discretion of the franchisee to $8 per month upon the following
conditions:
(a)
Said rate increase of $8 per month shall not take effect before
October 6,1983.
(b)
Franchisee shall provide a general improvement and upgrading
of the television cable system with respect to quality of reception.
And, in addition, franchisee agrees to provide or make available a
minimum of eight additional channels and to provide a variety of pay
channels, including Home Box Office or similar channel, prior to October
6, 1983.
(5) In all other respects, the provisions of Section 6 of Ordinance 1978-2
shall remain in full force and effect.
B. Franchise fee. For the use of the streets, rights-of-way and other
facilities of the Borough of Montgomery for the operation of the cable
television system, and for the supervision thereof by the Borough
of Montgomery, the franchisee shall pay to the Borough of Montgomery
an amount equal to 3% of the franchisee's gross revenues from
the operations of the franchisee in the Borough of Montgomery.
The communications system permitted to be installed and operated
hereunder shall:
A. Be operated in conformance with the FCC's technical standards,
47 CFR 76.601 et seq.
B. Carry on the system all allowable broadcast signals pursuant to the
FCC's signal carriage rules.
It shall be expressly understood and agreed by and between the
Borough and any grantee hereunder that the grantee shall save the
Borough and its agents and employees harmless from and against all
claims, damages, losses, and expenses, including attorneys' fees
sustained by the Borough on account of any suit, judgment, execution,
claim or demand whatsoever arising out of, but not limited to, copyright
infringements and all other damages arising out of the installation,
operation or maintenance of the cable system authorized herein, whether
or not any act or omission complained of is authorized, allowed or
prohibited by this ordinance and any franchise granted hereunder.
Grantee shall not, as to rates, charges, service, service facilities,
rules, regulations, employment, or in any other respect, make or grant
any undue preference or advantage to any party, nor subject any party
to any prejudice or disadvantage.
In the acceptance of the franchise, grantee specifically grants and agrees that its application is thereby incorporated by reference and made a part of this ordinance. In the event of a conflict between proposed services listed in said application and the provisions of this ordinance, that provision which provides the greatest benefit to the Borough, in the opinion of the Borough Council, shall prevail. Failure to provide services as promised in grantee's application as incorporated herein shall be deemed a breach of this ordinance to which the provisions of §
A504-12 of this ordinance shall apply.
If any section, clause or phrase of this ordinance is held unconstitutional,
or otherwise invalid, such infirmity shall not affect the validity
of the ordinance, and any portions in conflict are hereby repealed.
Provided, however, that in the event that the Federal Communications
Commission declares any section invalid, then such section or sections
shall be renegotiated by the Borough and the grantee.