This chapter shall be known and may be cited as the "Township
of Wilkins Cable Television Ordinance of 1994."
All franchise agreements between the municipality and cable
operators are abrogated to the extent and only to the extent inconsistent
herewith, except to the extent abrogation is not required by the Federal
Cable Television Consumer Protection and Competition Act of 1992 or the regulations promulgated thereunder.
The purpose of this chapter is to regulate cable television
in the exercise of the power of the governing body to:
A. Regulate telephone, telegraph and electric power poles and other
obstructions erected upon or in the streets and roads of the municipality.
B. Provide for the maintenance of peace, good government, safety and
welfare of the municipality and its trade, commerce and manufactures.
This chapter is enacted under the Federal Cable Television Consumer
Protection and Competition Act of 1992, which permits local franchising
authorities to regulate cable television, subject to certain substantive
and procedural limitations.
In interpreting and applying the provisions of this chapter,
these provisions shall be construed broadly as required for the maintenance
of peace, good government, safety and welfare of the municipality
and its trade, commerce and manufactures.
It is the intent of the governing body that this chapter conform
to the federal law. If a court of competent jurisdiction declares
any provisions of this chapter to be in conflict with the federal
law, the federal law will control, and this chapter, to the extent
that any provision is declared to be in conflict with the federal
law, shall not apply.