[Ord. 1979-5, 10/1/1979, § 1]
Any person, firm, corporation or other entity desiring to construct,
operate and maintain in, upon, across, above, over and under the streets,
alleys, public ways and places now laid out or dedicated and all extensions
thereof any cable television system for the inception, sale and distribution
of television and radio signals in the Borough of Watsontown, shall
first obtain a license to do so from the Borough of Watsontown. Any
current provider of CATV service shall be given 30 days following
final adoption of this Part 1 in which to apply for a license and
otherwise fully comply with the terms and conditions of this Part
1.
[Ord. 1979-5, 10/1/1979, § 2]
The Borough Council of the Borough of Watsontown shall have
exclusive authority to issue any license to construct, operate and
maintain a cable television system within the Borough of Watsontown
as required under this Part 1.
[Ord. 1979-5, 10/1/1979, § 3]
Any license issued under this Part 1 by the Watsontown Borough
Council shall be valid only for a period of one year from the date
of issuance. Upon application by the holder of any such permit not
later than 60 days before the expiration date of said license nor
earlier than 90 days before the expiration thereof, the Watsontown
Borough Council may renew said license for additional one-year periods.
[Ord. 1979-5, 10/1/1979, § 4]
The holder of any license issued pursuant to this Part 1 shall
at all times during the duration of the license be subject to all
the requirements of this Part 1 and be subject to all lawful exercise
of the police power by the Borough of Watsontown and to such other
reasonable regulations of equal application as the Borough shall hereafter
lawfully provide.
[Ord. 1979-5, 10/1/1979, § 6]
For the use of the streets and other facilities of the Borough
in the operation of a cable television system and for the municipal
supervision thereof, the holder
of any license issued pursuant to this Part 1 shall semiannually (by
January 31 and July 31) pay to the Borough of Watsontown an amount
equal to 3% of the gross subscriber revenues paid to the holder of
said license by subscribers located within the Borough of Watsontown
or the maximum amount allowed by the Federal Communication Commission
during each six-month period ending December 31 and June 30 or other
such rates as may be legal under appropriate federal, state or local
statutes or regulations as the Council may set by resolution.
[Ord. 1979-5, 10/1/1979, § 7]
1.
The holder of any license issued pursuant to this Part 1 who desires
to make an attachment to any pole or poles of the Borough of Watsontown
shall first make application and receive a permit therefor and be
subject to the following regulations and responsible for the expenses
therein.
A.
The license
holder shall, at its own expense, make and maintain said attachments
in safe condition and in thorough repair, and in a manner suitable
to the Borough and so as will not conflict with the use of said poles
by the Borough, or by other utility companies using said poles, or
interfere with the working use of facilities thereon or which may
from time to time be placed thereon. The license holder shall at any
time, at its own expense, upon notice from the Borough, relocate,
replace or renew its facilities place on said poles and transfer them
to substituted poles or perform any other work in connection with
said facilities that may be required by the Borough; provided; however,
that in cases of emergency, the Borough may arrange to relocate, replace
or renew the facilities placed on said poles by the license holder,
transfer them to substituted poles or perform any other work in connection
with said facilities that may be required in the maintenance, replacement,
removal, or relocation of said poles, the facilities thereon or which
may be replaced thereon, or for the service needs of the Borough and
the license holder shall, on demand, reimburse the Borough for the
expense thereby incurred.
B.
The license
holder's cables, wires and appliances, in each and every location
shall be erected and maintained in accordance with the requirements
and specifications of the current National Electrical Safety Code,
and, further, in accordance with all requirements and specifications
of uniform application now or hereafter reasonably established by
the Electric Light Department of the Borough of Watsontown.
C.
In the
event that any pole and poles of the Borough to which the license
holder desires to make attachments are inadequate to support the additional
facilities in accordance with any aforesaid specifications, the license
holder agrees to reimburse the Borough for the entire cost and expense
of replacing such inadequate poles with suitable poles, including
the increased cost of larger poles, sacrificed life value of poles
removed, less any salvage recovery and the expense of transferring
the Borough's facilities from the old to the new poles. Or where the
license holder's attachments can be accommodated on the present poles
of the Borough for the full expense incurred in completing such rearrangements.
Upon application for a permit under this section, the Borough will
inform the license holder of the changes and rearrangements necessary
to accommodate the proposed attachments and the estimated cost thereof.
If the license holder still desires to make the attachments, it shall
so indicate by tendering a deposit to the Borough in the amount of
the estimated cost and expense. The Borough will replace the inadequate
poles and make other required rearrangements and changes and upon
completion thereof will present to the license holder a statement
of the actual costs and expenses, crediting against the amount thereof
the amount of the license holders according to said statement and
the Borough shall refund to the license holder any amount deposited
in excess of said statement. The license holder will also on demand
reimburse the owner or owners of other facilities attached to said
poles for any expense incurred by it or them in transferring or rearranging
said facilities. Any strengthening of poles (guying) required to accommodate
the attachments of the license holder shall be provided by and at
the expense of the license holder and to the satisfaction of the Borough.
Should the Borough, at any time, require for its own service needs
the space occupied by the license holder's attachments on poles which
had not been replaced at the license holder's expenses, the Borough
shall give notice to the license holder, and the license holder shall
either vacate the space by removing its attachments or shall authorize
the Borough to replace the poles at the expense of the license holder,
in the same manner as is provided above in this subsection, when poles
are replaced to accommodate the license holder's initial attachments.
D.
The Borough
reserves to itself, its successors and assigns, the right to maintain
its poles and to operate its facilities thereon in such manner as
will best enable it to fulfill its own service requirements, but not
inconsistent with any specifications hereinbefore referred to. The
Borough shall not be liable to the license holder for any interruption
to service of the license holder or for interference with the operation
of the cables, wires and appliances of the license holder arising
in any manner out of the use of the Borough's poles hereunder.
E.
The license
holder shall secure any necessary consent from state or municipal
authorities or from the owners of property to construct and maintain
facilities at the location of poles of the Borough which it desires
to use.
F.
The Borough,
because of the importance of its service, reserves the right to inspect
each new installation of any license holder on the Borough's poles
and in the vicinity of its lines or appliances and to make periodic
inspections, semiannually or more often as plant conditions may warrant,
of the entire plant of any license holder; and the license holder
shall, on demand, reimburse prevailing rate as set by the Borough
Council. Such inspection, whether or not made, shall not operate to
relieve any license holder of any responsibility, obligation or liability.
G.
Any license
holder shall exercise special precautions to avoid damage to facilities
of the Borough and others supported on the Borough's poles; and hereby
assumes all responsibility for any and all loss for such damage. A
license holder shall make an immediate report to the Borough of the
occurrence of any damage and shall reimburse the Borough for the expense
incurred in making repairs.
H.
Any license
holder making attachments to the Borough poles under this Part 1 shall
pay to the Borough a rental at the then-prevailing rate per pole per
year as the Borough Council may from time to time set. Where said
pole is jointly owned and/or used, the rental shall be 1/2 the then-prevailing
rate. Said rental shall be payable semiannually in advance on the
first day of January and the first day of July of each year. Semiannual
rental payments shall be based upon the number of poles for which
permits are in effect on the first day of December and the first day
of June respectively. The first payment of rental hereunder shall
include such prorated amount as may be due for use of any poles from
the effective date of any permits issued prior to the above-stated
payment dates.
[Ord. 1979-5, 10/1/1979, § 8]
Any license holder under this Part 1 shall hold the Borough
harmless from all claims for damages arising out of the construction,
maintenance or operation of any cable television system or other apparatus
under the control of any license holder.
[Ord. 1979-5, 10/1/1979, § 9]
Any license holder shall provide all its subscribers in the
Borough of Watsontown with a quality signal for each channel. Also,
any license holder shall render efficient service, make repairs promptly,
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use of the system.
Upon receipt of a complaint regarding the quality of service, equipment
malfunctions, and similar matters, the license holder shall investigate
such complaints within 24 hours of their receipt. Resolution of such
complaints shall be made promptly. For the purpose of investigation
and resolutions of regular service complaints, license holders shall
maintain a toll-free business telephone for the receipt of complaints
and requests for repairs or adjustments, said number to be listed
in the Watsontown phone directory. License holders shall also have
a repairman on call from 8:30 a.m. to 11:30 p.m., each day, seven
days a week.
[Ord. 1979-5, 10/1/1979, § 10]
1.
The Borough of Watsontown shall have the right to rescind or revoke
the rights herein granted upon any substantial violation by a license
holder of any of the obligations and requirements contained herein
after written notice by the Borough to the license holder and continuation
for such violation, failure or default.
A.
Such
written notice to the license holder shall specify precisely the manner
in which the license holder is in violation, failure or default with
respect to the license.
B.
The Borough
shall give the license holder 15 days within which to correct the
violation, failure or default.
C.
Any violation
of the provisions of this Part 1, in additional to any other penalties
provided in this Part 1, shall result in the Borough of Watsontown
having the right to assess against and collect for license a penalty
of $100 per day.
[Ord. 1979-5, 10/1/1979, § 11]
The performance by any license holder hereunder is subject to
limitations, restrictions, or requirements now existing or which may
henceforth be imposed by law, rules or order of the Federal Communication
Commission or any other government, board, commission, or authority
of any kind. Any license holder shall not be deemed in breach of any
of the requirements of this Part 1 to the extent it performs in accordance
with or refrains from doing anything prohibited by such law, rule
or order.
