This chapter shall be known and may be cited as the "West Vincent
Township Cable Television Ordinance."
The following words and phrases, as used in this chapter, shall
have the meanings ascribed to them in this section unless the context
clearly indicates otherwise. Words used in the present tense shall
include the future tense; words used in the plural shall include the
singular; and words used in the singular shall include the plural.
"May" will be interpreted as permissive, and "shall" will be interpreted
as mandatory. Other terms not specifically defined will have the meanings
generally accorded to them in the cable television industry.
ADDITIONAL CABLE SERVICE
Tier, pay channels or pay-for-view events offered by the
company to subscribers for extra charges above the charge for basic
cable service.
AFFILIATE
An entity which owns or controls, is owned or controlled
by, or is under common ownership with a grantee.
ANNIVERSARY DATE
A mutually agreed to calendar date which will serve as that
date on which future basic rates may be adjusted according to an annual
cycle.
BASIC CABLE SERVICE
The tier of service regularly provided to all subscribers
that includes the retransmission of all must-carry broadcast television
signals as defined in rules established by the Federal Communications
Commission (FCC) or, in the absence of at least three must-carry signals,
any unaltered broadcast television signals and the public, educational
and governmental channels, as required by the franchising authority
pursuant to Title VI of the Cable Communications Policy Act.
BASIC SUBSCRIBER REVENUES
All remuneration received directly by the grantee from subscribers
in payment for regularly furnished basic cable service, but shall
not include any taxes on services furnished by the grantee imposed
on any subscriber or user by any government, governmental unit, political
subdivision, agency or instrumentality, and collected by the grantee.
BOARD
The Board of Supervisors of West Vincent Township.
CABLE SERVICE
(i) The one-way transmission to subscribers of video programming
or other programming service; and (ii) subscriber interaction, if
any, which is required for the selection of such video programming
or other programming service.
CABLE TELEVISION SYSTEM (CATV)
A system of antennas, cables, wires, lines, towers, wave
guides, or other conductors, converters, equipment or facilities,
designed and constructed for the purpose of producing, receiving,
transmitting, amplifying and distributing audio, video and other forms
of electronic or electrical signals.
COMPANY
Any cable television company licensed by the Commonwealth
of Pennsylvania to do business in the state and authorized by the
West Vincent Township Board of Supervisors to construct, operate and/or
maintain a cable television system in the Township of West Vincent.
FEDERAL COMMUNICATIONS COMMISSION (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 initial authorization, or renewal thereof, issued by
the Township, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, or otherwise,
which authorizes construction and operation of a cable television
system for the purpose of offering cable service to subscribers.
FRANCHISE AREA
That area within the corporate limits of the Township as
now or hereafter constituted.
FRANCHISE FEE
Any assessment imposed hereunder by the Township on the company
solely because of its status thereas.
GRANTEE
The franchise holder of rights granted by the Township under
this chapter.
GROSS SUBSCRIBER REVENUES
The monthly cable service revenues actually received by the
grantee from subscribers of the cable system. Included are revenues
actually received in payment for HBO, Cinemax, Showtime, Disney, PRISM,
The Movie Channel, and similar pay-channel programming, less any subscription
fees paid by the grantee to grantee's supplier of premium services.
Such phrase shall not include pay-per-view (ppv) revenues or revenues
received from any advertising carried on the cable system, nor shall
such phrase include any taxes on cable service which are imposed directly
or indirectly on any subscriber thereof by any governmental unit or
agency, and which are collected by the grantee on behalf of such governmental
unit or agency.
PAY-PER-VIEW
Special one-time events, made available from time to time,
to only those cable television subscribers who prearrange to pay a
special one-time fee for such individual event.
PERSON
An individual, partnership, association, joint-stock company,
trust corporation, or other legal entity.
PROPERTY OF GRANTEE
All property owned, installed or used by the grantee in the
conduct of a cable television system in the Township.
PUBLIC STREET
The surface of and the space above and below, and within
the right-of-way of any public road, street, highway, bridge, court,
boulevard, lane, public way, drive, circle or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips or rights-of-way, and any temporary or permanent fixtures
or improvements located thereon, now or hereafter held, owned or dedicated
to the Township.
SERVICE TIER
A category of cable service or other services, provided by
grantee, and for which a separate charge is made by grantee.
STATE-OF-THE-ART
The latest in cable television technology which may be practically
applied within the Township.
SUBSCRIBER
A person or user contracting to receive cable television
service and subject to the payment of rates provided for such service.
TELEVISION
A system for transmission and receipt of audio signals and/or
visual images by means of electrical impulses.
THE ACT
The Cable Communications Policy Act of 1984, codified at
47 U.S.C. § 521 et seq.
TOWNSHIP
The Township of West Vincent, also called the "franchising
authority."
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
Upon application duly made, the Township may grant to a designated
grantee by a duly executed franchise agreement the right and privilege
to engage in the business of operating and providing a cable television
system within the Township, and for that purpose to erect, install,
construct, repair, replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any public way, and all extensions
thereof and additions thereto in the franchise area, such poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, pedestals,
amplifiers, and other property as may be necessary or appurtenant
thereto. Any such grant shall be solely for the purpose of transmission
and distribution of audio, digital, and video impulses and television
energy in accordance with the laws and regulations of the United States
of America, of the Commonwealth of Pennsylvania, and of this Township.
The Township may promulgate a form for the making of any such application,
and in the event that such a form is promulgated, then application
shall be made only on such form. Any right granted pursuant to this
chapter shall be conditioned on the faithful performance and observance
of the conditions, regulations, and reservations herein specified
and shall further be conditioned upon the prompt payment of the amounts
provided for herein.
The right of any grantee to the use and occupancy of the public
way shall not be exclusive to the grantee. The Township shall have
the right to grant one or more such franchises during the term hereof,
including the right to use and occupy public streets for cable television
system purposes. The Township shall require a franchise agreement
of any grantee and of any other individual or company engaging in
the cable television business within any portion of the Township.
Further, any grantee shall have the right to adjust current rates
according to evaluation of those rates effected by any other grantee
operating a cable television franchise in the Township. Such adjustments
shall be accomplished through notification filed with the Township
Secretary and shall occur automatically on the date established by
the franchise agreement.
Subject to the requirements of the Act, any franchise granted
hereunder is not intended and shall not be construed as providing
an automatic right of renewal at the end of its terms. If the franchise
has been in compliance with this chapter, the renewal should not be
withheld unreasonably.
From and after the effective date of this chapter, it shall
be unlawful for any person to construct, install or maintain within
any public street or right-of-way in the Township or on any other
public or private property within the Township any equipment or facilities
for the transmission and distribution of audio, digital and video
impulses, including television and radio signals, through a cable
television system unless a franchise authorizing such use has first
been obtained from the Township, and unless and until such franchise
is in full force and effect. Should any person or grantee violate
any of the terms, conditions or provisions of this chapter or of a
franchise agreement, or fail to comply with any lawful provision of
any Township ordinance regulating the use by any person of the public
rights-of-way, or if any grantee should violate any other lawful rule
or regulation applicable to it, whether Township, commonwealth or
federal, and continue to violate the same for a period of 30 days
after notification in writing to desist from such violation, the grantee
may, at the Township's option, be deemed to be in default of
its franchise, and to have forfeited and annulled all of its rights
and privileges granted under this chapter and the franchise agreement,
and such franchise may be terminated by the Township.
No grantee hereunder shall engage in the business of sale or
repair of television receivers owned by its subscribers, nor shall
any grantee be responsible for the operating condition of said receiver.
Any service furnished by a grantee to a subscriber pursuant to this
chapter shall terminate at the point of connection of the grantee's
facilities to the subscriber's receiver.