[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 2-5-1990 by Ord.
No. 48. Amendments noted where applicable.]
A.
When not
inconsistent with the context, words used in the present tense include
the future tense, words in the plural number include the singular
number, and the words in the singular number include the plural number:
B.
BROADCAST SIGNAL
CABLE SUBSCRIBER or SUBSCRIBER
CABLE TELEVISION SYSTEM or SYSTEM
(1)
(2)
(3)
(4)
CHIEF ADMINISTRATIVE OFFICER
CONVERTER
FRANCHISE
FRANCHISE AREA
GRANTEE or FRANCHISEE
GROSS RECEIPTS
PROPERTY OF GRANTEE
PUBLIC INTEREST
(1)
(2)
(3)
PUBLIC WAY
RESIDENT
STATE
SUPERVISORS
TOWNSHIP
The following
terms, as used in this chapter, shall have the meanings indicated:
A television or radio signal that is transmitted over the
air to a wide geographic audience and is carried by a cable television
system off the air, by microwave or satellite link, or other means.
Any person, whether individual, business entity or institution,
who pays either monthly, yearly or special event service charges and
who lawfully receives any of the basic cable, pay cable, pay-per-view
or their services lawfully provided by the cable television system,
grantee, regardless of whether such person occupies single-family
or multiple-unit dwellings, hotels, or motels, or carries on business
or other affairs in business establishments or institutional premises.
An electronic communications system using antennas, coaxial
or light fiber cables, wires, microwave facilities or receivers, transmitters,
towers, waveguides, satellite communications devices and other electronic
means or devices designed and constructed for the purpose of providing
"cable service(s)," described as follows:
BASIC CABLE SERVICE(S)Certain local or distant broadcast television or radio signals, locally originated cable programming, satellite-distributed video or aural signals, regardless of source, channel position or tier of service, received by cable subscribers who pay only the monthly fee or charge for such basic cable service;
PAY CABLE SERVICE(S)Programming of any nature which is not available to cable subscribers except upon payment of an additional monthly fee or fees, regardless of source, position or tier of service;
PAY-PER-SERVICE(S)Programming which cannot be received by cable subscribers without payment of a specific charge for occasional delivery of special programming events, regardless of whether special receipt devices are required;
Any other kinds of signals or programming permitted by law or
contract, regardless of source or nature, distribution method or method
of delivery to cable subscribers or engaging in any other business
or activity which employs the system and which is allowed by law.
The Township Secretary, Assistant Secretary or other designation
as made by the Township Supervisors.
An electronic device used in the operation of the system,
either sold to subscribers or placed by the grantee in dwellings,
hotels, motels, business establishments or institutional premises,
which converts electronic signals from one radio frequency to another.
The authorization granted hereunder in terms of a franchise,
right, privilege, permit, license or otherwise, which evidences the
Township's assent to the grantee's construction operating and maintaining
a cable television system within the Township. Any such authorization,
in whatever form granted, shall not mean and include any license or
permit required for the privilege of transacting and carrying on a
business within a Township as required by other ordinances and laws
of this Township.
The entire geographic area within the present boundaries
of the area under jurisdiction of the Township Supervisors, as designated
by the Township Supervisors; however, in the event that the franchise
or cable television company shall be unwilling or unable to provide
said services to any specific area or areas within the franchise area,
as designated by the Township Supervisors, then upon that event, after,
appropriate notice to said cable television company, the Supervisors
may permit another company to service said area if said additional
company is able to come to terms with the company licensed and/or
given permission to operate under this chapter. In the event that
said companies are unable to amicably resolve said dispute, then and
in that event, the Township Board of Supervisors shall have the right
to arbitrate said dispute and the decision of the Board of Supervisors
shall be final and not subject to appeal or objection. In the event
that the Board of Supervisors should decline to arbitrate said dispute,
then either company or entity shall have the right to submit the same
to binding arbitration or pursue any other remedy available at law
or in equity wherein it is expressly agreed and understood that neither
the Township nor the Township Board of Supervisors shall be a party
to said proceeding; however, the Township shall have the right to
participate if it shall so elect.
The person, firm or corporation granted a franchise by the
Supervisors under this chapter, or the lawful successor, transferee
or assignee of said person, firm or corporation.
All monthly service fees actually collected from cable subscribers
within a fiscal year by the cable television system for providing
basic cable and pay cable television system and services to cable
subscribers in the service or franchise area.
All real, personal, tangible or intangible property owned,
installed or used within the Township by the grantee in the conduct
of a cable television system business under the authority of the franchise
granted pursuant to this chapter.
That standard which shall be applied by the Township and
Supervisors in considering renewal applications, and termination or
extension issues; namely whether the grantee:
Is and has been in substantial compliance with the material
terms of the franchise and with applicable valid laws and regulations;
and
Remains legally, technically and financially qualified to operate
the cable television system; and
Is providing reasonable service to the franchise area in light
of the economic and technical constraints bearing on the grantee and
reasonable needs of the residents of the franchise area.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle or other public
right-of-way, including public utility easements, dedicated utility
strips or rights-of-way, and any temporary or permanent fixtures or
improvements located thereon, now or hereafter held by the Township
in the franchise area which shall entitle the Township and the grantee
to the use thereof for the purpose of installing, operating, repairing
and maintaining the television system. Said word shall also mean any
easement now or thereafter held by the Township within the franchise
area for the purpose of public travel, or for utility or public service
use, and shall be now held or hereafter held by the Township within
the franchise area, which shall within their proper use and meaning
entitle the Township and the grantee to the use thereof for the purposes
of installing or transmitting grantee's cable services over poles,
wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
compliances, attachments and other property as may be ordinarily necessary
and pertinent to the cable television system.
Any person residing in the franchise area as defined herein.
The Commonwealth of Pennsylvania.
The present governing body of the Township or any future
board constituting the legislative body of the Township.
The Township of Nottingham in its present incorporated form
or in any later reorganized, consolidated, enlarged or reincorporated
form.
A.
There is hereby granted by the Township to a grantee the nonexclusive
franchise to engage in the business of operating a cable television
system in the franchise area, and for the purpose to erect, install,
construct, repair, replace, reconstruct, maintain and regain in, on,
over, under, upon, across and along any public way and all extensions
thereof and additions thereto in the franchise area, such poles, wire,
cable, conductors, ducts, conduit, vaults, manholes, pedestals, amplifiers,
appliances, attachments, and other property as may be necessary and
appurtenant to the cable television system; and in addition, so to
use, operate, and provide similar facilities or properties rented
or leased from other persons, including but not limited to any public
utility or similar entity permitted to do business in the franchise
area. Grantee shall be required to pay no fees or charges, other than
the franchise payment, stated hereinafter, to any person or entity
for the use of public ways within the franchise area. No cable television
system shall be allowed to occupy or use the public ways of the franchise
area or be allowed to operate without a cable television franchise.
The grantee shall at all times during the term of this franchise be
subject to all lawful exercise of the general police power by the
Township.
B.
In the event the Township enters into a franchise, permit, license,
or other agreement of any kind with any other person or entity other
than an existing franchise area, which contains terms more favorable
to such person or entity, than was originally given, this chapter
shall be deemed amended as of the effective date of the other franchise,
permit, license or other agreement, so as to give the original grantee
the benefit of any such more favorable terms.
The franchise granted by the Supervisors under this chapter shall be for an initial 10 years from the date set forth hereinafter, provided that the initial term may be extended pursuant to the terms and conditions contained in § 138-13 and as otherwise proscribed herein.
A.
Obligations of grantee.
(1)
The grantee shall render service as required hereunder and shall
respond to complaints and make repairs as necessary. Grantee shall
assure the continuity of cable service to all cable subscribers who
are current in their payments for service, and in no event shall grantee
turn-off the system except as permitted by the terms herein.
(2)
The cable television system shall be operated and maintained by grantee
at all times in substantial compliance with all applicable filing,
reporting or requirements of the Federal Communications Commission
or other government agencies regulating cable television generally.
(3)
The grantee's obligation to provide, repair, replace, construct,
maintain or operate cable television service shall be excused for
any period during which such service is prevented or interrupted for
any cause beyond grantee's control, including, without limitation,
acts of God, fire, flood, earthquakes, hurricane, unavoidable casualty,
extraordinary delays in transportation, strikes, lockouts, picketing,
boycotts, embargoes, government orders or other requirements, acts
of civil or military authorities, governmental restrictions, energy
shortages, regulations or controls, war-related shortages, alien invasions,
acts or omissions of carriers, or activities or other emergency conditions,
including weather conditions incompatible with good quality workmanship
or operations.
(4)
The grantee shall make available to any cable subscriber so requesting
a parental guidance or lockout device which shall permit the subscriber,
at his or her option, to prohibit a particular cable service during
periods selected by that subscriber. The grantee shall advise all
cable subscribers regarding the availability of this device and a
charge for any such device may be imposed.
(5)
If not prohibited by law or regulation, at the request of the Township
Supervisors, the grantee-company-franchisee shall provide a list of
all of the names and addresses of existing subscribers within Township
as of the date of said request and upon failure to do so, the grantee-company-franchisee
shall forfeit the bond referred to under this chapter and, said requirement
shall be a condition pertaining to said bond. Furthermore, failure
to provide the same shall be considered a violation of this chapter
wherein said violation shall be grounds for revocation of permit or
franchise. In the event that said information may not be revealed
pursuant to law or regulation, then if otherwise permitted thereby,
the grantee-company-franchisee shall so advise the Supervisors at
the time of said request but shall provide such information as otherwise
may be available and/or revealable pursuant to law or regulation,
such as but not limited to the number of subscribers, the number of
homes, the number of parties receiving services, and the amount of
connections or hookups.
B.
Obligation of Township.
(1)
It being in the interest for the grantee to maintain a good relationship
with the residents of the Township, the Township shall assist and
cooperate with the grantee in maintaining such a relationship.
(2)
If it becomes legally or practically infeasible for grantee (franchisee-company)
to use certain public ways, particularly public utility easements
across private property or dedicated utility strips, then the Township
shall cooperate with grantee in obtaining the necessary authority
to cross, use or otherwise employ rights-of-way in installing and
maintaining its system, except that under no circumstances shall the
Township be required to make any monetary contribution or payment.
A.
All transmission and distribution structures, poles, lines, and equipment
installed or erected by the grantee within the Township shall be so
located as to cause a minimum of interference with the proper use
of public ways or streets and with the rights and reasonable convenience
of property owners who own property that adjoins any of said public
ways.
B.
In case of disturbance or damage of or to any public way or street
or the like by the grantee or as a result of the grantee's use of
the same, the grantee shall, at its own expense, replace, restore
and otherwise repair such public way, street or the like to as good
a condition as the same existed prior to the disturbance or damage
thereof.
C.
Upon its receipt of reasonable advance notice, the grantee shall,
at its own expense, protect, support, temporarily disconnect, relocate
in the same street or other public place, or remove from the street
or other public place, any property of the grantee when lawfully required
by Township by reason of traffic conditions, public safety, street
abandonment, freeway and street construction, change or establishment
of street grade, installation of sewers, gas or water pipes, or any
other type of structures or improvements by the Township; but, the
grantee shall in all cases have the right of abandonment of its property,
subject to Township ordinances, and if public funds are available
to any company using such street, easement or right-of-way for the
purpose of defraying the cost of any of the forgoing, such funds shall
also be made available to the grantee.
D.
The grantee shall on the request of any person holding a building
moving permit issued by the Township, temporarily raise or lower its
wires to permit the moving of buildings, provided:
E.
The grantee shall have the authority to trim trees or other natural
growth overhanging any of its cables or other facilities in the franchise
area so as to prevent branches from coming in contact with the grantee's
wires and cables or other equipment. After completion of construction
of the system, the grantee may trim trees or natural growth overhanging
the facilities, and shall be permitted to charge persons who own or
are responsible for such trees or natural growth for the cost of such
trimming if and only if similar charges are assessed by and paid to
the utilities or the Township for the same activity. In any event,
the grantee shall compensate the Township or property owner for, or
shall replace at its own cost and expense, all trees or shrubs damaged
as a result of any construction of the system undertaken by the grantee.
F.
Subject to any applicable state or federal regulations or tariffs,
the Township shall have the right to make additional use, for any
public purpose, of any poles or conduits controlled or maintained
exclusively by or for the grantee in any street; provided that:
(1)
Such
use by the Township does not interfere with a current or future use
by the grantee; and
(2)
The
Township holds the grantee harmless against and from all claims, demands,
costs or liabilities of every kind and nature whatsoever arising out
of such use of said poles or conduits; and
(3)
If
the use of the same by the Township effects the use of the same by
the grantee then and only in the event of the same the Township shall
pay a rental fee or otherwise compensate the grantee for the use of
such poles or conduit.
A.
Construction, installation and maintenance of cable communications
system shall be performed in an orderly and workmanlike manner. All
cables and wires shall be installed, where possible, parallel with
electric and telephone lines. All such work shall be performed in
accordance with applicable safety code or technical requirements,
including but not limited to National Electrical Safety Code (National
Bureau of Standards); National Electrical Code (National Bureau of
Fire Underwriters); Bell System Code of Pole Line Construction; and
applicable FCC or other federal, state and local regulations.
B.
In any event, the system shall not endanger or interfere with the
safety of persons or property in the franchise area. In particular,
grantee shall substantially comply with all local, state or federal
laws or regulations which govern cable plant signal leakage or interference
with communications media. Any antenna structure used in the cable
television system shall comply with all construction, marking, and
lighting of antenna structure requirements of the United States Department
of Transportation. All working facilities, conditions, and procedures
used during construction, installation and maintenance of the Cable
Television System shall comply with the standards of the Occupational
Safety and Health Administration.
A.
In those areas of the Township where all of the transmission or distribution
facilities of the respective public utilities providing telephone
communications and electric services are underground, or hereafter
are placed underground, the grantee likewise shall construct, operate
and maintain all of its transmission and distribution facilities underground,
provided that such facilities are actually capable of receiving grantee's
cable and other equipment without technical degradation of the system's
signal quality. In those areas where the transmission or distribution
facilities of the respective public utilities providing telephone
communications and electric services are both aerial and underground,
grantee shall have the sole discretion to construct, operate and maintain
all of its transmission and distribution facilities, or any part thereof,
aerial or underground. Nothing contained in this chapter shall require
grantee to construct, operate, and maintain underground any ground-mounted
appurtenances such as subscriber taps, line extenders, system passive
devices (splitters, directional couplers), amplifiers, power supplies,
pedestals, or other related equipment.
B.
The grantee is hereby authorized to extend the system within the
service area when, where and to the extent that such extension is
technically and economically feasible.
C.
Whenever the grantee shall have received written requests, with any
requested monetary deposits for cable service from at least 20 subscribers
within 1,612 cable meters (5,280 cable feet) of the same aerial cable,
or from at least 25 subscribers within 1,612 cable meters (5,280 cable
feet) of the same underground cable, it shall extend its system to
such subscribers solely for the usual connection and service fees
for all subscribers, provided that such extension is technically and
economically feasible. The 1,612 meters shall be measured in extension
length of grantee's cable required for service located within the
public way or easement and shall not include the length of the necessary
drop to the subscriber's home or premises. Notwithstanding the above,
the grantee shall not be required to provide service to a subscriber
where a drop line from the feeder cable to the subscriber's house
or premises exceeds 76.20 cable meters (250 cable feet), until it
is technically and economically feasible to do so.
D.
No person in the grantee's service area shall be arbitrarily refused service, but in recognition of the capital costs involved in unusual circumstances, including, without limitation, instances when subscriber density is less than provided for in Subsection C above, cable service may be made available in such lower density areas on the basis of the payment in advance of costs of materials, labor and obtaining easement by the parties requesting cable service in order to prevent cable subscribers in more densely populated areas from subsidizing service to low density area subscribers.
(1)
For all residential structures hereinafter erected which are to be
served by underground utilities, the developer of the subdivision
or development may acquire cable service for such development under
the following conditions:
(a)
The entire cost of such undergrounding, from the boundary of
the new subdivision or, in the case of an individual structure which
is not a part of an existing subdivision, from the lot line, to each
building, shall be borne by the developer, subdivider or owner of
the property, including the reimbursement to the grantee of its share
of all trenching costs, materials and labor; and
(b)
Developer, at its expense, shall perform any trenching or backfilling
necessary in preparation for the provision of cable service, including
furnishing of any imported backfill material required, and will furnish
and install for the grantee any necessary distribution conduit and
substructures, including pedestals, required in preparation for the
provision of cable service and in accordance with the grantee's plans
and specifications.
(2)
Grantee shall not be obligated to provide cable service to such new
development unless such developer or owner agrees to bear the costs.
However, grantee shall have the right to provide cable service to
all newly developed areas of the Township at its own expense, regardless
of whether a developer or owner cooperates with grantee or pays grantee
for the expenses of installing cable on their property.
(3)
Grantee shall provide plans and specifications to a developer, and
shall inspect the facilities installed hereunder, and certify to the
Township prior to final approval of the subdivision or development
that the facilities installed in the development were properly installed;
facilities installed hereunder shall be owned, operated, and maintained
by grantee.
A.
Within 60 days after acceptance of the franchise, the grantee shall
proceed with due diligence to apply for all necessary permits and
authorizations which are required in the conduct of its business,
including but not limited to any utility joint use attachment agreements,
microwave carrier licenses, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable television systems, or associated microwave
transmission facilities.
B.
Within 90 days after obtaining all necessary permits licenses and
authorizations, including right of access and clearances to use all
necessary poles and conduits, grantee shall commence construction
of the cable television system.
C.
Within 90 days after the commencement of construction, grantee shall
proceed to energize complete portions of the system and begin to offer
service to 100% of the potential subscribers in the franchise area.
Completion of the construction shall be pursued with reasonable diligence
thereafter, so that cable service to those areas of the franchise
area required to be served pursuant to this section shall be so provided
within 90 days after receiving all authorizations mentioned herein;
provided, however, that grantee shall in all events substantially
meet and comply with any construction requirements set down by the
FCC or any other applicable regulatory authority.
D.
The grantee may request an extension of time to complete the construction
of the cable television system for events beyond the control of grantee
including but not limited to, acts of God, strikes of material suppliers,
construction contract delays which are beyond the control of the Grantee,
or similar events. A request for extension shall be made within 20
days after the grantee has actual or constructive notice of such event.
The Township shall not unreasonably withhold its consent to such request
to extension.
A.
In consideration
of the granting and exercise of a franchise to use the public ways
and streets, as herein defined, for the operation of a cable television
system, and to help defray some of the costs of regulation of the
system, grantee shall pay to the Township, during the term of the
franchise a fee equal to 5% of its gross receipts. Additionally, however,
if permitted by the FCC or otherwise permitted by law after the first
year of the term of the franchise, the Township may increase said
annual fee an additional 1% and may continue to do so each year thereafter
or at any time during the term of said franchise.
B.
The grantee shall continue to pay the Township the franchise fee
of 5% (or higher if otherwise permitted) on gross receipts unless
notified by the Township as follows:
(1)
After execution of an agreement for the franchise and/or the granting
of a franchise and/or of a franchise permit, the Township may, at
any time during the term of the franchise, or extensions thereof,
on its own initiative, refrain from collecting a franchise fee from
the grantee, reduce the amount of the franchise fee it collects from
the grantee, or increase the amount of the franchise fee it collects
from the grantee up to a maximum of 15% of the gross receipts of grantee,
derived from all subscriber monthly service fees including basic,
pay television, or other tiers of service, subject however, to the
same being permitted by law or regulation and as otherwise regulated
under this chapter.
(2)
The franchise payments shall be made to the Township annually within 120 days after the expiration of any calendar year or portion thereof during which the franchise is in force. After notice to grantee delivered pursuant to § 138-17 hereof that a payment is late, the Township shall be entitled to impose on grantee a penalty in the amount of $100 per day for each day in excess of the 120-day period in which grantee willfully fails, refuses or neglects to pay any undisputed portion of the percentage due and owing.
(3)
At the time of payment, grantee shall provide the Township an annual
summary of gross receipts received during the applicable year.
A.
Performance bond to Township.
(1)
Upon being granted a franchise, and after the filing of the acceptances
required under this chapter, the grantee shall file with the Township
Secretary, and shall maintain in full force and effect, during the
term hereof, a corporate bond or other adequate surety agreement in
the amount of $15,000. Subject, however, to the limitation that if
the initial application is for 100 homes or less, the amount of said
bond or surety shall be $5,000. The bond or agreement shall be so
conditioned that in the event that grantee shall fail to substantially
comply with any one or more of the material provisions of this chapter
or of such franchise, then there shall be recoverable jointly and
severally from the principal and surety any damages or loss, or costs
suffered by the Township, as a result thereof, including attorney's
fees and costs of any action or proceeding, and cost of including
the full amount of any compensation, indemnification, cost of removal
or abandonment of any property or other costs which may be in default,
up to the full principal amount of such bond. Said condition shall
be a continuing obligation during the entire term of such franchise
and thereafter until grantee shall have satisfied in full any and
all obligations to the Township which arise out of or pertaining to
said franchise.
(2)
For each additional area of the franchise or extensions thereof,
the grantee shall file and/or provide and maintain a corporate bond
or other adequate security agreement in an amount as set by the Board
of Supervisors or subject to the approval of the Board of Supervisors,
the franchisee may obtain an extension of the original bond for purposes
of covering said additional area and/or extension thereof.
B.
Hold harmless.
(1)
The grantee shall hold the Township, its officers, boards, and employees
harmless from liability for damages or claims for damages and for
any liability or claims resulting from property, damage or bodily
injury, (including accidental death) which arise out of the grantee's
negligent operations in conducting a cable television business in
the Township.
(2)
The Township shall hold grantee, its officers, directors, employees,
subscribers, assign and successors, harmless from liability for damages,
claims for damages or liability or claims resulting from bodily injury
(including accidental death), which arise out of the Township's, its
employees' or agents' negligence in dealing with or in any way handling
or affecting grantee's real or personal property used or usable in
the cable television system in the franchise area.
C.
Insurance required. Upon being granted a franchise, and after the
filing of the acceptance required under this section, the grantee
shall file with the Township Secretary, and shall thereafter maintain
in full force and effect at its own cost and expense, during the term
hereof, general comprehensive liability insurance in the amount of
$1,000,000, for bodily injuries (including accidental death) to any
person and subject to the same limit for each person in an amount
not less than $500,000 on account of any one occurrence, and property
damage liability insurance in an amount not less than $500,000 resulting
from any one occurrence.
The franchise granted herein shall not be sold, assigned or
transferred, in whole or in part, either by force or involuntary sale,
or by voluntary sale, merger, consolidation or otherwise, other than
to a person or entity controlling, controlled by or under common control
with the grantee, without prior consent of the Township Supervisors,
either expressed by resolution, or by informal consent procedures.
The consent of the Township Supervisors shall not be unreasonably
withheld or delayed; provided, however, that the prospective assignee
or transferee must agree, in writing, to comply with all the provisions
of this chapter; and provided, further, that no such consent shall
be required for a transfer in trust, by mortgage, or by other hypothercation,
in whole or in part, or to assign rights in the cable television system
to secure indebtedness.
A schedule setting forth the initial rates, services and charges
to be made to subscribers for basic cable service, including connection
and service rates, shall be attached to the franchise agreement. Rates
for motels, hotels, rooming houses, trailor courts, hospitals and
rest homes are to be negotiated. The preceding rates, services and
charges for said business entities are subject to change by the grantee,
and shall not be regulated by the Township unless authorized by federal
and/or state laws.
A.
Extension. The Township may extend the franchise for an additional five years beyond the initial 10 years if grantee so requests. Within no more than 180 days of the expiration date of the initial term, grantee shall, at its option, notify the Township Secretary, in writing, that grantee wishes to petition for a five-year extension. The Township shall then set a date for a Supervisors meeting which the Township Secretary shall advertise in a newspaper of general circulation at least once in the 10 days prior to the meeting. At said meeting, the Supervisors, shall hear the petition of grantee, and any comments from residents of the Township on the issues raised by the public interest standard contained in § 138-1 hereof. If the Supervisors find that the public interest standards will be met by a five-year extension of the initial term, the Supervisors shall grant grantee's petition. If the Supervisors deny the petition, it shall give its reasons, in writing, within 30 days after the meeting, and shall provide grantee with a copy of the decision within two business days of its publication.
B.
Renewal of franchise. Prior to the expiration of the initial term
of the franchise granted hereunder or any extension thereof, the Township
Supervisors may consider an application by grantee for renewal of
the franchise for an additional ten-year term, if, in the opinion
of the Supervisors, such renewal is in the public interest. The procedure
to consider such a renewal, unless specifically prohibited by state
or federal rule and/or law or regulation shall be as follows:
(1)
Prior to the expiration of the initial term of the franchise or any
extension, grantee shall petition the Supervisors, in writing, for
renewal of the franchise.
(2)
Within 30 days after receipt by the Supervisors of grantee's petition
for renewal, the Supervisors shall hold a meeting to consider the
renewal petition, and the Township Secretary shall publish notice
of said meeting, its time, place, subject matter and parties entitled
to be heard at the meeting, in a newspaper of general circulation
at least once in 10 days immediately prior to the public meeting.
(3)
At the meeting, the Supervisors shall hear representatives of the cable television system and interested residents of the franchise area on any issues raised pursuant to the public interest standard set forth in § 138-1 hereof.
(4)
The Supervisors shall make its decision on the grantee's petition
for renewal, and shall publish a written determination stating the
reasons for renewal or non-renewal, all within 30 days after the meeting
is held. Grantee shall be provided with a copy of the written determination
within two business days after it is published.
(5)
If the Supervisors find renewal would serve the public interest,
the grantee shall be entitled to a renewal of the franchise and the
Supervisors shall enter into negotiations with grantee for amendments
to the expired franchise or for a new franchise. If the Supervisors
find that nonrenewal serves the public interest, then the procedures
set forth herein shall apply.
C.
Termination. The Township may terminate a franchise in the event
of the willful failure, refusal or neglect by grantee to substantially
comply with any material requirement or limitation contained in this
chapter. The Township shall comply with the following procedures:
(1)
The Township Supervisors shall, with advice of legal counsel, make
a written determination that after reasonable investigation it appears
that grantee has willfully failed, refused or neglected to substantially
comply with the material provisions of this chapter. However, the
Supervisors shall not be justified in determining that an apparent
violation by grantee of this chapter exists, unless it also appears
that there is no reasonable explanation, excuse or justification for
such apparent violation. Further, a dispute between the Township and
grantee over policies, practices or procedures which are not clearly
stated in or based on the language of this chapter shall not be deemed
a sufficient basis for a determination of apparent violation.
(2)
If the Supervisors find good cause to make its determination on the
standards set forth above, then it shall give written notice to grantee
stating clearly its factual and legal basis for such determination.
Grantee shall then have a period of 30 days after its receipt of such
notice in which to comply with the provision. If the apparent violation
is not remedied within the thirty-day period, the Township Supervisors
may order the matter of apparent violation to be brought up for discussion
at a regularly scheduled meeting. Grantee shall be served with notice
at least 30 days prior to the meeting as to the topic, time, place
and procedure for the meeting, and the same shall be publicized by
the Township Secretary, at least once in the 10 days before such meeting,
in a newspaper of general circulation in the franchise area.
(3)
At the meeting, the Supervisors shall permit representatives of grantee
to be heard, together with any residents of the franchise area, who
have requested to be heard on the topic of the apparent violation.
Based on the facts and arguments of grantee, any relevant factual
presentations of residents, and the Supervisors own investigation,
the Supervisors shall make a decision whether the apparent violation
was in fact, a willful failure, refusal or neglect to substantially
comply with a material provision of this chapter. Such decision shall
be in writing stating clearly the factual and legal basis for the
decision, shall be rendered and made public within 30 days of the
meeting, and grantee shall be provided a copy thereof within two business
days, after the decision is published.
(4)
If the Supervisors shall determine that such willful failure, refusal
or neglect by the grantee was not in the public interest and was without
just cause, then the Supervisors may, by resolution, declare that
the franchise of such grantee shall be terminated and bond forfeited
unless the grantee shall comply with the violated provision within
such period as the Supervisors may fix.
D.
Procedure in event of termination, nonrenewal or denial of extension.
(1)
If grantee disagrees with a Supervisors determination as to termination,
renewal or extension, and chooses not to comply with the material
provision at issue, or does comply under protest, then grantee may
pursue any and all equitable or legal means of judicial review. If
grantee seeks judicial relief in the form of judicial stay, injunction
or other temporary restraint of the effectiveness of the Supervisors
decision, both the Township and the Supervisors agree not to oppose
unnecessarily grantee's pursuit of such relief.
(2)
Pending a final disposition of grantee's judicial review, grantee
shall have the right to continue the business of providing cable service
to its subscribers, may receive revenue and profits from such business,
and shall in all ways be considered by the Township as having a claim
of right to continue as the grantee, provided that grantee shall continue
to comply with the material provision of this chapter which are not
in dispute. (Compliance by grantee with material provisions in dispute
shall not be construed as an admission of liability.)
(3)
In the event grantee is ultimately unsuccessful in pursuit of its
judicial remedies, or if grantee is permitted to and does not comply
with any final determination, then grantee shall commence immediately,
after a judicial mandate that has been issued and entered on the records
of the court, to solicit buyers for the cable television system, and
shall use best efforts to sell said system. In the event grantee is
unable to find, after its best efforts, a bona fide buyer, who will
pay a fair market price for the system, then grantee shall have the
right to shut down and remove any and all of the equipment, property
or other facilities making up the cable television system in the franchise
area, all to be accomplished within 180 days after a final order is
issued by a court, or by the Supervisors in the event grantee chooses
not to seek judicial review of the Supervisors final determination.
Grantee may continue to operate the system within such 180-day period,
and until it is shut down and removed. However, at grantee's sole
option, it may abandon some or all of the equipment, property or facilities
of the cable television system; but in so doing, grantee relinquishes
all right to compensation by the Township or any third party using
or taking over such system after grantee has abandoned it.
A.
When not otherwise prescribed herein, all matters herein required
to be filed with the Township shall be filed with the Township Secretary.
B.
Outlets.
(1)
The grantee shall provide without charge one outlet of basic cable
service to each governmental office building, fire station, police
station, and public school building that is passed by its cable television
system. Users of such outlets shall hold grantee harmless from any
and all liability or claims arising out of their use of such outlets.
(2)
Notwithstanding the above, the grantee shall not be required to provide
an outlet to such buildings where the drop line from the feeder cable
to said buildings or premises exceeds 76.20 cable meters (250 cable
feet) until it is technically and economically feasible to do so.
In the event that additional outlets of basic cable television service
are provided to such buildings, the building owner shall pay the usual
installation and service fees associated therewith.
C.
In the case of any life threatening emergency or disaster, the grantee
shall make available its facilities to the Washington County Emergency
Service Office to provide emergency information and instructions during
the emergency or disaster period. The Township shall hold the grantee,
its agent, employees, officers, and assigns harmless from any claims
arising out of the emergency use of its facilities in accordance with
this provision to the extent that the same was or were attributable
to the acts and/or control of or by the Township.
D.
Grantee shall be prohibited from directly or indirectly initiating
or using any form, procedure or device for procuring information or
data from subscribers' premises by use of the system without prior
written authorization from each subscriber so affected. Authorization
shall mean written approval from the subscriber of the specific use
or purpose for which the information is sought. Further, it shall
be unlawful for the grantee, without such authorization, to activate
or utilize any transmission path from the subscriber's premises, in
a manner which invades subscriber's right of privacy, or for which
grantee has no authorization. However, grantee shall have the right
to utilize any transmission path to verify the technical integrity
and quality of performance of the cable television system. The provisions
of this section shall not apply to the collection of information solely
for billing and collection purposes or cable related needs or services
provided by grantee or as otherwise allowed by law.
E.
If the Federal Communications Commission, or any other federal or
state body or agency shall now or hereafter exercise any paramount
jurisdiction over the subject matter of this chapter, then, to the
extent such jurisdiction shall preempt or preclude the exercise of
like jurisdiction by the Township, jurisdiction of the Township shall
cease and no longer exist.
F.
No person, firm or corporation within the franchise area of the grantee, and where trunk lines are in place, pursuant to §§ 138-4 and 138-5 hereof, shall be refused cable service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or service charge.
G.
If at any time the grantee's cable television system or other equipment
is disturbed, damaged, or severed by a third party, the cost of repair
shall be paid by the party responsible for said damage. The grantee
may charge the responsible party for the cost of labor and materials
expended by grantee to repair said damage or replace damaged cable
plant. The Township will cooperate with the grantee in enforcing any
charge or penalty arising from such damage to grantee's property.
The grantee shall substantially comply with all valid and applicable
requirements of federal or state government regarding equal employment
policy and practice.
A.
From and after the effective date of this chapter, it shall be unlawful
for any person to construct, install or maintain within any public
way in the Township, or within any other public property of the Township,
or within any privately-owned area within the Township which has not
yet become a public way but is designated or delineated as a proposed
public way on any tentative subdivision map approved by the Township,
any equipment or facilities for distributing any television signals
or radio signals through a cable television system, unless a franchise
authorizing such use of such public way or property or area has first
been obtained pursuant to the provisions of this chapter, and unless
such franchise is in full force and effect.
B.
It shall be a summary offense for any person, firm or corporation
to create or make sure use of an unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise,
with any part of the franchised cable television system within this
Township for the purpose of enabling such person, firm or corporation
or third parties to receive or use any cable services without payment
to the grantee.
C.
It shall be a summary offense for any person without the consent
of the grantee, to willfully tamper with, remove or injure any property,
equipment or part of the cable system or connect any other equipment
for the purpose of receiving cable service without making payment
therefore.
D.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The Township shall cause its legal enforcement staff to cooperate
fully in the enforcement, prosecution and conviction of persons found
to have violated the criminal law applicable to cable service and
the cable television system.
A.
All notices required herein shall be in writing, and shall be deemed
to have been duly given to the required party three business days
after having been posted in a properly sealed and correctly addressed
envelope by certified or registered mail, postage prepaid, return
receipt requested, at a post office or branch thereof regularly maintained
by the U.S. Postal Service. The Notices shall be addressed as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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IF TO TOWNSHIP
Township Secretary
Nottingham Township
909 Sugar Run Road
Eighty Four, PA 15330
IF TO GRANTEE
As supplied by Grantee
WITH A COPY TO:
Township Solicitor
Nottingham Township
909 Sugar Run Road
Eighty Four, PA 15330
OR SUCCESSOR
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B.
Parties may designate other addresses from time to time by giving
due notice to each other.
A.
The franchise agreement entered into between the Township and the
franchisee shall designate the franchise area, the dates of beginning
and completion of construction work, when weekly reports regarding
electronic rebuilds and FCC applications for additional satellite
services or services are to be presented to the Township Secretary,
a listing of what service that shall be available, which shall include
the call letters, channel number, origination point, and network and
shall also designate when the same shall become available, and a statement
as to what is contained in the basic cable package. The grantee shall
have the right to make changes in its satellite programming if it
is unable to negotiate a contract with the program suppliers or if
a program supplier goes out of business or specific programming is
no longer economically feasible.
B.
Rates.
(1)
The rates referred to in this chapter shall be established in the
underlying franchise agreement based on the following categories.
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COMMISSION FEES:
First Outlet
Each Additional outlet
Relocation of an outlet
Reconnection of an outlet
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(2)
The rates for said items, as referred to above, shall be specified in the franchise agreement. The initial rates, as established by the franchise agreement, may be increased annually by a maximum of 5%; provided, however, that this percentage does not exceed the percentage increase of the consumer price index for all items for the Pittsburgh area for the preceding 12 months subject to the terms and conditions contained in § 138-12 above and is otherwise permitted by law or regulation.
C.
Adjustments which exceed the 5% limit may be increased only with
prior approval of the Supervisors after a public hearing if the FCC
permits Supervisors approval in said matter. The Supervisors approval
of said rate increase shall not be unreasonably withheld.
D.
The grantee shall have the right to negotiate separate rates with
the owners of motels, hotels, rooming houses, apartment houses, trailer
courts, hospitals and rest homes; however, a uniform rate shall be
established.
E.
In addition, the grantee may make available to its subscribers one
or more of the following pay TV services: Home Box Office, Showtime,
Disney Channel, Cinemax, ESPN, The Movie Channel, and the like.
F.
As to said optional services, the grantee is reserved the right to
establish the monthly rates for said services, subject to the approval
of the Board of Supervisors, if permitted by law and therein the same
shall not be unreasonably withheld.
A franchise agreement shall be entered into between the Township
and the grantee or franchisee which shall encompass the terms contained
in this chapter, wherein no franchise granted pursuant to this chapter
shall become effective until said franchise agreement has been duly
executed and approved by the Board of Supervisors.
By the enactment of this chapter and the execution of any franchise
agreement, the Township and/or Board of Supervisors is not binding
the Township nor agreeing on behalf of the Township to commence, prosecute
or maintain any action on behalf of the grantee and/or franchise for
purposes of obtaining rights-of-way, through eminent domain or otherwise.
In the event any portion of this chapter should be deemed ineffective,
void or voidable, as being contrary to public policy or in violation
of any law, statute or regulation, then said invalidity or voidability
of said section shall not work or serve as a revocation or invalidation
of the entire chapter, but rather only that portion or section which
is affected thereby shall be deemed to be ineffective or invalid.
