For the purpose of this ordinance, the following words and phrases
shall have the meanings set forth in this section.
BOROUGH
The Borough of Larksville, Pennsylvania.
CABLE ACT
Title VI of the Communications Act of 1934, as amended, 47
U.S.C. § 521 et seq.
CABLE SERVICE
The one-way transmission to subscribers of video programming,
or other programming service; and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service. For the purposes of this definition,
"video programming" is programming provided by, or generally considered
comparable to programming provided by, a television broadcast station;
and, "other programming service" is information that a cable operator
makes available to all subscribers generally.
CABLE SYSTEM
Company's facility located within the Borough, consisting
of a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to
multiple subscribers within a community.
COMPANY
Gans Communications, L.P. d/b/a MetroCast Communications
and its permitted successors.
EFFECTIVE DATE
The date of adoption of this ordinance by the Borough Council.
FACILITIES
Any reception, processing, distribution or transmission component
of the cable system, including cables, conduits, converters, splice
boxes, cabinets, manholes, vaults, poles, equipment, drains, surface
location markers, appurtenances, fiber, and related facilities maintained
by Company.
FCC
The Federal Communications Commission.
FRANCHISE
The rights granted to Company under this ordinance to construct
and operate the cable system and to provide cable services and other
services as permitted under applicable law.
GROSS REVENUES
All revenue collected by Company derived from the operation
of the cable system to provide cable services in the Borough, less
uncollected bad debt. Gross revenues shall not include amounts collected
by Company for equipment rental or sales, advertising or franchise
fees.
PERSON
Is any person, firm, partnership, association, corporation,
company, or other legal entity.
STREET
The surface of, and the space above and below, any public
street, road, highway, freeway, lane, alley, path, court, sidewalk,
parkway, or drive, or any easement or right-of-way now or later existing
within the Borough.
SUBSCRIBER
Any person who lawfully receives cable service.
TERM
The term of this franchise as set forth in §
A551-3.
The term of the nonexclusive franchise granted under this ordinance
commences upon the effective date and shall continue for eight years,
unless renewed, revoked or terminated sooner. So long as Company remains
in material compliance with the provisions of this ordinance, Company,
at its option, may extend the term for an additional eight years by
providing written notice to the Borough no more than 24 months but
not less than 12 months before expiration of the initial term; provided
that such a renewal of this franchise is specifically conditioned
upon a review and approval by the Borough Council at a public proceeding
affording due process of the Company's qualifications and performance,
the adequacy of the franchise provisions and its consistency with
the rules and regulations of the FCC. The parties agree that any proceedings
undertaken by the Borough that relate to the renewal of the franchise
shall be governed by and comply with the provisions of Section 626
of the Cable Act.
Company shall provide cable services without discrimination
to all persons residing within 300 aerial feet or 150 underground
feet of the cable system who request cable services and who comply
with Company's terms and conditions of service. Company shall
extend the cable system to contiguous areas of the Borough not currently
served by the cable system when any such area reaches a household
density equal to or greater than 30 households per cable mile. Company
is generally not obligated to extend service to residences beyond
300 aerial feet or 150 underground feet from Company's facilities.
Isolated residences requiring more than a standard three-hundred-foot
aerial drop or one-hundred-fifty-foot underground line may be provided
at a premium installation rate if such service has been requested
by the resident. Company may request advanced payment for such installation.
Company shall provide upon request and free of charge one service
drop and basic cable service to the public schools and municipal buildings
listed on Schedule A.
Company shall pay to the Borough an annual franchisee fee in
an amount equal to 5% of gross revenues. Franchise fee payments to
the Borough shall be computed at the end of each semiannual period
(January 1 to June 30 and July 1 to December 31) and shall be due
and payable on or before the end of the first month after such semiannual
period (July 31 for the first semiannual period noted above and January
31 for the second semiannual period noted above). The franchise fee
shall be prorated for any partial semiannual period. Following reasonable
prior notice, the Borough may inspect Company's books, records,
and reports to verify franchise fee calculations and payments.
Company shall not transfer or assign its rights granted under
this ordinance without providing prior written notice to the Borough.
Prior notice shall not be required for the following: the assignment
of, or the granting of a security interest in, the franchise or the
cable system for the purpose of securing indebtedness; or the assignment
or transfer of the franchise or the cable system to an affiliate under
common ownership or control with Company.
The Borough and Company may extend the term by mutual agreement,
and the existing terms and conditions of this ordinance shall govern
the extended term.
The Borough may terminate the franchise granted under this ordinance
in case of material noncompliance by Company. Material noncompliance
shall include:
A. A material violation by Company of any term, condition, or provision
of this ordinance that remains uncured within the applicable cure
period;
B. Failure of Company to comply with any reasonable, material provision
of any applicable ordinance;
C. Company becomes insolvent, unable or unwilling to pay its debts,
or is adjudged bankrupt, or there is a notice of prospective foreclosure
or other judicial sale of all or a substantial part of the cable system;
D. Company abandons the cable system; or
E. Company fails to operate the cable system for a period of 30 days.
If the Borough seeks to terminate the franchise under §
A551-13, the Borough shall follow the procedures in this section.
A. Notice of complaint. The Borough shall provide Company with written
notice describing with reasonable specificity the alleged noncompliance.
B. Opportunity to cure. Company shall have 60 days from receipt of written
notice to cure the alleged noncompliance. If Company cures the alleged
noncompliance within the sixty-day period, the Borough shall provide
Company with written notice withdrawing the complaint.
C. Public hearing. If Company fails to cure the alleged noncompliance
within the sixty-day cure period, or if Company provides the Borough
with written notice disputing the complaint, and the parties fail
to otherwise resolve the matter, the Borough shall schedule a public
hearing on the alleged noncompliance. At the public hearing, Company
may present testimony, cross-examine witnesses and deliver to the
Borough Council all evidence relevant to Company's defense. At
the conclusion of the public hearing, the Borough Council may dismiss
the complaint, defer action, order appropriate sanctions, or terminate
the franchise in accordance with this section.
D. Termination. The Borough may, after a duly noticed public hearing,
terminate the franchise for material and willful continuing noncompliance
by Company. If Company contests the termination in a court of competent
jurisdiction, Company may operate the cable system in accordance with
this ordinance while the case is pending.
E. Removal of facilities. Upon expiration or termination of the franchise,
Company shall be afforded a six-month period to sell or otherwise
dispose of the cable system. During the six-month period, Company
shall operate the cable system in accordance with this ordinance.
At the expiration of the six-month period, Company has the right to
remove its facilities within a reasonable time.
This ordinance shall become effective upon adoption by the Borough
and acceptance by Company. Company shall notify the Borough of Company's
acceptance of this ordinance within 30 days of receipt of notice of
adoption by the Borough. The Borough may revoke this ordinance if
Company fails to provide timely notice of acceptance by providing
notice to Company within 30 days after such failure.