The following
terms, as used in this chapter, shall have the meanings indicated:
BROADCAST SIGNAL
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.
CABLE SUBSCRIBER or SUBSCRIBER
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.
CABLE TELEVISION SYSTEM or SYSTEM
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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.
CONVERTER
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.
FRANCHISE
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.
FRANCHISE AREA
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.
GRANTEE or FRANCHISEE
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.
GROSS RECEIPTS
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.
PROPERTY OF GRANTEE
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.
PUBLIC INTEREST
That standard which shall be applied by the Township and
Supervisors in considering renewal applications, and termination or
extension issues; namely whether the grantee:
(1)
Is and has been in substantial compliance with the material
terms of the franchise and with applicable valid laws and regulations;
and
(2)
Remains legally, technically and financially qualified to operate
the cable television system; and
(3)
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.
PUBLIC WAY
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.
RESIDENT
Any person residing in the franchise area as defined herein.
STATE
The Commonwealth of Pennsylvania.
SUPERVISORS
The present governing body of the Township or any future
board constituting the legislative body of the Township.
TOWNSHIP
The Township of Nottingham in its present incorporated form
or in any later reorganized, consolidated, enlarged or reincorporated
form.