For the purpose of operating and maintaining a cable communications
system in the Borough, the grantee may erect, install, construct,
repair, replace, reconstruct and retain in, on, over, under, upon,
across and along the public streets and ways within the Borough such
wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, pedestals, attachments and other property and equipment
as are necessary to the operation of the cable communications systems;
provided, however, that grantee complies with all design, construction,
safety, and performance provisions contained in this chapter, the
franchise agreement, and other applicable laws.
No poles shall be erected by the grantee without prior approval
of the Borough with regard to location, height, type and any other
pertinent aspect. However, no location of any pole of the grantee
shall be a vested right, and such poles shall be removed or modified
by the grantee at its own expense whenever the Borough determines
that the public convenience would be enhanced thereby. Grantee shall
utilize existing poles and conduits, where possible. The Borough shall
have the right, during the life of the franchise, to install and maintain
free of charge upon the poles owned by the grantee, any wire and pole
fixtures that do not unreasonably interfere with the operations of
the grantee.
No cable communications system shall be allowed to occupy or
use the streets of the Borough or be allowed to operate without a
franchise.
The term of any franchise granted pursuant to this chapter shall
be specified in the franchise.
Any franchise granted pursuant to this chapter shall be nonexclusive.
The Borough specifically reserves the right to:
A. Grant
at any time such additional franchises for a cable communications
system as it deems appropriate; and/or
B. Build,
operate, and own such cable communications system or systems as it
deems appropriate.
Whenever this chapter shall set forth any time for an act to
be performed by or on behalf of the grantee, such time shall be deemed
of the essence and any failure of the grantee to perform within the
time allotted shall always be sufficient ground for the Borough to
invoke an appropriate penalty, including possible revocation of the
franchise.
In any controversy or dispute under this chapter, the law of
the state shall apply.
If any section, subsection, sentence, clause, phrase or portion
of this chapter or the franchise is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, or by any
federal, state, or local statute or regulation, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Upon completion of the term of any franchise granted under this
chapter, the Borough shall proceed with the renewal process in accordance
with the provisions of the Cable Act. The grantee shall own the cable
communications system, but shall have no property right in the public
rights-of-way upon the completion of the franchise term.
Equal opportunity employment shall be afforded by all grantees
to all qualified persons, and no person shall be discriminated against
in employment because of race, color, religion, age, national origin,
sex, or physical handicap. Grantee shall comply with all equal opportunity
provisions enacted by federal, state and local authorities, as well
as all such provisions contained in this chapter and the franchise.
[Amended 4-21-2021 by Ord. No. 1032]
All notices from grantee to the Borough pursuant to this chapter
and the franchise shall be to the Borough Manager or their designee.
Grantee shall maintain with the Borough, throughout the term of the
franchise, an address for service of notices by mail. Grantee shall
also maintain with the Borough, a local office and telephone number
for the conduct of matters related to the franchise during normal
business hours. The grantee shall be required to advise the Borough
of such address(es) and telephone numbers and any changes thereof.