[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne 4-7-1994 by Ord. No. 609. Amendments noted where applicable.]
A.
Short title. This chapter shall be known and may be cited as the
"Lemoyne Cable Television Ordinance of 1994."
B.
Purpose. The purpose of this chapter is to regulate cable television
in the exercise of the power of the governing body to:
(1)
Regulate
telephone, telegraph and electric power poles, and other obstructions
erected upon or in the streets and roads of the Borough of Lemoyne;
and
(2)
Provide
for the maintenance of peace, good government, safety and welfare
of the Borough of Lemoyne, and its trade, commerce and manufactures.
C.
Federal law. This chapter is enacted under the Federal Cable Television
Consumer Protection and Competition Act of 1992, which permits local
franchising authorities to regulate cable television, subject to certain
substantive and procedural limitations.
D.
Interpretation. In interpreting and applying the provisions of this
chapter, these provisions shall be construed broadly as required for
the maintenance of peace, good government, safety and welfare of the
Borough of Lemoyne and its trade, commerce and manufactures.
E.
Conflict with federal law. It is the intent of the governing body
that this chapter conform to the federal law. If a court of competent
jurisdiction declares any provision of this chapter to be in conflict
with the federal law, the federal law will control and this chapter,
to the extent that any provision is declared to be in conflict with
the federal law, shall not apply.
As used in this chapter, the following words, phrases and terms
shall have the following meanings:
All equipment in a cable subscriber's home that is used to
receive the basic service, regardless of whether such equipment is
additionally used to receive other tiers of regulated programming
service and/or unregulated service. Such equipment shall include,
but not be limited to:
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational, and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video-programming signals as a service added to the basic tier by
the cable operator. (Example: Sammons' "Lifeline.")
The rate charged by a cable operator for basic service, and
associated equipment costs.
Any person or group of persons:
A facility, 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,
but does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way;
A facility of a common carrier except to the extent that such
facility is used in the transmission of video programming directly
to subscribers; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
The Federal Communications Commission.
The Federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992, and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.
The Borough Council of the Borough of Lemoyne.
The Borough of Lemoyne.
A.
Appointment and powers of compliance officer.
(1)
For the administration of this chapter, a compliance officer, who
shall not hold any elective office in the Borough of Lemoyne, shall
be appointed by the governing body by resolution.
(2)
The compliance officer shall meet the qualifications established
by the governing body and shall be able to demonstrate to the satisfaction
of the governing body a working knowledge of cable regulations under
the federal law and this chapter.
(3)
The compliance officer shall administer this chapter in accordance
with its literal terms.
B.
Duties of compliance officer. The compliance officer shall be responsible
for:
(1)
Taking such action on behalf of the Borough of Lemoyne as may from
time to time be required to obtain or maintain the municipality's
certification to regulate basic service rates.
(2)
Notifying all cable operators serving the Borough of Lemoyne when
the Borough of Lemoyne has been certified by the FCC to regulate basic
service rates.
(3)
Notifying all cable operators serving the Borough of Lemoyne that
the Borough of Lemoyne intends to enforce the minimum customer service
standards established by the federal law.
(4)
Making all filings required or permitted to be made to the FCC by
the Borough of Lemoyne pursuant to the federal law, subject to oversight
and control of the governing body.
(5)
Receiving, filing in the public records of the Borough of Lemoyne,
reviewing for completeness, and placing on the Borough of Lemoyne's
agenda for consideration, all submissions, petitions, and other filings
required or permitted to be made to the Borough of Lemoyne pursuant
to the federal law. All submissions, petitions, and other filings
made to the municipality pursuant to the federal law shall be made
by first-class mail, postage prepaid, to the following address: Borough
of Lemoyne, Attn: Cable Television Compliance Officer, 665 Market
Street, Lemoyne, PA 17043.
(7)
Enforcing the provisions of this chapter and all decisions of the
governing body made hereunder to the fullest extent permitted by the
federal law, subject to the oversight and control of the governing
body.
(8)
Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the governing body, to protect
the right of the Borough of Lemoyne to regulate cable television to
the fullest extent permitted by the federal law.
A.
Regulation of basic service rates. The governing body shall regulate
basic service rates in accordance with the substantive and procedural
provisions of the federal law and any applicable state law or regulations
or local ordinances.
(1)
Duties of cable operators.
(a)
Within 30 days of receiving written notification from the Borough of Lemoyne that the Borough of Lemoyne has been certified by the FCC to regulate rates for basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the Borough of Lemoyne together with the fee specified by § 188-3B(6).
(b)
At least 30 days prior to increasing its rates for basic service, the cable operator shall notify each subscriber of the proposed rate increase and shall file a notice of its proposed rate increase with the Borough of Lemoyne together with the fee specified by § 188-3B(6).
(c)
At the time of filing a schedule of rates or a proposed rate
increase with the Borough of Lemoyne, a cable operator shall:
[1]
Publish a summary of the rates or rate increase in a local newspaper
for at least three consecutive days; and
[2]
Cablecast a summary of these rates or rate increases on its
public information channel, at least twice a day at such times as
are reasonably expected to reach the largest audience, over a three-day
period, in each case notifying interested parties that they must submit
written comments by a date certain (within 15 days of the cable operator's
filing with the Borough of Lemoyne), at the appropriate address.
(d)
A cable operator shall comply with all orders of the Borough
of Lemoyne, except that a cable operator shall not be required to
comply with an order if the cable operator demonstrates that complying
with the order would require the cable operator to disclose proprietary
information.
(2)
Duties of the Borough of Lemoyne.
(a)
Upon receipt of the cable operator's schedule of rates or a
proposed rate increase, the Borough of Lemoyne shall cablecast a summary
of the rates or rate increase on the channel(s) allocated to the Borough
of Lemoyne, at least twice daily at such times as are reasonably expected
to reach the largest audience, over a three-day period, along with
a notice that interested parties shall submit written comments to
the Borough of Lemoyne by a date certain (within 15 days of the cable
operator's filing with the Borough), at the appropriate address.
(b)
The Borough of Lemoyne shall make any decision on the reasonableness
of current basic service rates and proposed rate increases pursuant
to the procedural and substantive provisions of the federal law.
(c)
In making a decision on the reasonableness of current basic
service rates or proposed rate increases, the Borough of Lemoyne shall
have the authority to compel the production of proprietary information
from the cable operators, and in such circumstances, the Borough of
Lemoyne shall be subject to the confidentiality provisions set forth
elsewhere in this chapter.
The governing body hereby delegates its ministerial and administrative
duties under this chapter to the Compliance Officer.
In rendering its decisions, the governing body shall have the
full authority granted to it pursuant to the federal law to order
cable operators to take any and all actions as the federal law permits,
including, without limitation:
A.
Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law.
B.
Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C.
Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justified the rate charged
as reasonable. Before ordering such a refund; however, the Borough
of Lemoyne shall give the operator notice, and shall give the operator
15 days from the date such notice is given to submit written comment
to the Borough of Lemoyne. Any such refund order shall be further
subject to limitations contained in the federal law.
In the event that a cable operator does not comply with a decision
made pursuant to this chapter and directed specifically toward the
cable operator, the Borough of Lemoyne may assess a fine against the
cable operator of not less than $50 per violation nor more than $600.
It is the intent of the governing body of the Borough of Lemoyne
that, if a court of competent jurisdiction declares any provision
of this chapter to be invalid or ineffective, in whole or in part,
the effect of such decision shall be limited to those provisions which
are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
All other ordinances of the Borough of Lemoyne are repealed
to the extent inconsistent herewith. All franchise agreements between
the Borough of Lemoyne and cable operators are abrogated to the extent,
and only to the extent, inconsistent herewith, except to the extent
abrogation is not required by the Federal Cable Television Consumer
Protection and Competition Act of 1992 or the regulations promulgated
thereunder.
This chapter shall become effective on the seventh day of April
1994.
