All terms in this chapter shall have the meaning given to them by
the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as amended. In addition, for purposes of this chapter, the
following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number
include the plural number, and the use of any gender shall be applicable
to all genders whenever the sense requires. The words "shall" and
"will" are mandatory and the word "may" is permissive.
ACT
The Cable Communications Policy Act of 1984, as amended.
APPLICANT
Any person who applies for a franchise or the renewal of
a franchise under this chapter.
BOARD OF SUPERVISORS
The duly elected members of the Board of Supervisors of the
Township of East Earl.
COMPANY
The grantee of rights of the nonexclusive cable television
franchise.
FRANCHISE
The nonexclusive rights granted pursuant to this chapter
to construct and operate a cable system along the public ways in the
Township or within specified areas in the Township, and is not intended
to include any license or permit required for the privilege of constructing,
transacting and carrying on a business within the Township as may
be required by other ordinances of the Township or the laws of the
Commonwealth of Pennsylvania or the laws of the United States of America.
FRANCHISE AGREEMENT
The agreement duly executed by the authorized members of
the Board of Supervisors and the applicant granting a franchise to
an applicant pursuant to the provisions of this chapter.
FRANCHISE AREA
The corporate limits of the Township, including all territory
thereafter annexed to the Township.
FRANCHISEE or GRANTEE
The person granted a franchise pursuant to this chapter and
its lawfully approved successor, transferee or assignee.
GROSS REVENUES
Any and all compensation or receipts derived from installation,
disconnection and reinstallation charges, as well as income from service
changes imposed upon residents of the Township, including basic service,
premium service, and pay-for-view charges. These gross revenues shall
not be reduced for any purposes other than provided herein, and shall
be the basis for computing the franchisee fee imposed by this chapter.
These gross revenues shall not include converter deposits or refunds
to subscribers by the franchisee, or items excluded by the federal
Cable Communications Policy Act of 1984.
PERSON
An individual, firm, corporation, cooperative association,
trust, partnership, joint venture, combination or any other legally
recognized entity.
PRIMARY SERVICE AREA
All portions of the franchise area having an average density
of 35 or more dwelling units per mile of trunk or distribution cable
within the franchisee area.
STREET
The surface of and the space above and below any public street,
road, highway, freeway, easement, lane, path, alley, court, sidewalk,
parkway or driveway now or hereafter existing within the Township.
SUBSCRIBER
Any person who receives basic cable service from the franchisee
and who does not further distribute such service or services.