[HISTORY: Adopted by the Board of Supervisors of the Township
of North East 12-30-1977 by Ord.
No. 46. Amendments noted where applicable.]
This chapter shall be known as the "North East Township Cable
Television Ordinance."
The Township of North East, upon application of a legal entity
furnishing cable television, shall be empowered to issue a permit
for the installation, maintenance and operation of a transmitting
and distribution system for television, radio and other audiovisual
electrical signals, which shall include the original installation,
extensions, removal or changes thereof.
The cable television system may be erected on poles, with or
without crossarms, with wires and cables, on or across and under all
streets, alleys and public ways within the Township of North East,
which shall be erected and maintained in a workmanlike manner, and
in accordance with the National Electric Safety Code, the laws of
the Commonwealth of Pennsylvania, and all ordinances of the Township
now in effect or hereafter enacted. The permittee shall locate, install
and maintain its equipment so as not to endanger or interfere with
persons and property or to unnecessarily obstruct the use of the public
ways.
Maps of the cable television system shall be furnished to the
Township of North East.
The cable television system and any part thereof shall be relocated
upon request of the Township of North East. The cost of the relocation
shall be the expense of the permittee.
Permittee shall save the Township harmless from any and all
liability, damage or expense, or to persons or property of others,
which may occur by reason of the cable television service. The permittee
shall, prior to commencing construction of any kind and thereafter,
maintain a policy of insurance which shall name the Township as insured,
said policy to be issued by a company qualified to do business in
the Commonwealth of Pennsylvania, and shall provide for $100,000 property
damage, $100,000 personal injury to each person, $300,000 for each
accident, and shall further provide that it cannot be cancelled without
30 days' written notice to the Township of North East. The Township
of North East Shall be provided with a copy of the policy and any
renewal or replacement thereof, prior to the commencement of construction,
extension, permit renewal or removal of the cable television system.
The policy shall provide for the protection of the Township from and
against actions, suits and liability expense or damage of any kind
or description which may be suffered by the Township or by anyone
by reason of the construction, maintenance or operation of a cable
television system within the Township of North East.
A franchise fee of 3% of the gross revenue received from operation
of the cable television system within the Township of North East shall
be payable to the Township of North East, the minimum annual fee to
be not less than $500; the franchise fee shall be payable semiannually
on or before September 1 for the first six months of each year and
on or before March 1 for the second six months of each year. The Township
or its authorized agent shall have the right to inspect the books
and business records of the permittee during normal business hours
to determine the accuracy of the gross receipts of the permittee derived
from North East Township.
The permittee shall provide cable television service, without
charge, to each Township office building, each fire station, each
police station and each primary and secondary school within the Township
of North East.
The permit issued shall be in accordance with the terms and
provisions of this chapter and may contain such additional terms and
provisions as are reasonable for the operation of a cable television
system within the Township of North East.
The permittee shall conduct its operations and facilities in
accordance with all applicable rules and regulations of any federal,
state or municipal agency.
The permittee as herein provided shall be subject to revocation,
upon 90 days' notice by the Township of North East upon the violation
by permittee of any of the terms and provisions of the permit of this
chapter.
