[Ord. 2-1981, 5/11/1981, § 1]
There is hereby granted by the Council to the Grantee, the continued
right and privilege to construct, erect, operate and maintain, in
upon, along, across, above, over and under the streets, alleys, public
ways and public places now laid out or dedicated, and all extensions
thereof, and additions thereto, in the Borough poles, wires, cable,
underground conduits, manholes, and other television conductors and
fixtures necessary for the maintenance and operation in the Borough
of a cable television system for the interception, sale and distribution
of television and radio signals.
[Ord. 2-1981, 5/11/1981, § 2]
The Grantee shall, at all times during the duration of this renewal franchise [Sections 101 to 110 this Part
4], be subject to all lawful exercise of the police power of the Borough and to such other reasonable regulation as the Council shall hereafter provide.
[Ord. 2-1981, 5/11/1981, § 3]
The duration of the rights, privileges and authorities hereby
granted shall be 15 years from the date of passage of this ordinance
[this Part 4] by the Council. During the 14th year of this franchise
(1994), Borough Council shall appoint a Television Cable Committee
from its members to review the service being provided to the Borough
during the term of this franchise and make timely recommendations
to Borough Council concerning the renewal of this franchise, said
renewal to be for a term of 10 years. Provided, however that such
a renewal of this Renewal Franchise is specifically conditioned upon
a review and approval by the Council at a public proceeding affording
due process, of the Grantee's qualifications and performance,
the adequacy of the franchise provisions, and its consistency with
the Rules and Regulations of the Federal Communications Commission.
[Ord. 2-1981, 5/11/1981, § 4]
The maximum rates charged by the Grantee to subscribers shall
be as follows:
$6 per month for one or two sets during the period of January
1, 1981, to June 30, 1981;
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$6.50 per month for one or two sets during the period of July
1, 1981, to December 31, 1981;
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$7 per month for one or two sets commencing January 1, 1982;
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$1 per month additional for each additional set;
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$15 installation charge for each set - where cable is already
installed;
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$15 reconnection charge;
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$15 transfer charge;
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$15 FM radio installation charge;
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All subsequent changes in said rates shall be subject to prior
approval of the Council after an appropriate public hearing is held
thereon affording due process to all interested parties. However,
Grantee agrees that there will be no rate change prior to January
1, 1983.
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[Ord. 2-1981, 5/11/1981, § 5]
For the use of the streets and other facilities of the Borough
for the operation of the cable television system and for the municipal
supervision thereof, the Grantee shall annually pay to the Borough
the sum of 3% of gross subscriber revenues. The Council reserves the
right to adjust the said fee of 3% of gross subscriber revenues should
the Federal Communications Commission modify its maximum fee allowance.
The first payment shall be made to the Borough on or before January
31, of each year of this franchise. The Grantee shall provide the
Borough with a list of all subscribers and their yearly payments.
Said list to be updated annually.
[Ord. 2-1981, 5/11/1981, § 6]
The Grantee shall hold the Borough harmless from all claims
for damages arising out of the construction, maintenance, or operation
of the said cable television system or other apparatus under the control
of the Grantee. The Grantee shall deliver a Certificate of Insurance
to the Borough showing its amount and type of coverage.
[Ord. 2-1981, 5/11/1981, § 7]
1. The Grantee shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use of the system.
2. Procedures have been adopted by the Borough and the Grantee regarding
the receipt, investigation and resolution of any and all complaints
regarding cable television operations. The procedures include, but
are not limited to, requirements that:
A. Complaints shall be investigated and resolved by the Grantee within
24 hours of receipt thereof, whenever possible;
B. To receive complaints regarding cable television operations, the
Grantee shall maintain a toll free telephone operated so as to receive
complaints, requests for repairs or service, 24 hours per day, seven
days per week;
C. The Company shall be required to maintain a local business office
or agent in the Borough or surrounding area, to receive, and commence
resolution of, complaints regarding cable television service.
3. The Borough hereby designates the Borough Manager to be the officer
responsible for continuing administration of this renewal franchise
and for exercising the authority for impelmenting the complaint procedures
adopted by the Borough and the Grantee.
4. The Grantee shall give written notice to all subscribers, upon subscribing
to the cable television system, which will indicate procedures for
reporting and resolving complaints about cable television service
and will indicate the name of the officer designated in sub-section
(c) of this section whose responsibility it is to implement complaint
procedures.
[Ord. 2-1981, 5/11/1981, § 8]
The Council shall have the right to rescind or revoke the rights
herein granted upon any substantial violation by the Grantee of any
of the obligations and requirements contained herein after written
notice by the Council to the Grantee and continuation of such violation,
failure or default.
A. Such written
notice to the Grantee shall specify precisely the manner in which
the Grantee is in violation, failure or default with respect to the
renewal franchise.
B. The notice
given by the Council shall give the Grantee a specified, reasonable
amount of time within which to correct the violation, failure or default,
but in no event shall the time period be less than 30 days from the
date of receipt of the notice to the Grantee.
[Ord. 2-1981, 5/11/1981, § 9]
If any section, subsection, sentence, clause, phrase, or portion
of this renewal franchise is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, or any state or federal agency
having jurisdiction over such matters, such portion shall be deemed
a separate, distinct, and independent provision and such holdings
shall not affect the validity of the remaining portions thereof.
[Ord. 2-1981, 5/11/1981, § 10]
1. The performance by the Grantee hereunder is subject to limitations,
restrictions, or requirements now existing or which may henceforth
be imposed by law, rules, or order of the Federal Communications Commission
or any other government, board, commission, or authority of any kind.
The Grantee shall not be deemed in breach of any of the requirements
of the renewal franchise to the extent it performs in accordance with
or refrains from doing anything prohibited by such law, rule or order.
2. Should the Federal Communications Commission modify or amend the provisions of Section 76.31 of its Rules and Regulations entitled "Franchise Standards," such modifications or amendments shall be incorporated into this renewal franchise within one year of the adoption of the modification or amendment, or at the time of the renewal at the expiration of this renewal franchise pursuant to Section 3 [Section 103 this Part
4], thereof, whichever occurs first.