[HISTORY: Adopted by the Board of Supervisors of Edgmont Township 8-7-1984 by Ord. No. 84. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Edgmont Township Community Antenna Television Ordinance."
Upon application duly made, the Township of Edgmont may grant the nonexclusive right to erect, maintain and operate television transmission and distribution facilities and additions thereto in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys and other public places in the Township of Edgmont (hereinafter referred to as "the Township") for the purpose of transmission and distribution of audio and visual impulses and television energy and digital information with the laws and regulations of the United States of America, of the State of Pennsylvania, and of the Township. The Township may promulgate a form for the making of application pursuant hereto, and in the event that such a form is promulgated, then application shall be made only on such form. Any right granted pursuant to this chapter shall be conditioned on the faithful performance and observance of the conditions, regulations and reservations herein specified and shall further be conditioned upon the prompt payment of the amounts provided for herein.
Whenever used in this chapter, the word "television" shall mean a system for transmission of audio signals, visual images, and/or digital information by means of electrical impulses.
A. 
To the extent possible, all facilities erected, maintained or operated pursuant to this chapter shall be attached to poles already in existence in the Township. To the extent that existing poles are insufficient for the purposes hereof, or if anyone being granted the right hereunder (hereinafter referred to as "licensee") is unable to negotiate agreements satisfactory to licensee providing for use of existing poles, the licensee shall have the right to erect and maintain its own poles as necessary for the construction and maintenance of its television distribution system subject to the approval of the location of such poles by the Township Engineer; provided, however, that the approval of the Township Engineer shall not be granted for the installation of such poles when, in the professional opinion of the Township Engineer, the installation of such new transmission facilities underground is feasible, considering engineering criteria only; and provided further that all residential areas of the Township which are now or in the future served by underground electrical utilities shall be served only by underground transmission and distribution facilities. Otherwise, the approval of the Township Engineer shall not be unreasonably withheld.
B. 
The licensee shall have the right, authority, power and privilege to attach any of its system facilities to any existing or future poles, towers or other electrical facilities owned by Township in a manner which will not interfere with the use of such poles, towers and other electrical facilities owned by the Township, provided that no such attachment shall take place unless 72 hours' prior notice has been given to Township and Township has failed to object to such attachment. The Township shall not unreasonably object to any such attachment.
C. 
The Township hereby states its desire that all holders of public licenses and franchises within the corporate limits of the Township shall cooperate with every licensee hereunder to allow usage of existing poles and pole line facilities wherever possible and wherever such usage does not interfere with the normal operation of said poles and pole lines so that the number of new or additional poles constructed in the Township shall be minimized.
D. 
Each licensee shall extend to the Township, free of any expense, joint use of any and all poles owned by any licensee or any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of the licensee's own wires and fixtures. The Township shall hold each licensee harmless from any and all action, causes of action or damage caused by any action of the Township in placing wires or appurtenances upon the poles of the licensee.
E. 
Insofar as it is within the power of the Township to grant the following right, the approval of any application made hereunder shall grant to licensee whose application is approved, the authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks, and other places within the Township, but only to the extent necessary to prevent the branches of such trees from coming into contact with the facilities of the licensee.
F. 
Each licensee whose application is approved pursuant to this chapter shall construct an all-bands system capable of providing 52 channels of television reception and FM radio to the licensee's subscribers, and installation and maintenance of equipment shall be such that standard color signals shall be transmitted to subscribers.
A. 
All structures, lines and equipment erected by any licensee within the Township shall be located so as not to interfere with the use of streets, alleys, easements and other public ways and places or with the rights and reasonable convenience of property owners, and each licensee shall comply with all ordinances of the Township now or hereafter in force.
B. 
In case of any disturbance of pavement, sidewalk, driveway or other surface, the licensee shall, at its own expense, and in a manner approved by Township, remove, replace and restore all pavement, sidewalk, driveway or surface so disturbed to as good condition as before such disturbance.
C. 
In the event Township shall at any time lawfully elect to alter or change any street, alley or other public way requiring the relocation of any of the facilities of any licensee, licensee, upon reasonable notice, shall remove and relocate any such facilities at licensee's own expense.
D. 
Whenever it shall be necessary for any licensee to raise or lower its lines to permit the moving of any machinery or equipment or any building or other structure, the licensee shall accomplish the same upon the request of any person lawfully entitled to move such machinery equipment or building or other structure. The actual expense of raising or lowering or temporarily removing the licensee's lines shall be paid by the person requesting the same, and the licensee shall have the right to require payment in advance of the reasonably estimated cost of such raising, lowering or temporary removal; provided, however, that if the raising or temporary removal shall be necessary for Township purposes and shall be done at the request of the Township, then such raising, lowering or temporary removal shall be accomplished by the licensee at no charge to the Township.
E. 
All poles, lines, structures and other facilities of the licensee in, on, over or under the streets, sidewalks, alleys, easements and other public grounds or places within the Township shall be maintained at all times by the licensee in a safe and appropriate condition.
F. 
Each licensee shall furnish, free of charge, at least one service distribution connection to each school, fire station, police station, Township administration building, and public library located within the service area within the Township and along any of the licensee's transmission line routes and shall make a channel available for public use and for use by persons and organizations in the Township and in the school district of which the Township is a part.
A. 
Each licensee shall, at all times, be subject to such regulation as the Township shall have in force or shall hereafter lawfully enact, either by ordinance or resolution or otherwise; provided, however, that nothing herein contained shall be deemed to render any licensee a public utility except as may be otherwise provided by the laws of the Commonwealth of Pennsylvania.
B. 
Each licensee shall maintain and operate its system and render efficient service in accordance with such rules and regulations as are now or hereafter established by the Township.
C. 
Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, installations or adjustments, the licensee shall do so at such time as will cause the least amount of inconvenience to its customers, consistent with the needs and requirements of the licensee.
D. 
Each licensee shall maintain telephone service, which shall be toll free to the caller for calls originating from within Edgmont Township, for the purpose of receiving inquiries and complaints from the licensee's customers and from the general public. Each licensee shall provide sufficient maintenance personnel to respond to routine service calls within 24 hours during the period from 9:00 a.m. through 5:00 p.m., Mondays through Fridays, except in the case of major outages due to storms, civil unrest or acts of God.
Each licensee shall, as a condition of approval of its application, enter into an agreement with the Township saving Township harmless from any and all loss sustained by the Township by reason of any suit, judgment, execution, claim or demand whatsoever resulting from any action on the part of the licensee in the construction, operation or maintenance of its television system. For this purpose, each licensee shall carry property damage and public liability insurance with an insurance company qualified to do business in the Commonwealth of Pennsylvania. Each licensee shall carry at least the following minimum amounts of insurance: liability owing to damage to property, $500,000 per accident; against liability owing to injury to or death of persons, $1,000,000 per person and $5,000,000 per accident; provided that the Township may require increases in such minimum amount from time to time to provide for inflation. Each licensee shall also carry workmen's compensation insurance and other such insurance as may be required by the laws of the Commonwealth of Pennsylvania in such amounts as may be required. The Township shall notify a licensee within 30 days after the presentation of any claim or demand, either by suit or otherwise, made against the Township on account of any activity as aforesaid on the part of any licensee, provided that the failure of the Township to notify the licensee shall not relieve the licensee of its obligations hereunder unless the licensee is actually prejudiced as a result of the failure of the Township to notify it as to any claim or demand. As a condition of the approval of any application hereunder, the Township may require the posting of bond, with such surety as the Township deems appropriate, in form satisfactory to the Township and in such amount as the Township deems satisfactory to guarantee that all undertaking and obligations of each licensee pursuant to this chapter shall be performed in a timely manner.
The licensee shall have the right to charge and collect compensation from all subscribers to whom it shall furnish service, but the licensee shall not as to rate, charges, service, facilities, rules and regulations, or any other respect, make or grant any preference or advantage to any customer or subject any customer to any prejudice or disadvantage, but nothing herein contained shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules, provided that the classification of customers shall be reasonable and any customer coming within a particular classification shall be entitled to the same rates as any other customer coming within that classification. Rates shall be the same for all classifications of customers served by licensee from similar facilities. Nothing herein contained shall prevent any licensee from providing a preferential rate or free service to the Township or for any public purpose.
Rights granted to any licensee hereunder shall take effect and be in full force from and after the date upon which each application is approved by the Township. The rights granted hereunder shall continue in full force and effect for an initial period of not less than 15 years from the date of application approval, and each licensee whose application is approved shall have the right to renew the rights granted hereunder for an additional term of 15 years under the terms hereof from and after the expiration date of the initial fifteen-year period. The right to renew for the additional period shall be exercised by the licensee in the following manner only: by giving the Township notice, in writing, of the licensee's election to exercise the option, which notice shall be given not less than six months nor more than two years prior to the expiration of the initial term granted hereunder; such notice to be either personally served or mailed, certified or registered mail, return receipt requested, to the Township at the Township's administrative offices.
If any licensee should violate any of the terms, conditions or provisions of this chapter, or if the licensee should fail to comply with any lawful provision of any ordinance of the Township regulating the use by any licensee of streets, alleys, easements or public ways of the Township, or if any licensee should violate any other lawful rule or regulation applicable to it and continue to violate the same for a period of 30 days after licensee shall have been notified, in writing, by the Township to desist from such violation, the licensee may, at Township's option, be deemed to have forfeited and annulled all rights and privileges granted hereunder. If the rights granted hereunder are forfeited pursuant to this § 137-10, the licensee may dispose of its property located within the Township in any lawful manner.
In order to render the service contemplated by this chapter, each licensee may require service from a point-to-point microwave service common carrier licensed by the Federal Communications Commission. Within 120 days after approval of its application hereunder, the licensee shall submit an order for service with a qualified carrier. If the licensee shall not, within six months from the date the qualified carrier completes construction of the facilities necessary to serve the licensee, have commenced the installation of its television distribution system, or in the event the licensee does not place an order for service with a qualified carrier, as required above, the approval of the licensee's application may be revoked and cancelled by the Township. In any event, if the licensee shall not, within two years from the date of approval of its application, have begun to supply its television distribution service to residences outlined on the attached service area map, either with cables or microwave distribution system, within two years from the date the first customer in the Township is provided such service, the approval of the licensee's application may be revoked and cancelled by the Township.
A. 
Each licensee shall pay to the Township an amount which, when added to the amount of all taxes, licenses, fees or impositions levied or imposed by the Township upon each licensee or upon its property or operations for the preceding calendar year, will equal 3% of the gross service revenues received by the licensee from its operations within the Township. Gross service revenues as used herein shall mean the gross annual amount of regular monthly fees paid by subscribers within the service area of the Township for basic cable services. The payments required hereunder shall be due within 90 days after the end of each calendar year.
B. 
Each licensee shall keep records of account showing the date and amount of all payments received. The duly authorized agent of the Township shall have the right, at its expense, to inspect and audit the licensee's records of gross revenues of any licensee at any reasonable time.
C. 
Nothing herein contained shall be construed as requiring any licensee to pay the Township any portion of the revenue derived from the sale of its services by the licensee to customers residing outside the corporate limits of the Township; provided, however, that upon annexation to the Township of any territory not now within the corporate limits of the Township, the portion of the licensee's facilities that may be located within such annexed territory and upon the streets, alleys and public grounds thereof shall thereafter be subject to all of the terms of this chapter.
No licensee hereunder shall engage in the business of sale or repair of television receivers owned by its subscribers, nor will any licensee be responsible for the operating condition of said receiver. Any service furnished by any licensee to a subscriber pursuant to this chapter shall terminate at the point of connection of the licensee's facilities to the subscribers' receiver.
Nothing herein contained shall be deemed to render any right granted hereunder to be exclusive to any licensee.
The rights granted hereunder may not be assigned or transferred by any licensee, except with the approval of the Township first had and obtained, in writing, which approval may be withheld only for good cause shown, but as a condition of granting approval of transfer or assignment, the Township may require the proposed transferee or assignee to submit reasonable information concerning itself, to submit the same information as would be required in connection with making a new application hereunder, and to execute an appropriate instrument signifying the acceptance by the transferee or assignee of all of the terms and conditions of this chapter and agreeing to perform same.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.