[Adopted 11-4-2002 by Ord. No. 02-11]
This article shall be known and may be cited as the "Lower Paxton
Township Cable Rate Regulation Ordinance."
This article is enacted pursuant to the Federal Cable Television
Consumer Protection and Competition Act of 1992 and the Federal Telecommunications
Act of 1996, both of which amended the Federal Communications Act
of 1934. Section 623 of the Communications Act, 47 U.S.C. § 543,
states that "any franchising authority may regulate the rates for
the provisions of cable services. . .but only to the extent provided
under this section." This article is also enacted pursuant to the
rate regulations adopted by the FCC contained in Subpart N entitled
Cable Rate Regulation, 47 U.S.C. § 76.900 et seq.
The following terms used in this article shall have the following
meanings:
ASSOCIATED EQUIPMENT
All equipment in a subscriber's home, provided and maintained
by the operator, that is used to receive the basic service tier, 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 is not limited to:
B.
Remote control units; and
BASIC SERVICE
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite 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 or service added to the basic
tier by the cable operator.
CABLE OPERATOR or OPERATOR
Any person or group of persons:
A.
That provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in such
cable system; or
B.
Who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system.
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
CABLE SYSTEM
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 such term does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves subscribers without using any public
right-of-way;
C.
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility shall be considered a cable system (other
than for purposes of Section 621(c) of the Communications Act) to
the extent such facility is used in the transmission of video programming
directly to subscribers unless the extent of that use is solely to
provide interactive on-demand services;
D.
An open video system that complies with Section 653 of the Communications
Act; or
E.
Any facilities of any electric utility used solely for operating
its electric utility systems.
FCC
The Federal Communications Commission.
FRANCHISING AUTHORITY
A governmental or public entity that has filed a Form 328
with the FCC and is certified by the FCC to regulate basic service
and associated equipment rates, oversee the operations of a cable
operator and its compliance with a franchise agreement.
PERSON
An individual, partnership, association, joint stock company,
trust, corporation or governmental entity.
SUBSCRIBER
Any person or entity who contracts with a cable operator
for, and lawfully receives, the video signals and applicable cable
services distributed by the cable system.
The Township has submitted a completed FCC Form 328 with the
FCC and is certified by the FCC as a franchising authority to regulate
basic service and associated equipment rates in accordance with the
applicable regulations of the FCC.
In addition to the regulations contained in this article, the
rate regulations of the FCC contained in Subpart N entitled Cable
Rate Regulation, 47 CFR 76.900 et. seq., as may be amended, are hereby
adopted for the review and determination of reasonable and lawful
rates for basic service and associated equipment.
Only the rates of cable systems that are not subject to effective
competition may be regulated. In the absence of a demonstration by
a cable operator to the contrary, a cable system is presumed not to
be subject to effective competition.
The compliance officer shall be responsible for:
A. Taking such actions on behalf of the Township as may from time to
time be required to obtain or maintain the Township's certification
to regulate basic service and associated equipment rates.
B. Notifying all cable operators serving the Township when the Township
has become certified by the FCC to regulate basic service and associated
equipment rates and has adopted this article.
C. Receiving, filing in the public records of the Township, reviewing
for completeness, and if appropriate, placing on the Board of Supervisors
agenda for consideration, rate regulatory forms and other filings
by cable operators required to be submitted pursuant to applicable
federal law and regulations.
D. Enforcing the provisions of this article and all decisions of the
Board of Supervisors made hereunder to the fullest extent permitted
by federal law and regulations, subject to the oversight and control
of the Board of Supervisors.
E. Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the Board of Supervisors,
to protect the rights of the Township to regulate basic service and
associated equipment rates to the fullest extent permitted by federal
law and regulations.
In rendering its decisions, the Board of Supervisors shall have
the full authority to order a cable operator to take any and all enforcement
actions permitted by applicable federal law and regulations, including,
but not limited to, the following:
In the event that a cable operator does not comply with an order
or decision made pursuant to this article and directed specifically
toward the cable operator, the Township may assess a fine against
the cable operator of not more than $500 per violation. Each day of
continuous violation of any of the provisions of this article shall
constitute a separate violation.
If a court of competent jurisdiction or the FCC declares any
section or provision of this article to be illegal, invalid or unenforceable,
or is pre-empted by federal or state laws or regulations, such section
or provision shall be deemed to be severable from the remaining portions
of this article and shall not affect the legality, validity or enforceability
of the remaining portions of this article.
Ordinance 94-05, entitled "Lower Paxton Township Cable Television
Ordinance," is hereby repealed.