[HISTORY: Adopted by the Mayor and Council of the Borough of Blawnox as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-2001 by Ord. No. 523]
As used in this article, the following terms shall have the meanings indicated:
CABLE ACT OF 1992
Cable Television Consumer Protection and Competition Act, Pub. L. No. 102-385, 106 Stat. 1460 (1992).
CABLE OPERATOR
Each cable television operator who is or becomes a party to a franchise agreement with the franchising authority.
CUSTOMER SERVICE STANDARDS
Those standards governing customer service which are prescribed by the FCC existing on the effective date of this article and as may be hereafter amended and may be enforced by the franchising authority.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between a cable operator and the franchising authority, pursuant to which the cable operator was granted a franchise to offer cable television services to subscribers.
FRANCHISING AUTHORITY
Borough of Blawnox, Allegheny County, Pennsylvania.
SUBSCRIBER
A customer of the cable operator(s) receiving cable television service within the geographic boundaries of the franchising authority.
A. 
Within 90 days of receipt by cable operator of written notice from the franchising authority of the franchising authority's intention to monitor and enforce the customer service standards adopted by the FCC, cable operator shall comply with said standards.
B. 
At the next billing cycle after receipt of said notice, as to its existing subscribers, and at or prior to the time of installation for new subscribers, cable operator shall provide its subscribers with notice of its customer service standards, and shall provide said subscribers with the name of the franchising authority and contact person for said franchising authority that the subscriber should contact to report any violation or alleged violation of said customer service standards.
C. 
The franchising authority, upon receipt of a complaint of an alleged violation of the customer service standards, or upon discovery of a violation on its own accord, shall provide notice of the same to cable operator, which may respond thereto within 10 days of said notice.
D. 
Any failure of cable operator to cure a violation of the customer service standards within such time as shall be set by the franchising authority, or to timely respond to a notice from the franchising authority regarding a violation, shall be a violation of this article.
A. 
Cumulative remedies. Where this article provides alternative penalties or remedies, they shall be cumulative and the imposition of one penalty or remedy shall not prevent the franchising authority from invoking any other penalty or remedy provided herein.
B. 
In addition to all other rights and remedies provided herein, the franchising authority shall have all rights and remedies afforded under the franchise agreement.
C. 
Unless otherwise provided, any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is adopted pursuant to Pennsylvania law and the authority given to the franchising authority under the Cable Act of 1992 and the regulations adopted by the FCC thereunder. If any portion of this article shall become invalid or unenforceable as a result of any subsequent federal legislation or FCC regulation, such invalidity and/or unenforceability shall not affect the validity and enforceability of the remainder of this article, and the same shall be interpreted as if the invalid or unenforceable provision were not a part hereof.
[Adopted 11-17-2005 by Ord. No. 554]
A. 
No person may construct a multichannel video system in the Borough to provide multichannel video service in the Borough without first obtaining from the Borough a franchise authorizing the construction of such a system.
B. 
No multichannel video provider may provide multichannel video service to any person in the Borough unless a franchise from the Borough authorizing same is in full force and effect at all times while such service is being provided.
As used in this article, the following terms shall have the meanings indicated:
CONSTRUCT
Includes:
A. 
The installation of lines, fibers or facilities that are in or cross any of the streets or public rights-of-way within the Borough for use as part of a multichannel video system; or
B. 
The connection of other facilities directly or indirectly to previously existing lines, fibers or facilities that are in or cross any of the streets or public rights-of-way within the Borough for use as part of a multichannel video system.
MULTICHANNEL VIDEO PROVIDER (or PROVIDERS)
A person who meets one or more of the following tests:
A. 
The person is a cable operator, as such term is defined in Title VI of the Federal Communications Act of 1934, 47 U.S.C. Sections 521 and following, or is otherwise required to obtain a franchise, as such term is defined in such Act.
B. 
The person is an open video system operator, as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations.
C. 
The person provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any of the streets or public rights-of-way within the Borough. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose.
D. 
The person provides multichannel video service and is otherwise required to obtain a franchise or similar approval under the Borough charter, state law or federal law.
MULTICHANNEL VIDEO SERVICE
Multiple channels of video programming where some or all of the video programming is generally considered comparable to programming provided by a television broadcast station, regardless of the technology used to provide it. Multichannel cable video service specifically includes, but is not limited to, cable service as such term is defined in Title VI of the Federal Communications Act of 1934.
MULTICHANNEL VIDEO SYSTEM
Includes all of the following:
A. 
A cable system, as such term is defined in Title VI of the Federal Communications Act of 1934;
B. 
An open video system, as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations;
C. 
A system which provides multichannel video service, where such service is transmitted in whole or in part via wires or lines that are in or cross any streets or public rights-of-way within the Borough. The preceding sentence shall apply whether the provider owns, leases or otherwise obtains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose; and
D. 
Any other system providing multichannel video service within the Borough where under applicable law a franchise or similar permission or approval from the Borough is required.
PERSON
Individuals, corporations, partnerships, limited liability corporations, limited liability partnerships and any other form of legal entity.