[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.
SUBSCRIBER
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
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.
This article shall become effective immediately upon adoption.
[Adopted 11-17-2005 by Ord. No. 554]
The Borough will act expeditiously on any request for a franchise
so as to allow the prompt provision of service while ensuring that
the public interest is met and that residents are not discriminated
against based on race, ethnic status, income, area in which they live
or other inappropriate basis.
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.