[HISTORY: Adopted by the City Council of the City of Shamokin 6-27-2011 by Ord. No. 11-04. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "The City
of Shamokin Cable Television Franchise Ordinance" or "Ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words in the masculine gender shall include the feminine gender. The
word "shall" is always mandatory and not merely directory.
That tier of cable television service to which all users
must subscribe in order to obtain the retransmission of local broadcast
television signals and for which a charge is made.
The business of furnishing video and/or audio programing
or other information to subscribing customers by means of a cable
television system.
Any facility or group of facilities which, in whole or in
part, receives, modifies or originates television, FM radio or other
electrical or fiber optic signals for the purpose of transmitting
or distributing such signals by wire, cable or other means to subscribing
members of the public or to selected customers, as herein contemplated.
This definition shall include those systems that do not occupy or
cross over or under the public ways and places of the municipality.
Service Electric Cablevision, Inc., its successors assigns.
The City of Shamokin, Northumberland County, Pennsylvania,
acting through its duly consisted governing body.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
From and after the enactment of this chapter, no cable television
system shall be constructed, installed or operated in the municipality
unless such construction, installation and operation shall first have
been authorized by a duly enacted ordinance of the municipality.
Having determined that the continued availability of cable television
service affords significant social, educational and entertainment
benefits to the public in the municipality, and the company has provided
a high quality of such service, responsive to the needs and desires
of residents of the municipality, and such continued service can best
be assured by granting a franchise to the company, and the company
has the legal, character, financial, technical and other qualifications
to continue to construct, erect, own, operate and maintain the cable
television service serving this municipality; the municipality hereby
grants unto the company the nonexclusive right and privilege to construct,
erect, operate and maintain a cable television system in, under, over,
along, across or upon the public streets, highways, sidewalks, rights-of-way
and places within the boundaries of the municipality, to the extent
permitted by law. The municipality also grants the company permission
to attach or otherwise affix or install its cables and other equipment
to and in the facilities of any public utility even though the same
may occupy or cross over or under the public ways and places of the
municipality; provided, however, the municipality shall not grant
a franchise to any other person, firm or entity to operate a system
or provide service within the municipality unless such franchise imposes
at least the same terms, conditions and restrictions upon such person,
firm or entity as herein set forth.
This grant shall be for a period of 10 years from July 1, 2011,
with an option to renew same for an additional five years unless either
the municipality or company gives the other written notice at least
60 days prior to the expiration of the term.
This grant is made upon the express condition that the company,
within 30 days after written notice is given to the company that this
chapter has taken effect and becomes operative, shall file with the
City Clerk or other duly authorized official of the municipality a
written acceptance of the same. When this chapter shall have been
accepted by the company, such chapter and acceptance shall constitute
a contract between the municipality and the company for all the uses,
services and purposes set forth in this chapter. Except as may be
otherwise provided by state of federal law, order or regulation, the
rights and obligations of the municipality and company shall be those
specified herein and shall not be enlarged, diminished or altered
by unilateral action of the municipality during the term of the franchise
or renewal thereof. The company, by its acceptance of the provisions
of the chapter, binds itself to establish, operate and maintain the
local cable television system in order to provide the necessary cable
television service as contemplated in this chapter.
The company shall serve all residents of the municipality except
to the extent that low household density, adverse terrain or other
factors render providing service impracticable or technically or economically
infeasible. The company shall not be required to install, or to extend
the cable television system, to areas of the municipality where potential
revenues from subscribers to be served therein would produce a return
insufficient to economically justify such installation or extension.
Without limiting the generality of the foregoing, if otherwise practicable
and technically feasible:
A.
Service shall be provided at normal installation and monthly service
rates to an individual customer whose point of connection is located
within 150 feet of an in-place distribution cable;
B.
The company, at its cost, shall make an extension of its cable system
where the number of existing households per linear mile of cable to
be passed by the extension equals or exceeds the average number of
households passed per linear mile of existing cable plant within the
municipality.
C.
In no event shall the company be required to make an extension where
the number of existing households to be passed per mile is less than
50. The company shall not be required to install or extend its system
in areas where it cannot:
The performance by the company hereunder is subject to limitations,
restrictions, or requirements now existing or which may henceforth
be imposed by law, rule, order of the Federal Communications Commission
or other government, board, commission or authority. The company shall
not be deemed in default of any of the requirements of this chapter
to the extent it acts in compliance with, or refrains from doing anything
prohibited by, such law, rule or order.
A.
All transmission and distribution structures, lines, and equipment
erected by the company within the municipality shall be so located
as to cause minimum feasible interference with the proper use of streets,
alleys and other public ways, roads and places. The company shall
obtain any required permits prior to construction.
B.
In case of any disturbance of pavement, sidewalk, driveway or other
surfacing by Company, Company shall, at its expense and in a manner
approved by the municipality, replace and restore the same in as good
condition as before said work was commenced.
A.
The company 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.
Upon receipt of a complaint from a subscriber(s) regarding the quality
of service, equipment malfunctions, and similar matters, the company
shall promptly investigate such complaints.
B.
Where possible, the company shall commence an investigation of such
complaints within 24 hours of their receipt. Resolution of such service
complaint(s) shall be made as promptly as possible. The company shall
maintain toll-free telephone access for the receipt of service problems,
requests for the repairs and customer inquiries.
C.
The company shall keep a maintenance service log for a period of
one year that will indicate the nature of each service complaint,
the date it was received, and the disposition of said complaint. Upon
request, this log shall be made available for inspection by the municipality
during normal business hours.
D.
As subscribers are connected or reconnected, the company shall, by
appropriate means such as a card or a brochure, furnish information
to them concerning the procedures for contacting the company, including
its name, address and local telephone number.
E.
The company's construction and maintenance of its transmission
and distribution system shall be in accordance with the provisions
of the National Electrical Safety Code prepared by the National Bureau
of Standards, the National Electrical Code of the National Board of
Fire Underwriters and any applicable state and federal laws or regulations
now in effect or later enacted regulating or affecting Company's
installation or operation.
The company shall save the municipality harmless from all loss
sustained on account of any suit, judgement, execution, claim or demand
whatsoever, resulting solely from the operation of the company in
the construction, operation or maintenance of its system in the municipality.
The municipality shall notify the company within 10 days after the
presentation of any claim or demand, either by suit or otherwise,
made against the municipality on account of any damages or losses
as aforesaid resulting from the operations of the company. Thirty
days from the enactment date of this chapter, the company shall furnish
satisfactory evidence, in writing, that it has in force liability
insurance of not less than a $1,000,000 combined single limit, duly
issued by an insurance company or insurance companies authorized to
do business in this commonwealth.
A.
No landlord shall demand payment from the company for permitting
the company to provide cable television service on or within said
landlord's property or premises; provided, however, that such
landlord may be entitled to reasonable reimbursement for any direct
expenses incurred by him in connection with the installation of cable
television service, and to just compensation for any permanent occupation
of his property resulting from the installation of the company's
facilities therein.
B.
No landlord shall interfere with the installation of cable television
facilities upon his property or premises, nor shall such landlord
discriminate in rental charges, or otherwise, between tenants who
receive cable service and those who do not. No landlord shall demand
or accept payment from any tenant, in any form, for permitting cable
television service on or within his property or premises.
C.
As used in this section, the term "landlord" means any individual
entity owning, controlling, leasing and operating, or managing leased
residential premises.
A.
Beginning July 1, 2011, and continuing during the balance of the
term hereof, as compensation for the rights conferred upon it by this
chapter, including the privilege of engaging in the business of operating
a cable television system in the municipality, the company shall pay
semiannually to the municipality a fee equal to 5% of gross revenues
collected by the company from charges for basic cable television service.
B.
Gross revenues shall not include charges for or revenues from any
source other than basic cable television services.
C.
Payment of such semiannual fees shall be made in arrears. For the
period July 1 through December 31, the payment is due on or before
the ensuing January 31. For the period January 1 through June 30,
payment is due on or before the ensuing July 31. Such fee shall be
reduced by the amount of any tax, assessment, fee or other charge
imposed, levied, made or collected by the municipality upon or from
the company for the privilege of engaging in the business of operating
a cable television system in the municipality.
D.
A summary report showing the amount of gross revenues received by
the company shall be filed with the Secretary of the municipality,
and a copy shall be kept in the office of the company. The municipality
shall have, at its expense, the right within six months of the report
date to inspect at reasonable times the records of the company relating
thereto the extent necessary to verify the payments to which it is
entitled. The said sums of money to be paid by the municipality are
in full payment for the privilege of using the public thoroughfares
of the municipality for the purpose of carrying out this franchise
and conducting it business hereunder.
The company shall assume the cost of publication of this chapter
as such publication as required by law and shall pay the same upon
demand by the municipality.
If in any section, subsection, clause, phrase or portion of
this chapter is for any reason held illegal, invalid or unconstitutional
by any court of competent jurisdiction or by any state or federal
regulatory agency having jurisdiction, such portion shall be deemed
a separate, distinct or independent provision and such holding shall
not affect the validity of the remaining portions of this chapter.
The franchise or privilege granted hereunder shall only be assignable
with the prior written consent of the municipality, which consent
shall not be unreasonably withheld, provided the company may assign,
without written consent, this franchise to its lenders as collateral
security in connection with its financing activities or any business
entity related to the company.
All ordinances or parts of ordinances and resolutions relating
to cable television franchising, including, but not limited to, Ordinance
No. 145 (dated May 2, 1966) as amended by an ordinance dated February
8, 1988; an ordinance dated April 13, 1981, and amended April 13,
1991; and Ordinance No. 01-02, are hereby repealed.
