[Ord. 62, 10/10/1978]
This Part shall be known and may be cited as the “Smithfield
Township Community Antenna Television Franchise Ordinance.”
[Ord. 62, 10/10/1978]
An arrangement or combination of apparatus whereby television
signals broadcast over the air are received at one or more towers,
antennas or other devises from television stations licensed by the
Federal Communications Commission and other information sources and
which for a consideration are transmitted by means of a coaxial cable
or other suitable device to television receiving sets or subscribers
to such service.
Blue Ridge Cable Television, Inc., the grantee of rights
under this franchise.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All public streets, ways, alleys and parkways owned by or
under the jurisdiction of Smithfield Township.
The governing body of Smithfield Township, Monroe County,
Pennsylvania.
Smithfield Township, Monroe County, Pennsylvania.
[Ord. 62, 10/10/1978]
There is hereby granted by the Township to the Company an exclusive
franchise in the place and stead on the nonexclusive franchise previously
granted, to construct a community antenna television system (CATV)
for television related services as may be prescribed or permitted
by the Federal Communications Commission and to use poles, wires,
conduits and appurtenances under, along, across or upon any or all
public streets, ways, alleys or parkways, as the same now or hereafter
exist within Smithfield Township and within the boundaries of the
said Smithfield Township, and distributing electricity and electrical
impulses and signals for television purposes, namely to produce reproduction
of sights and sounds in combination to the residents of Smithfield
Township, upon the terms and conditions and subject to the limitations
herein set forth.
[Ord. 62, 10/10/1978]
Upon the annexation of any territory to the Township, the portion
of any said utility that may be located or operated within said territory,
upon the streets, alleys or public ways thereof, shall thereafter
be subject to all the terms of this franchise as though it were an
extension made thereunder.
[Ord. 62, 10/10/1978]
The Company shall, at all times during the life of this franchise,
be subject to all lawful exercise of the public power by the Township,
and to such reasonable regulations as the Township shall hereafter
by resolution or ordinance provide.
[Ord. 62, 10/10/1978]
Company shall indemnify and save the Township and its agents
and employees harmless from all and any claims for personal injuries
or property damages, and other claims and costs, including attorney's
fees, expenses of investigation and litigation of claims and suits
thereon which may arise from the installation and/or operation of
Company's television antenna system or any equipment of the Company.
In case suit shall be filed against the Township, either independently
or jointly with said Company, to recover for any said claim or damages,
said Company, upon notice to it by said Township, shall defend said
Township, its agents and employees, against said action, and, in the
event of a final judgment being obtained against said Township, either
independently or jointly with said Company, the said Company will
pay said judgment and all costs and hold the Township harmless therefrom.
For this purpose Company shall carry and at all times maintain on
file with the Secretary of the Township and at all times keep in force,
a public liability policy or policies in the name of Company and the
Township as their respective interest may appear, insuring Company
and the Township against any and all liability arising from the installation
and/or operation of said system, which policy or policies shall be
approved by the Solicitor of the Township. Such liability policy or
policies shall be in the sum of $25,000 from damage to property in
any one accident, and not less than $100,000 for injury or death to
any one person, and not less than the sum of $200,000 for death or
injury to all persons affected by any one accident. Such policies
of insurance shall be issued by a company licensed to do business
in the Commonwealth of Pennsylvania. The Company shall also carry
workmen's compensation coverage for all of its employees subject to
such coverage, and shall submit to the Secretary of the Township a
certificate of insurance showing that workmen's compensation coverage
is in effect.
[Ord. 62, 10/10/1978; as amended by Ord. 128, 4/26/1994]
1.
The Company
shall annually pay a franchise fee to the Township during the life
of this franchise, said fee to be 2% of the total gross revenue, said
fee being for the regulation and privilege of using the streets and
alleys of the Township for the operation of its system. The franchise
fee shall be due and payable on the first day of April of each and
every year hereafter.
2.
“Total
gross revenues” means all cash, credits, property of any kind
or nature, or other consideration whatsoever in any form arising from
or attributable to the sale or exchange of cable communications services
by the franchisee within the Township or in any way derived from the
operation of its cable communications system including, but not limited
to, any interconnection between its system in the Township and any
system whatsoever or the sale, exchange or cablecast of any programming
developed on or for community communications channels of the franchisee's
system. The franchisee's fee shall not be charged to the customer
in addition to other charges.
[Ord. 62, 10/10/1978]
The Company shall during the continuance of this franchise provide
facilities and service sufficient to meet the needs of the public
welfare, and shall maintain its facilities and service up to date
and in keeping with technical progress. Company shall maintain and
operate its system and render efficient service on a minimum of seven
TV channels as permitted by the FCC and in accordance with rules and
regulations as are, or in the future maybe, set forth by the Supervisors
of the Township. The system shall be installed and maintained in accordance
with good engineering practices, and any spurious electromagnetic
radiation must fall within the limits specified by the Federal Communications
Commission. All construction must be done in a good and workmanlike
manner free of obvious defects which may be a hazard to life and limb,
and in conformance with the standards as set forth in he National
Electric Safety Code.
1.
Notice
of Interruption for Repairs. Whenever it is necessary to shut off
or interrupt service for the purpose of making repairs, adjustments
or installations, the Company shall do so at such time as shall cause
the least amount of inconvenience to its customers, and unless such
interruption is unforeseen and immediately necessary, it shall give
reasonable notice thereof to its customers.
2.
Continuous
Service. Company service shall be continuous daily during the regular
telecast operating hours of the stations whose TV broadcasts are being
transmitted.
3.
Non-discrimination
of Service. The Company shall serve any person residing in or owning
property in the Township desiring service who shall pay the charges
hereafter enumerated.
4.
Interference.
The Company shall at all times operate the community system so as
not to adversely affect or interfere with existing radio and television
reception and shall prevent radiation from Company's cables or antennas
located in Township.
5.
Malfunctions.
The Company shall immediately investigate and resolve all service
complaints and equipment malfunctions. The Company shall maintain
a local business office for these purposes in Stroudsburg where a
complete tariff governing the service to customers is on file. Said
tariff shall also be on file with the Secretary of the Township. Notice
of procedure for reporting and resolving complaints shall be given
to each subscriber at the time of initial subscription.
6.
The Secretary
of the Township has primary responsibility for administration of the
franchise and implementation of complaint procedures.
[Ord. 62, 10/10/1978]
The Company shall not further increase rates without first securing
the permission and approval of the Supervisors after a full public
proceeding affording due process. Further, the Supervisors will not
unreasonably withhold approval of a rate increase upon a showing of
the need by the Company or as a result of the modification of copyright
fees by the approving governmental agency. The approval of any changes
in the rates shall be by resolution of the Supervisors.
[Ord. 62, 10/10/1978]
The sole stockholder of the Company is presently Pencor Services,
Inc. The Company shall not sell, transfer or assign this franchise
nor shall its owners transfer majority ownership of their stock of
said Company, unless to one of its wholly owned subsidiaries, without
the approval of the Supervisors which said approval will not be unreasonably
withheld. Provided, further that no sale or transfer shall be effective
until the vendee, assignee or lessee has filed with the Township Secretary
an instrument accepting the terms of the franchise and agreeing to
perform all the conditions thereof.
[Ord. 62, 10/10/1978]
1.
Use. All
transmission and distribution structures, lines and equipment erected
by the Company within the Township shall be located with the approval
of the Supervisors and shall be so located as to cause minimum interference
with the proper use of streets, alleys and other public ways and places,
and to cause minimum interference with the rights and reasonable convenience
of property owners who adjoin the streets, alleys or other public
ways and places.
2.
Restoration.
In case of any disturbance of pavement, sidewalk, driveway or other
surfacing, the Company shall, at its own cost and expense and in a
manner approved by the Supervisors, replace and restore all paving,
sidewalk, driveway or surface of any street or alley disturbed, in
as good condition as before said work was commenced and. shall maintain
the restoration in improved condition for one year.
3.
Relocation.
In the event that at any time during this franchise the Township shall
lawfully elect to alter or change the location or grade of any street,
alley or other public way or if in the opinion of the Supervisors
a pole or pole line interferes with the necessary convenience of the
Township or a property owner, then upon reasonable notice by the Township
the Company shall remove, relay and relocate its poles, wires and
cables or other television fixtures at its own expense.
4.
Placement
of Fixtures.
A.
It is
to be the general policy of the Township and it is understood by Company
that where distribution lines are to be installed along any public
street the same shall preferably be attached to existing utility poles
rather than to additional poles placed by Company, and that where
poles are to be placed in alleys, the same shall be located whenever
possible on the same side of the alley as existing utility poles.
It is understood and agreed that this restriction and limitation shall
extend to any and all streets within the limits of the Township, even
though some of said streets may be part of the State highway system.
Special exception or exceptions may be granted to Company by the Supervisors
upon written application to it by Company, but said exceptions shall
be for good cause shown.
B.
Before
Company sets poles or constructs any structure on Township property
it shall file with the Township detailed specifications showing the
exact location, height and dimensions of the poles or structures to
be erected. The poles or structures shall not be erected thereafter
until such specifications shall be approved in writing by the Supervisors
and the Pennsylvania Department of Transportation has issued a license
when and if required. All wires, cables and other overhead equipment
shall be at such minimum heights as are or may be required of telephone
or power lines by the Public Utility Commission or by the Pennsylvania
Department of Transportation.
C.
Where
the Supervisors of the Township are uncertain as to the exact location
of the limits of the right-of-way of any street or alley, then in
its discretion it may require the same to be surveyed by a surveyor
selected by it, the cost of said survey to be paid by Company.
5.
Tree Trimming.
The Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
wires and cables of the Company, all trimming to be done under the
supervision and direction of the Supervisors and at the expense of
the Company.
6.
Use of
Poles and Fixtures. The Company agrees that it will furnish a copy
of any contract entered into with any utility for the use of their
poles by the Company and setting forth the terms, conditions and duration
of said contract.
7.
Removal
of Wires and Installations from Premises of Subscriber. The Company
shall, on request of any subscriber, promptly remove all wires and
installations from the premises of such subscriber.
8.
Removal of Wire, Poles and Installations from Township Streets. The Company shall remove or cause to be removed from the streets, alleys, and public ways of the Township of Smithfield and from all public property all of the wires, poles and installations of any kind or nature whatsoever which have been installed under the authority of this franchise upon the termination of this franchise, the cessation of operation under this franchise by the Company, its successors or assigns, for any reason whatsoever, or the forfeiture of this franchise under the provisions of § 13-415 herein. In order to insure the performance of this provision, and the provisions, terms and conditions of this Part, the Company shall post an adequate performance bond and continue the same in effect during the term of this franchise, said bond to be in they amount of $5,000 in favor of the Township without surety to be approved as to form by the Township Solicitor.
[Ord. 62, 10/10/1978]
The Supervisors, their Treasurer, Solicitor, auditors or accountant
shall have the right at reasonable times to inspect the books and
records of the Company for the purpose of verifying the statement
of rentals received.
[Ord. 62, 10/10/1978; as amended by Ord. 63, 10/24/1978]
The franchise and rights granted herein shall take effect on
the effective date of this Part and shall continue in force and effect
for a period of 15 years thereafter. At the option of the Company
and with the approval of the Supervisors, upon review of the applicant's
qualifications, the franchise may be extended for additional terms
of 15 years. Any modifications of 76.31 of the Rules of the Federal
Communications Commission shall be incorporated into this franchise
Part within one year of adoption, or at the, time of franchise renewal,
whichever occurs first.
[Ord. 62, 10/10/1978]
The Company shall assume the cost of publication of this Part
as such publication is required by law. A bill for publication costs
shall be presented to the Company by the Secretary of the Township
and upon Company's filing of acceptance shall be paid at that time.
[Ord. 62, 10/10/1978]
The Supervisors may at any time declare a forfeiture of this
grant for violation or default by the Company of any of the terms
thereof, provided that none of the terms of this grant shall be deemed
to be violated so as to permit such forfeiture unless the Company
shall first be given notice by the Township of such violation or default
and of the attempt to declare a forfeiture and thereafter if such
violation or default shall continue for a period of more than 90 days
all the rights and privileges of said Company under the provisions
of this Part may be forthwith declared forfeited and revoked. If any
action shall be instituted or prosecuted directly or indirectly by
the Company, or by its stockholders, or creditors, to set aside or
have declared void any terms of this grant, the whole of this grant
may be thereupon forfeited and annulled at the option of the Supervisors,
to be expressed by ordinance. Provided, however, the Company shall
not be deemed to be in default for performance of any provision of
this grant, nor shall any forfeiture be invoked for any violation
or failure to perform any provision hereof due to strikes, lockouts,
insurrections, acts of God, or any cause beyond the control of the
Company.
[Ord. 62, 10/10/1978]
Whenever, by the terms of this Part, notice is required to be
given by the Township to the Company, it may be given by delivering
to an officer of the Company a paper writing thereof during the ordinary
business hours at the principal office of the Company. Whenever the
Company is required to give notice to the Township it shall do so
be leaving or delivering a paper writing thereof at the office of
the Secretary of the Township during ordinary business hours.
[Ord. 62, 10/10/1978]
The Company will hold the Township harmless from the alleged
violation of any utility franchise previously granted by the Township.
The granting of a franchise under this Part shall not be construed
as any undertaking or guarantee of the efficiency of the Company or
maintenance of the service of Company. The Township assumes no responsibility
for the acts or omissions of the Company other than to require compliance
with this Part.
[Ord. 62, 10/10/1978]
This grant is made upon the express condition that the Company
within 30 days after this Part takes effect and becomes operative,
shall file with the Secretary of the Township a written acceptance
of the same, and when this Part shall have been accepted by the Company,
such ordinance and acceptance shall constitute a contract between
the Township and the Company for all the uses, services and purposes
set forth in this Part, and the Company by its acceptance of the provisions
of this Part binds itself to provide the necessary television antenna
system and to establish, operate and maintain the local television
antenna system contemplated in this Part, continuing without substantial
interruption except for causes beyond its control until the expiration
of the term of this grant. Any rights previously granted to Blue Ridge
Broadcasters by Resolution dated February 2, 1965, are merged in this
Agreement. In the event that said Company fails to file said written
acceptance within the time herein before specified, this grant, together
with any rights or liabilities arising out of the proposal heretofore
made for the furnishing of an adequate television antenna system for
the benefit of inhabitants of said Township, and the acceptance of
such proposal by the Township, shall be of no effect and void.
[Ord. 62, 10/10/1978]
CATV service under this franchise shall be extended within four
years of the date hereof to all portions of this Township (excluding
those areas with a population density of less than 20 homes per mile)
commencing one year after receiving a certificate of compliance from
the FCC and shall cover not less than 20% per year.
[Ord. 129, 9/27/1994]
This Part shall be known and may be cited as the “Township
of Smithfield Community Antenna Television Franchise Ordinance.
[Ord. 129, 9/27/1994]
An arrangement or combination of apparatus whereby television
signals broadcast over the air are received at one Fir more towers,
antennas or other devices from television stations licensed by the
Federal Communications Commission and other suitable device to television
receiving sets or subscribers to such service.
Blue Ridge Cable Television, Inc., or any other CATV company,
which the Township may enter into a franchise agreement with in the
future.
The Township of Smithfield, Monroe County, Pennsylvania.
The governing body of the Township of Smithfield, Monroe
County, Pennsylvania.
[Ord. 129, 9/27/1994]
It is hereby levied and imposed upon the cable company a franchise
fee of 5% of the cable company's gross revenues derived from connections
within the Township of Smithfield as outlined and defined in the franchise
agreement dated November 1, 1994, between the Township and the Company
(Blue Ridge Cable Television, Inc.) or any other franchise agreement
which may be entered into between the Township and any other cable
TV company in the future.
[Ord. 129, 9/27/1994]
1.
The Company
shall annually pay a fee to the Township during the life of this Part.
Said fee is to be based upon 5% of the gross annual receipts of the
company arising within the Township from monthly subscriber service
charges; said fee being for the regulation and privilege of using
the streets and alleys of the Township for the operation of its system.
2.
This Part
shall become effective immediately after enactment by the Township
Supervisors and the fee shall be effective November 1, 1994, per the
agreement with the Blue Ridge Cable Television, Inc., or the fee shall
be effective on the date set forth in a franchise agreement with any
other cable TV company.
