This article shall be known and may be cited as the "Community Antenna Television Systems Licensing Ordinance of the Township of Egelston."
[Adopted as Ch. 34, Art. II, of the 2006 Code of Ordinances]
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein:
Means and refers to community antenna television systems.
Means a person to whom a license has been issued pursuant to the provisions of this article.
Means an individual person, firm, partnership, association, corporation, company, or organization of any kind.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person desiring to install, erect, construct, operate and maintain a community antenna television system within the Township shall make application in writing, signed by the applicant or his duly authorized agent, to the Township Clerk. Said application shall be accompanied by a general plan of the system and a financial statement, or other evidence of financial capabilities, of the applicant. Said application shall also be accompanied by a filing fee in an amount set by resolution of the Township Board.
A.
Any person duly licensed to operate a CATV system shall at all times be subject to all lawful exercise of the police power of the Township and to such reasonable regulations as the Township shall hereafter by resolution or ordinance provide. Any modifications of Section 76.31 of the Federal Communications Commission Rules resulting from amendment by the Federal Communication Commission shall be incorporated into this article within one year of adoption of the modification, or at the time of license renewal, whichever occurs first.
B.
Renewal of the license by the Township shall be solely within the discretion of the Township Board at the termination of 15 years after the original grant of the license to the licensee.
C.
Any licensee shall have the right, so long as his license is in force and effect, to utilize the streets of the Township for the erecting of facilities for the transmission of television signals as herein authorized from his antenna location or locations to the premises of subscribers. The licensee may erect all necessary wires, cables and appurtenances in the said streets, provided that any such distribution systems shall comply with all applicable laws and regulations and ordinances and all of the licensee's wires and cables suspended from poles in the streets shall comply with the minimum clearances above ground required for telephone lines, cables, wires and conduits; provided, however, the licensee first complied with all requirements of the county road commission, and first obtains a permit from said commission to work in the right-of-way of any road under their jurisdiction. The placement of any necessary poles shall be subject to the approval of the Township Supervisor. The licensee may, at its option, authorize the installation of such wires, cables, conduits, poles and appurtenances by others for the licensee's use, and all such wires, cables, conduits, poles and appurtenances placed or installed by others for the use of the licensee shall be subject to the same regulations as if the licensee installed them.
D.
All transmission and distribution structures, lines and equipment erected by the licensee on his behalf within the Township shall be so located as to cause minimum interference with the rights and reasonable conveniences of property owners who adjoin any of said streets, and existing poles for electric and communication purposes shall be utilized wherever possible and practicable.
E.
In case of any disturbance of a public facility including, but not limited to, a sewer, water line, pavement, sidewalk, driveway or other surfacing, the licensee shall, at their own cost and expense, and in a manner approved by the Township Supervisor, replace and restore the public facility disturbed in as good a condition as before said work was commenced.
F.
In conduit districts now or hereafter established by ordinances of the Township, and as hereafter amended or altered, and in such other areas of the Township in which telephone lines and electric utility lines are underground, all of the licensee's lines, cables and wires shall be underground. The licensee may charge an installation fee in addition to the normal installation fee, in situations provided for in the schedule of rates.
Each applicant shall, in his application, agree to save the Township harmless from all loss sustained by the Township on account of any suit, judgment, execution, claim, or demand, whatsoever, resulting from negligence or other errors, acts or omissions on the part of the licensee in the construction, operation, or maintenance of his CATV system in the Township resulting in such suit, judgment, execution, claim, or demand. The Township shall notify any licensee within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the Township on account of any negligence as aforesaid on the part of such licensee.
Each applicant shall in his application demonstrate by a certificate of insurance that he is protected by liability insurance, issued by an insurance company authorized to do business in the state, against claims for property damage in the amount of $100,000 for any one accident and for personal injuries in the amount of $200,000 for a personal injury to any one person, and $500,000 for all personal injuries resulting from any one accident.
Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the licensee shall do so at such time as will 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.
The licensee shall pay to the Township, for the privilege of operating a CATV system under this article, a sum equal to 3% of the licensee's gross subscriber revenues per year from cable television operations in the Township.
A.
Rates to be charged for service hereunder shall be fair and reasonable and designed to meet all necessary costs of the services including a fair rate of return on the net valuation of the properties devoted thereto. The licensee agrees that he shall be subject to all authority now or hereafter possessed by the Township or any regulatory body having competent jurisdiction to fix just, reasonable, and compensatory television signal distribution rates. When its license shall take effect, the licensee shall have authority to charge and collect fees, not to exceed the schedule of rates attached to and made part of the licensee's application. The schedule of rates shall include and make reference to specific charges for all services offered by the licensee.
B.
The Township shall have the right to approve the rates charged subscribers. There shall be no change in the rates charged for installation of equipment or subscriber services without the express consent of the Township Board after an appropriate full and public proceeding affording due process. The licensee, should it desire to adjust said rates, must make a proposal in writing to the Township Board through the Clerk at least 60 days prior to the effective date of a suggested adjustment.
C.
If, during the term of its license, the licensee receives refunds or if the cost to the licensee of receiving the television signals which it relays is reduced by order of any regulatory body having competent jurisdiction, the licensee shall pass on to its customers such refunds or any savings resulting from such reduced costs.
The licensee shall not make or grant preference or advantage to any person, nor subject any person to any prejudice or disadvantage; provided, however, that nothing in this article shall be deemed to prohibit the establishment of a free-of-charge service to public or private educational institutions, hospitals, charitable institutions, and such public buildings as fire stations, police stations, or the Township hall; provided further, however, that nothing in this article shall be deemed to prohibit higher rates or charges for areas wherein there is a population density of less than 50 homes per mile as long as any additional amount over the standard rates and charges is in proportion to the lesser income from subscribers incurred due to the lesser density or to higher installation charges.
The Township shall have access at all reasonable hours to all of the licensee's plans, contracts, and engineering, accounting, financial, statistical, customer and service records relating to the property and the operation of the licensee in the Township and to all other records required to be kept hereunder. The following records and reports shall be filed with the Clerk and in the local office of the licensee:
A.
Copies of such rules, regulations, terms and conditions as are adopted by the licensee for the conduct of his business, if any.
B.
An annual summary report showing gross revenues received by the licensee from his operations within the Township during the preceding year, and such other information as the Township shall request with respect to properties and expenses related to the licensee's service within the Township.
The licensee shall pay to the Township treasurer the licensee fee mentioned in § 372-8 above within 30 days after each half of its fiscal year, following its inception of service to subscribers located in the Township. At the same time it shall file with the Clerk a summary report of gross revenues received by the licensee during such period from his subscribers located within the Township.
No transfer or assignment of the license granted hereunder shall be effective unless the prospective transferee or assignee files an application for approval of assignment of transfer with the Clerk. The Clerk shall issue a certificate of approval of assignment or transfer of a license only if the application therefor complies with all the requirements of this article, and upon approval by the Township Board of the transferee's or assignee's legal, character, financial, technical, and other qualifications, as well as the adequacy and feasibility of the transferee's or assignee's construction arrangement, after a full public hearing affording due process, which shall be promptly held, Township shall approve or disapprove the transfer within 30 days of the application.
The licensee shall carry on coaxial cable all local television stations, present and future, without significant degradation to signal. When a station is entitled to the program exclusively, it shall not duplicate any locally broadcast program, except upon compliance with all applicable Federal Communications Commission Rules pertaining thereto. The CATV system shall not originate any program other than time, weather, and music on any cable channel except as directed or permitted by the Federal Communications Commission. The CATV system shall not interrupt or interfere with the regular programming of any originating station carried on cable except to eliminate duplication as stated above or except as required or permitted by FCC regulations or by other provisions of law.
Each applicant shall save the Township harmless from all loss sustained by the Township on account of any suit, judgment, execution, claim or demand whatsoever resulting from a dispute over programming, provided that the Township has in no way consented to or caused in whole or in part the events or situations involved in such dispute. The Township shall notify any licensee within five days after the presentation of any summons, claim or demand made against the Township on account of any such dispute involving the licensee.
The licensee shall agree to construct its cable television system in accordance with the building and electrical codes of this Township, to the extent same shall apply.
The licensee shall supply its facilities to all residents of the Township who may request this service where there is a population density of 50 homes per mile of system or more, and such residents are located in such an area which is contiguous to an area in which the licensee's system exists. The licensee shall maintain a centrally located business office open at all reasonable hours to all persons in the Township who desire the services of the licensee. Within one year from the acquisition by the licensee of its certificate of compliance from the Federal Communications Commission pursuant to Section 76.11 of the Commission's Rules, the licensee shall have accomplished significant construction of its system. Thereafter, each year the licensee shall equitably and reasonably extend its energized trunk cable to include an additional 20% of its total licensed area that has a population density of at least 50 homes per mile and is contiguous to an area in which the licensee's system exists.
The licensee shall provide one studio, which shall be available for local productions on such channel or channels as may from time to time be available. The studio shall be equipped to cable-cast or videotape programs in the studio for use for productions and shall include equipment capable of recording and playing three-quarter-inch videocassettes. Reasonable charges may be made for the use of the studio and equipment and such charges, including changes therein, shall be set forth on a schedule and available at the offices of the licensee.
No person shall own or operate a community antenna television system in the Township except by license issued said person pursuant to this article. The Clerk shall issue a CATV license only upon receipt of an application which complies with all other requirements of this article, and upon approval by the Township Board of the licensee's legal, character, financial, technical, and other qualifications, as well as the adequacy and feasibility of a licensee's construction arrangements, after a full public proceeding affording due process. Such license shall authorize the operation of a community antenna television system within the Township, subject to the provisions of this article, for a period of 15 years from the date of issuance, provided the licensee is approved by the Federal Communications Commission. Renewals, unless revoked by the Township, likewise shall remain in force and effect for a period of 15 years.
Any license issued by the Township may be revoked by the Township Board for failure of the licensee to properly perform under the provisions of this article or for not providing satisfactory service to its customers within the Township. Any time that the Township Board receives a written complaint regarding service or violations of this article and if the Township Board either on its own motion or in response to said complaints determines that there is probable cause for so finding, the Township Board may notify the licensee in writing that it intends to hold a hearing regarding the revocation of the license. Said notice shall give the licensee reasonable time to appear at such hearing and shall set forth the reasons for any proposed revocation. After the said hearing has been held, the Township may, if it finds just cause to revoke the license, issue its determination that the license is revoked, setting forth the basis upon which the said determination is made. In the event of such revocation, thereafter the licensee shall not transmit any further signals for television or the transmission of any other services normally provided on the cable television system, and the licensee's right to utilize the streets of the Township shall be immediately terminated. The licensee shall remove all poles, conduits, wires, cable and appurtenances and shall restore the land upon which said incidents of the television system are erected to its former condition.
In the event the license is construed to constitute a franchise within the meaning of the state constitution, or in the event any person complains in writing to the Board that a license issued hereunder constitutes a franchise, and if it further appears that in the Township Board's opinion the revocation provisions do not constitute revocation at will by the Township, the Township Board may on its own motion and without requiring judicial findings, require a referendum before approving the grant of the license under this article.