This chapter shall be known and may be cited as the "Springettsbury
Cable Communications Ordinance."
The purpose of this chapter is to establish a Township policy concerning
cable communications within the Township. Cable communications is a relatively
new industry which has proved to be affected with the public interest. As
technology evolves and cable systems are capable of handling additional tasks,
such communications will be increasingly affected with the public interest.
Cable communications should be made available to all segments of the population
and in all areas of the Township. Cable operators should be responsive to
the needs and interests of the community and the widest possible diversity
of information sources and services should be encouraged and assured. Recognizing
that in any given service area a cable system may become monopolistic, competition
on a fair and uniform basis among cable operators is to be encouraged. A cable
communication policy is therefore deemed expedient and necessary for the proper
management, care and control of the Township, its trade and commerce and for
the maintenance of peace, good government and welfare among its residents.
The following words, terms and phrases and their derivations shall have
the meaning herein set forth unless the context in which they are used clearly
requires a different meaning:
ADDITIONAL SERVICE
Any video-audio programming tier or service provided by the cable
operator in addition to basic service which may consist of pay channels, pay-per-view
events or any programming for which a charge in addition to the basic service
charge is imposed.
BASIC SERVICE
Any video-audio programming tier or service provided by the cable
operator consisting of the retransmission of television or audio broadcast
signals and other programming service which the operator makes available to
all subscribers generally.
CABLE ACT
The Cable Communications Act of 1984, as amended, modified or supplemented.
CABLE OPERATOR
Any person or group of persons providing cable service over a cable
system.
CABLE SERVICE
Any services offered by a cable operator over a cable system which
may consist of:
D.
Any combination of such services.
CABLE SYSTEM
A facility or facilities consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that
is designed to provide cable service to persons within the Township.
CABLE USER
Any person who contracts with a cable operator to pay for the transmission
of video or audio signals to subscribers or for communications service.
COMMUNICATIONS SERVICE
Any service offered by a cable operator for two-way communications,
excluding only:
A.
Subscriber interaction which is required, if any, for the selection
of additional service.
B.
Any service regulated as a common carrier or public utility.
FRANCHISE
The right, privilege and authority granted to a cable operator pursuant
to this chapter to construct, maintain or operate a cable system within the
Township.
FRANCHISEE
A person to whom a franchise is granted by the Township pursuant
to this chapter.
OTHER PROGRAMMING SERVICE
Any video-audio information or communication that a cable operator
make available to all subscribers generally.
PERSON
Any individual, partnership, firm, company, corporation, association
or other entity or any group or combination of them.
SUBSCRIBER
Any person who contracts with a cable operator to receive and pay
for basic service or additional service.
TOWNSHIP
The Township of Springettsbury, York County, Pennsylvania.
No person shall construct, maintain or operate a cable system within
the Township unless and until such person shall have applied for and received
a franchise for such system from the Township as herein provided. All cable
system franchises granted by the Township shall be nonexclusive as to territory
and time.
Application for a franchise to construct, maintain or operate a cable
system shall be made in such form and contain such information as the Township
shall, from time to time, specify including, but not limited to, the following:
A. The name and address of the applicant.
B. The location of the applicant's office in the Township
(or in reasonable proximity to the Township).
C. The area of the Township proposed to be served by the
applicant's cable system.
D. The number of dwelling, commercial or other units proposed
to be served by the cable system.
E. Any density factor proposed by applicant as a condition
precedent to offering cable service within the designated area.
F. A plan showing the streets, highways or other public
rights-of-way proposed to be occupied by the cable system.
G. A detailed description of the equipment and physical
facilities of the system.
H. A detailed description of the capacity of the cable system
for video-audio programming and communication services.
I. A description of the cable services proposed to be initially
available from the system together with any planned additions.
J. A proposed schedule of rates and charges to subscribers
of cable service and to cable users.
K. Copies of feasibility studies, if any, which have been
performed by applicant.
The franchise agreement between the Township and the franchisee shall
address all matters provided in this chapter, the requirements of any state
or federal law, rule or regulation applicable thereto and without limitation,
the following:
A. The use of all streets, highways or other public rights-of-way
for the construction or installation of any cable lines, structures or facilities.
B. The use of any right-of-way of any public utility or
the poles, structures or other facilities of such public utility.
C. The use of private property or private rights-of-way
for the construction or installation of cable lines, structures or facilities.
D. Standards of construction and installation of cable lines,
structures and facilities, including code compliance.
E. Minimum insurance requirements of the franchisee insuring
against damages for injury to persons or property.
F. An indemnity agreement for the indemnification of the
Township against claims, losses and costs arising out of the construction,
maintenance or operation of the cable system.
G. The channel capacity, facilities and equipment to be
made available for public, educational or government access.
H. The availability of service to public facilities or institutions.
I. Requirements for recordkeeping by the franchisee and
the availability of such records for audit by the Township.
J. A requirement that cable service charges to subscribers
shall be separately stated on any invoice rendered by the franchisee or in
any agreement between the franchisee and the subscriber. Service charges shall
not be included with or incorporated into any other obligation of the subscriber
to the franchisee unless separated stated.
Each franchise agreement between the Township and a cable operator shall
provide for the payment by such cable operator to the Township of a franchise
fee calculated as a percentage of the operator's gross revenues for cable
service provided by the cable system within the Township. The franchise fee
shall be such percentage as the Township and the franchisee shall agree, but
shall not exceed 5% of gross revenues. Absent any conditions or circumstances
peculiar to the franchisee, the franchise fee shall be uniform with the fee
agreed upon with any other franchisee within one year preceding the date of
the agreement. Franchise fee shall be payable at least semiannually.
The term of each franchise agreement shall be such number of years as
the Township and the franchisee shall agree, but in no event shall the term
exceed 15 years from the date of the agreement. The agreement may be renewed
at the end of the term by application of the franchisee and proceedings not
inconsistent with this chapter.