Township of Lower Providence, PA Article IV Regulation of Franchise

§ 6-23 Regulatory authority.

A. The Township shall exercise appropriate regulatory authority under the provision of this chapter and applicable law. This authority shall be vested in the Township Board of Supervisors and administered through the Township Manager or his designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any franchise granted hereunder, and to carry out the Township's responsibilities with regard to cable and open video systems, and cable and other communications services.

B. The Township reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable or open video system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the Township, the Township may, without the approval of the grantee, engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other similar or dissimilar matter.

§ 6-24 Supervision of franchise.

A. The Township shall have the following regulatory responsibility:

(1) Administration and enforcement of the provisions of this chapter and any franchise agreement.

(2) Award, renewal, extension or termination of a franchise pursuant to the provisions of this chapter, the franchise agreement, and other applicable law.

(3) Consent prior to sale or transfer of any franchise granted hereunder.

(4) Performance evaluation.

(5) Rate regulation, to the extent authorized and/or elected by the Township under law. If the Township elects to regulate rates, it will comply with all FCC regulations and permit all members of the public to participate in rate-making proceedings.

(6) Establishment of customer service standards.

B. The Township also reserves the right to perform the following functions and all other functions allowed by law present or future:

(1) Develop objectives and coordinate activities related to the operation of government channels.

(2) Approve procedures and standards for public, government and educational access and operations and services, including the use of dedicated channels and sharing of public facilities.

(3) Analyze plans for expansion, interconnection and growth of cable services which includes copies of all mapping of franchisee's cable plant, amplifiers, and necessary gear to provide services.

(4) Analyze the possibility of integrating cable or open video systems with other local, state or regional telecommunications networks.

(5) Formulate and recommend long-range telecommunications policy for the Township, and determine the future cable-related needs and interests of the community.

(6) Provide the administrative effort necessary for the conduct of performance evaluations, and any other activities required for the administration of the franchise.

(7) Monitor the grantee's training programs for customer service representatives and its process for handling citizen complaints and periodically inspect and analyze the records related to such complaints.

(8) Receive applications for rate changes if applicable and provide staff assistance in the analysis and recommendations thereto.

(9) Monitor the grantee's adherence to operational standards, service requirements and line extension policies.

(10) Assure compliance with applicable laws and ordinances.

(11) Arrange tests and analysis of equipment and performance as needed to insure compliance with this chapter and the franchise agreement.

(12) Assure continuity in service.

(13) Receive for examination all data and reports required by this chapter.

(14) Regulate rates on a regional basis in cooperation with other municipalities.

§ 6-25 Cable Evaluation and Advisory Committee.

A. The Township may in its discretion create a citizen's committee entitled the Cable Advisory Committee. The responsibilities of the Committee shall include, but not be limited to the following:

(1) Monitor and advise the Township Board of Supervisors and Township administration on the performance of the grantee under the provisions of the Township's cable ordinance, franchise agreement, and related ordinances.

(2) Serve as advisory body with respect to the public, educational, and local government access channels of cable or open video systems and any institutional programming that may be developed. Encourage the use of the public channels among the widest range of institutions, groups, and individuals within the Township.

(3) Advise the Township government of objectives to be obtained in the Township's cable and/or open video system based upon its continued evaluation of the Township's cable or open video system franchise(s), cable and communications technology, performance of the grantee(s), and the future cable-related needs and interests of the community.

(4) Prepare an annual report to the Board on the activities of the Committee and the performance of the grantee.

(5) Cooperate with the Township and the grantee in fulfilling its responsibilities herein.

B. The Committee shall be composed of at least three residents of the Township who shall be appointed by the Board and who shall serve without compensation. Members shall not be employees of, nor have any financial interest in, a grantee or parent or subsidiary corporation of a grantee.

§ 6-26 Rates and charges.

A. The grantee shall file with the Township schedules which shall describe all services offered, all rates and charges of any kind, and all terms and conditions relating thereto, on the effective date of the franchise and 60 days prior to any change. Notice of all proposed rate changes must be filed with the Township at least 60 days prior to any change whether the Township has the authority to regulate the rate or not so that the Township can respond to any public inquiries or complaints. If the Township elects to regulate cable system rates pursuant to the Cable Act, the Township will comply with all FCC regulations and permit all members of the public to participate in rate-making proceedings. No rates or charges shall be effective except as they appear on a schedule so filed. grantee shall notify subscribers in writing at least 30 days prior to the implementation of any change in services offered, rates charges, or terms and conditions related thereto. The grantee's written notice shall include a comparison of old and new rates and charges and shall be included in the customer's bill. A complete schedule of grantee's rates shall be mailed to subscribers annually.

B. Grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee from offering discounts to commercial and multiple family dwelling subscribers billed on a bulk basis; promotional discounts, and senior citizens and economically disadvantaged individuals. The grantee's charges and rates for all services shall be itemized on subscribers monthly bills.

C. The grantee shall provide the Township immediately upon receipt with copies of all rate or other complaints received by it and/or the FCC.

§ 6-27 Disposition of cable home wiring.

A. Upon voluntary termination of cable service by a subscriber, nothing herein shall prohibit the operator from abandoning the cable home wiring.

B. Upon voluntary termination of cable service by a subscriber in a single unit installation, a cable operator shall not remove the cable home wiring unless it first gives the subscriber the opportunity to purchase the wiring at the replacement cost, and the subscriber declines. If the subscriber declines to purchase the cable home wiring, the cable operator must remove the cable home wiring within seven days of the subscriber's decision, under normal operating conditions, or make no subsequent attempt to remove it or to restrict its use.

C. Upon voluntary termination of cable service by an individual subscriber in a multiunit installation, a cable operator shall not be entitled to remove the cable home wiring unless it first gives the subscriber the opportunity to purchase the wiring at the replacement cost. If the subscriber declines, the cable operator must give reasonable notice to the multiunit building owner or an alternative cable service provider, where permitted by the multiunit building owner, to purchase the cable service provider, where permitted by the multiunit building owner, to purchase the cable home wiring at replacement cost. If neither the subscriber nor the multiunit building owner opt to purchase the wiring at its replacement cost, the cable system operator is entitled to remove the cable home wiring, but must then remove the wiring within seven days of the subscriber's decision under normal operating conditions, or make no subsequent attempt to remove it or to restrict its use.

D. Replacement costs shall be defined by 47 CFR § 76.802, as amended.