A.
A person may apply for an initial cable system franchise
by submitting a request for issuance of a request for proposals (RFP) and
requesting an evaluation of that proposal pursuant to § 6.31C. Upon
receipt of a request for a RFP, the Township shall commence a proceeding to
identify the future cable-related needs and interests of the community and,
upon completion of that proceeding, shall promptly issue a RFP and proposed
franchise agreement, which shall be mailed to the person requesting its issuance
and made available to any other interested party. The applicant shall respond
within the time directed by the Township, providing the information and material
set forth in § 6-31C. The procedures, instructions, and requirements
set forth in the RFP shall be followed by each applicant as if set forth and
required herein. The Township Manager, or his designee, shall be authorized
to seek additional information from any applicant and to establish deadlines
for the submission of that information.
B.
Notwithstanding the provisions of § 6-31C,
a person may apply for an initial franchise by submitting an unsolicited proposal
and requesting an evaluation of that proposal pursuant to § 6-31C.
C.
A RFP for the grant of an initial franchise shall require,
and an unsolicited proposal shall contain, at minimum, the following information:
(1)
Name and address of the applicant and identification
of the ownership and control of the applicant, including: the names and addresses
of the 10 largest holders of an ownership interest in the applicant and affiliates
of the applicant, and all persons with 5% or more ownership interest in the
applicant and its affiliates; the persons who control the applicant and its
affiliates; all officers and directors of the applicant and its affiliates.
(2)
A demonstration of the applicant's technical ability
to construct and/or operate the proposed cable system, including identification
of key technical personnel.
(3)
A demonstration of the applicant's legal qualifications
to construct and/or operate the proposed cable system including, but not limited
to, a demonstration that the applicant meets the following criteria:
(a)
The applicant must not have submitted an application
for an initial or renewal cable franchise to the Township, which was denied
on the ground that the applicant failed to propose a system meeting the cable-related
needs and interests of the community, or as to which any challenges to such
franchising decision were finally resolved adversely to the applicant, within
three years preceding the submission of the application.
(b)
The applicant must not have had any cable franchise validly
revoked by any Township within three years preceding the submission of the
application.
(c)
The applicant must have the necessary authority under
Pennsylvania law to operate a cable system.
(d)
A franchise will not be issued to an applicant that may
not hold the franchise as a matter of federal law. An applicant must have,
or show, that it is qualified to obtain the necessary federal licenses or
waivers required to operate the system proposed.
(e)
An applicant shall not be issued a franchise if, at any
time during the 10 years preceding the submission of the application, applicant
was convicted of any act or omission of such character that the applicant
cannot be relied upon to deal truthfully with the Township and the subscribers
of the cable system, or to substantially comply with its lawful obligations
under applicable law, including obligations under consumer protection laws
and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar
conduct.
(f)
An applicant shall not be issued a franchise if it files
materially misleading information in response to a RFP issued by the Township,
or intentionally withholds information that the applicant lawfully is required
to provide. Notwithstanding the foregoing, the Township shall provide an opportunity
to an applicant to show that it would be inappropriate to deny it a franchise
under § 6-31C(3)(b) or (e) by virtue of the particular circumstances
surrounding the matter and the steps taken by the applicant to cure all harms
flowing therefrom, the lack of involvement of the applicant's principals,
or the remoteness of the matter from the operation of a cable system.
(4)
A statement prepared by a certified public accountant
regarding the applicant's financial ability to complete the construction and
operation of the cable system proposed
(5)
A description of the applicant's prior experience in
cable system ownership, construction, and operation, and identification of
communities in which the applicant or any of its principals have, or have
had, a cable franchise or license or any interest therein.
(6)
Identification of the area of the Township to be served
by the proposed cable system, including a description of the proposed franchise
area's boundaries.
(7)
A detailed description of the physical facilities proposed,
including channel capacity, technical design, performance characteristics,
headend, and access facilities.
(8)
Where applicable, a description of the construction of
the proposed system, including an estimate of plant mileage and its location,
the proposed construction schedule, a description, where appropriate, of how
services will be converted from existing facilities to new facilities, and
information on the availability of space in conduits including, where appropriate,
an estimate of the cost of any necessary rearrangement of existing facilities.
(9)
The proposed rate structure, including projected charges
for each service tier, installation, converters, and other equipment or services.
(10)
A demonstration of how the applicant's proposal will
reasonably meet the future cable-related needs and interests of the community,
including descriptions of how the proposal will meet the needs described in
any recent community needs assessment conducted by or for the Township, and
how the proposal will provide adequate public, educational, and governmental
access channel capacity, facilities, or financial support to meet the community's
needs and interests.
(11)
Pro forma financial projections for the proposed franchise
term, including a statement of projected income, and a schedule of planned
capital additions, with all significant assumptions explained in notes or
supporting schedules.
(12)
If an applicant proposes to provide cable service to
an area already served by an existing cable franchisee, the identification
of the area where the overbuild would occur, the potential subscriber density
in the area that would encompass the overbuild, and the ability of the streets
to accommodate an additional system.
(13)
Any other information as may be reasonably necessary
to demonstrate compliance with the requirements of this chapter.
(14)
Information that the Township may request of the applicant
that is relevant to the Township's consideration of the application.
(15)
An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the application,
acknowledging the enforceability of application commitments, and certifying
that the proposal meets all federal and state law requirements.
D.
In evaluating an application for a franchise, the Township
shall consider, among other things, the following factors:
(1)
The extent to which the applicant has substantially complied
with the applicable law and the material terms of any existing cable franchise
for the Township.
(2)
Whether the quality of the applicant's service under
an existing franchise in the Township including signal quality, response to
customer complaints, level of services, billing practices, and the like, has
been reasonable in light of the needs and interests of the communities served.
(3)
Whether the applicant has the financial, technical, and
legal qualifications to provide cable service.
(4)
Whether the applicant's proposal is reasonable to meet
the future cable-related needs and interests of the community, taking into
account the cost of meeting such needs and interests.
(5)
Whether, to the extent not considered as part of § 6-31C(4),
the applicant will provide adequate public, educational, and governmental
access channel capacity, facilities, or financial support.
(6)
Whether issuance of a franchise is warranted in the public
interest considering the immediate and future effect on the public rights-of-way
and private property which would be used by the cable system, including the
extent to which installation or maintenance as planned would require replacement
of property or involve disruption of property, public services, or use of
the public rights-of-way; the effect of granting a franchise on the ability
of cable to meet the cable-related needs and interests of the community.
E.
If the Township finds that it is in the public interest
to issue a franchise considering the factors set forth above, it shall issue
a franchise, subject to the applicant's entry into an appropriate franchise
agreement. If the Township denies a franchise, it will issue a written decision
explaining why the franchise was denied. Prior to deciding whether to issue
or not to issue a franchise, the Township may hold one or more public hearings
or implement other procedures under which contends from the public on an applicant's
proposal may be received. The Township also may grant or deny a request for
a franchise based on its review of an application without further proceedings
and may reject any application which is incomplete or fails to respond to
a RFP. This chapter is not intended and shall not be interpreted to grant
any applicant or existing franchisee standing to challenge the issuance of
a franchise to another.
F.
If the Township grants a franchise subject to the applicant's
entry into a franchise agreement, the Township and the franchisee shall agree
on the terms of a franchise agreement within 30 calendar days from the date
of Township resolution granting the franchise. This period may be extended
for good cause by the Township. If agreement is not reached with the Township
within 30 calendar days from the date of the Township resolution granting
the franchise, or if the period is not extended by the Township, the franchise
will be null and void without further action by the Township. The Township
shall approve or disapprove the proposed agreement by resolution, or may direct
that it be subject to further negotiation.
A.
A person may apply for an initial franchise by submitting an application containing the information required in § 6-32. Upon receipt of such an application, the Township will evaluate the application, conducting such investigations as it deems necessary. The Township or its designee may seek additional information from any applicant and establish deadlines for the submission of such information.
B.
An application for the grant of an initial franchise
shall contain, at a minimum, the following information:
(1)
Name and address of the applicant and identification
of the ownership and control of the applicant, including: the names and addresses
of the 10 largest holders of an ownership interest in the applicant and affiliates
of the applicant, and all persons with 5% or more ownership interest in the
applicant and its affiliates; the persons who control the applicant and its
affiliates; all officers and directors of the applicant and its affiliates;
and any other business affiliation and OVS ownership interest of each named
person.
(2)
A demonstration of the applicant's technical ability
to construct and/or operate the proposed OVS, including identification of
key technical personnel.
(3)
A demonstration of the applicant's legal qualifications
to construct and/or operate the proposed OVS including, but not limited to,
a demonstration that the applicant meets the following criteria:
(a)
The applicant must not have submitted an application
for an initial or renewal cable or open video system franchise to the Township,
which was denied on the ground that the applicant failed to propose a system
meeting the cable-related needs and interests of the community, or as to which
any challenges to such franchising decision were finally resolved adversely
to the applicant, within three years preceding the submission of the application.
(b)
The applicant must not have had any cable or open video
system franchise validly revoked by any Township within three years preceding
the submission of the application.
(c)
The applicant must have the necessary authority under
Pennsylvania law to operate an OVS.
(d)
An OVS franchise will not be issued to an applicant that
may not hold the franchise as a matter of federal law. An applicant must have,
or show, that it is qualified to obtain the necessary federal licenses or
waivers required to operate the system proposed.
(e)
An applicant shall not be issued a franchise if, at any
time during the 10 years preceding the submission of the application, applicant
was convicted of any act or omission of such character that the applicant
cannot be relied upon to deal truthfully with the Township and the subscribers
of the open video system, or to substantially comply with its lawful obligations
under applicable law, including obligations under consumer protection laws
and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar
conduct.
(f)
An applicant shall not be issued a franchise if it files
materially misleading information to the Township, or intentionally withholds
information that the applicant lawfully is required to provide.
(4)
A statement prepared by a certified public accountant
or other demonstration of the applicant's financial ability to complete the
construction and operation of the OVS proposed.
(5)
A description of the applicant's prior experience in
OVS ownership, construction, and operation, and identification of communities
in which the applicant or any of its principals have, or have had, an OVS
franchise or license or any interest therein.
(6)
Identification of the area of the Township to be served
by the proposed OVS, including a description of the proposed franchise area's
boundaries.
(7)
A detailed description of the physical facilities proposed.
(8)
Where applicable, a description of the construction of
the proposed OVS, including an estimate of plant mileage and its location,
the proposed construction schedule.
(9)
The proposed rate structure, including projected charges
for each service tier, installation, converters, and other equipment or services.
(10)
A proposal for how the applicant would reasonably meet
the future cable-related needs and interests of the community, including descriptions
of how the proposal will meet the needs described in any recent community
needs assessment conducted by or for the Township, and how the applicant proposes
to provide adequate support for public, educational, and governmental access
channel access, including channel capacity, facilities, or financial support
to meet the community's needs and interests that is comparable to that being
provided by a cable franchisee.
(11)
Pro forma financial projections for the proposed franchise
term, including a statement of projected income, and a schedule of planned
capital additions, with all significant assumptions explained in notes or
supporting schedules.
(12)
Any other information as may be reasonably necessary
to demonstrate compliance with the requirements of this Cable Ordinance.
(13)
Information that the Township may request of the applicant
that is relevant to the Township's consideration of the application.
(14)
An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the application,
acknowledging the enforceability of application commitments, and certifying
that the application meets all federal and state law requirements.
To be acceptable for filing, an application submitted after the effective
date of this chapter shall be accompanied by a filing fee in the following
amount (these fees may be increased in an amount equal to the increase in
the Consumer Price Index for the Philadelphia Metropolitan Area using the
year of this chapter as the base year), as appropriate:
The franchise agreement shall specify the construction schedule.
A.
Within 30 days of the grant, the grantee shall provide
the Township with a written progress report detailing work completed to date
on initial construction or a rebuild of a cable or open video system. Such
report shall include a description of the progress in applying for any necessary
agreements, licenses, or certifications and any other information the Township
Manager may deem necessary. The content and format of the report will be determined
by the Township Manager and may be modified at his discretion.
B.
Such written progress reports shall be submitted to the
Township on a monthly basis throughout the entire initial construction or
rebuild process. The Township Manager may require more frequent reporting
if he determines it is necessary to better monitor the grantee's progress.
C.
Prior to the commencement of any initial construction
or rebuild of a cable or open video system, the grantee shall produce an informational
document to be distributed to all residents of the area to be under construction,
which shall describe the activity that will be taking place. The informational
document shall be reviewed and approved by the Township Manager prior to its
distribution.
