[Adopted 7-19-1988 by Ord. No. 66]
There is hereby granted by the franchising authority
to the grantee the continued right and privilege to construct, erect,
operate and maintain in, upon, along, across, above, over and under
the streets, alleys, public ways and public places now laid out or
dedicated, and all extensions thereof and additions thereto in the
community, poles, wires, cables, underground conduits, manholes and
other television conductors and fixtures necessary for the maintenance
and operation in the community of a CATV system for the interception,
sale and distribution of television and radio signals.
A. Nonexclusive grant. The right to use and occupy said
streets, alleys, public ways and places for the purposes herein set
forth shall not be exclusive, and the municipality reserves the right
to grant the similar use of said streets, alleys, public ways and
places to any person at any time during the period of this franchise.
B. State Highway Department and municipal permits. The
within grant by the municipality is subject to the provisions of the
Code of the Commonwealth of Pennsylvania, particularly, to the provisions
of that code which may require that before any conduits, pipe or other
structures be erected upon or in any portion of a municipal road,
a permit must be obtained from the State Highway Department for such
purpose and such construction is made under the conditions, restrictions
and regulations as may be prescribed in such State Highway Department
permit. In addition, the within grant by the municipality is subject
to the provisions of the municipal ordinances which may require that
a permit be obtained before any conduits, pipe or other structures
be erected upon or in any portion of a road and that such construction
be made under the conditions, restrictions and regulations as may
be prescribed by such permits.
C. Grant of prescribed rights. The within grant is further
subject to the company obtaining any and all necessary easements,
rights-of-way and other grants from any and all property owners who
may be affected by the construction, operation and maintenance of
the aforesaid conductors and fixtures.
The grantee shall, at all times during the duration
of this franchise, be subject to all lawful exercise of the police
power of the community and to such other reasonable regulations as
the franchising authority shall hereafter provide.
A. Building permits. In addition, company shall apply
for and take out any and all building permits required for any construction
to be undertaken by said company.
B. Assignments. The franchise or privilege granted hereunder
shall be fully and freely assignable, but no assignment to any person,
firm or corporation shall be effective until the assignee has filed
with the governing body of the municipality an instrument duly executed,
reciting the fact of such assignment, accepting the terms of this
franchise and agreeing to be bound by such terms.
C. Employment regulations. The company shall recognize
the right of its employees to bargain collectively through representatives
of their own choosing and at all times shall recognize and deal with
the representatives duly designated or selected by the majority of
its employees for the purpose of collective bargaining in respect
to rates of pay, wages, hours of employment or other conditions of
employment and shall not dominate, interfere with or participate in
the management or control of or give financial support to any union.
The company will not refuse to hire or employ nor bar or discharge
from employment or discriminate against any person in compensation
or in terms, conditions or privileges of employment because of age,
race, creed, color, national origin or sex.
D. Emergency use of facilities. The company shall, in
the case of any emergency or disaster, make its entire system available,
without charge, to the municipality or to any other governmental or
civil defense agency that the municipality shall designate.
E. Company liability; indemnification. It is expressly
understood and agreed by and between the company and the municipality
that the company shall indemnify and hold the municipality harmless
from any loss sustained on account of any claim, demand, suit, judgment
or execution whatsoever, resulting from the operation of the company
in the construction, operation or maintenance of its CATV system in
the municipality. The municipality shall notify the company's representative
within 10 days after the presentation of any claim or demand, either
by suit or otherwise, made against the municipality on account of
any damages or losses as aforesaid resulting from the operations of
the company. The company shall furnish, at least 15 days prior to
its commencement of performance of any act or deed, directly or indirectly,
in pursuance of its franchise, but not less than 30 days from the
enactment date of this ordinance, satisfactory evidence, in writing,
that the company has in force and will maintain in force during the
term of this franchise public liability insurance of not less than
$500,000 for bodily injury, including death, for any one person, and
not less than $1,000,000 for bodily injury, including death, arising
out of any one accident and property damage insurance of not less
than $500,000 the same to be duly issued by an insurance company or
insurance companies authorized to do business in the Commonwealth
of Pennsylvania and to have as named insured on said policies of insurance
the Township of Kidder and the Board of Supervisors of the Township
of Kidder. The municipality shall not and does not, by reason of this
ordinance, assume any liability of the company whatsoever for the
injury to persons or damage to property. The aforesaid insurance policy
or policies shall insure the municipality and the company with respect
to the installation, operation and maintenance of the CATV system.
Workmen's compensation insurance shall be carried and suitable evidence
thereof shall be submitted upon request.
A. Municipal rules. The right is hereby reserved to the
municipality to adopt, in addition to the provision herein contained
and existing applicable ordinances, such additional regulations as
it shall find necessary in the exercise of the police power, provided
that such regulations, by ordinance or otherwise, shall be reasonable,
and not in conflict with the rights herein granted, and shall not
be in conflict with the laws of the Commonwealth of Pennsylvania.
B. Use of system by municipality. The municipality shall
have the right, during the life of this franchise, free of charge,
where aerial construction exists, of maintaining upon the poles of
the company within the municipality limits, wire and pole fixtures
necessary for a police and fire alarm system, such wires and fixtures
to be constructed and maintained to the satisfaction of the company
in accordance with its specifications.
The company shall have the authority to promulgate
such rules, regulations, terms and conditions governing the conduct
of its business as shall be reasonably necessary to enable the company
to exercise its rights and perform its obligations under this franchise,
and to assure an uninterrupted service to each and all of its customers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or of the laws
of the State of Pennsylvania or the ordinances of the Township of
Kidder.
A. Use. All transmission and distribution structures,
lines and equipment erected by the company within the municipality
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 or reasonable convenience of
property owners who adjoin any of the said streets, alleys and other
public ways and places.
B. Restoration. In case of any disturbance of pavement,
sidewalks, driveways or other surfacing, the company shall, at its
own cost and expense, and in a manner approved by the Municipal Engineer,
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. Said restoration work shall also be subject to all
of the provisions or ordinances of the Township of Kidder now in effect
or hereinafter enacted.
C. Relocation. In the event that, at any time during
the period of this franchise, the municipality shall lawfully elect
to alter or change the grade of any street, alley or other public
way, the company, upon written notice by the municipality, at least
60 days in advance of proposed action to be taken, shall remove, relay
and relocate its poles, wires, cables, underground conduits, manholes
and other fixtures at its own expense.
D. Placement of fixtures. The company, insofar as it
is reasonably possible to do so, shall locate its wires, cables, conduits,
and other television conductors and fixtures on existing utility poles
of either the electric or the telephone company. The company shall
not place poles or other fixtures where the same will interfere with
any gas, electric or telephone fixtures, water hydrants or mains,
and all such poles or other fixtures placed in any street shall be
placed at the outer edge of the sidewalk and inside the curb lines,
and those placed in alleys shall be placed close to the line of the
lot abutting on said alley, and then in such a manner as not to interfere
with the usual travel on said streets, alleys and public ways.
E. Temporary removal of wire for building moving. The
company shall, on the request of any person holding a building moving
permit issued by the municipality, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting the same, and the company shall have the authority to require
such payment in advance. The company shall be given not less than
48 hours' advance notice to arrange for such temporary wire changes.
F. Tree trimming. The company shall have the authority
to trim trees overhanging upon the streets, alleys, sidewalks, and
public places of the municipality so as to prevent the branches of
such trees from coming in contact with the wires and cables of the
company. All trimming is to be done under the supervision and direction
of the municipality and at the expense of the company.
A. The performance by the company hereunder is subject
to limitations, restrictions or requirements now existing or which
may henceforth be imposed by law, rule or order of the FCC or any
other government board, commission or authority of any kind. The company
shall not be deemed in breach of any of the requirements of this franchise
to the extent that it performs in accordance with or refrains from
doing anything prohibited by such law, rule or order.
B. Should the Congress of the United States, the Federal
Communications Commission and/or the government of the Commonwealth
of Pennsylvania modify or enact new laws relative to all rules, regulations
and requirements governing cable television service, such modifications
and/or amendments shall be incorporated into the cable television
franchise within one year of adoption of the modifications or amendments
or at the time of the renewal of the franchise, whichever occurs first.
If any article, section, subsection, provision,
regulation, limitation, restriction, sentence, clause, phrase or word
in this ordinance is, for any reason, declared to be illegal, unconstitutional
or invalid by any court of competent jurisdiction, such decision shall
not affect or impair the validity of the ordinance as a whole or any
other article, section, subsection, clause, phrase, word or remaining
portion of the within ordinance.
[Amended 9-18-2003 by Ord. No. 66B; 7-18-2013 by Ord. No.
159]
The franchise and rights herein granted shall
take effect on July 19, 2013, subject to the filing of the written
acceptance of the terms of the franchise by the company with the Secretary
of the Township and shall continue in full force for a term of 10
years until July 18, 2023, except as herein otherwise provided.
The company shall render efficient service,
make repairs promptly and interrupt service only for good cause and
for the shortest time possible. Such interruptions, insofar as possible,
shall occur during a period of minimum use of the system. Upon receipt
of a complaint regarding the quality of service, equipment malfunctions
and similar matters, the company shall promptly investigate such complaints.
A. Where possible, the grantee shall investigate such
complaints within 24 hours of its receipt. Resolution of such service
complaints shall be made promptly. In addition, the grantee shall
maintain a toll-free business telephone so operated that complaints
and requests for repairs or adjustments may be received at any time.
B. The grantee shall keep a record of all complaints
from subscribers. The record shall identify the subscriber, his address
and the location and date of the complaint and a technician's report
of the nature and disposition of the complaint. The said record shall
be made available to the governing officials upon request.
[Amended 9-18-2003 by Ord. No. 66B; 7-18-2013 by Ord. No.
159]
The grantee shall annually pay a franchise fee
to the Township for the privilege of operating its cable television
system under this franchise, said fee to be 2% from July 19, 2013,
through December 31, 2013 and 3.5%, effective January 1, 2014, of
the gross revenues derived from cable services within the municipality
(including revenues from all services furnished within the municipality;
for example, basic cable, expanded basic services, premium channels
consisting of HBO, Cinemax, the Movie Channel, and Showtime, and Pay
TV revenues). The grantee shall make payment within 60 days after
the end of each calendar year. The Township acknowledges that this
franchise fee will be passed on to subscribers as permitted by law;
said fee being for the regulation and privilege of using the streets
and alleys of the Township for the operation of its system.
The rights and privileges herein set forth shall
not be assigned or transferred to any successor, assignee or transferee
without the express advance written approval of the Township.
The grantee agrees to reimburse the Township
promptly for any damages caused to Township roads or other Township
property by reason of its exercise of its rights and privileges hereunder.
The Township may, at any time, declare a forfeiture
of this agreement for violation or default by the company of any of
the terms hereof, provided that none of the terms of this agreement
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 intention 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 agreement may be forthwith declared forfeited and revoked
by the Township; provided, however, that the company shall not be
deemed to be in default for performance of any provision of this agreement,
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.
This ordinance shall become effective five days
after enactment hereof as provided by law.