[Adopted 5-20-1998 by Ord. No. 3489; amended
in its entirety 7-19-2023 by Ord. No. 4272]
The purpose of this article is to establish general guidelines
for the siting of wireless communications facilities within the public
right-of-way (ROW). The goals of this article are to:
A. Provide procedures and guidelines for the location, placement and
construction of wireless communications facilities in the Township
right-of-way and for payment of fees and charges that are uniformly
applied to all persons.
B. Provide clear performance standards and review requirements addressing
the siting of wireless communications facilities.
C. Encourage the co-location of wireless communications facilities on
existing structures, including utility poles and other infrastructure
in the right-of-way where technically feasible.
D. Ensure that wireless communications facilities will be safe and blend
into their environment to the greatest extent possible.
E. Encourage co-location and site sharing of new and existing wireless
communications facilities.
F. Encourage the use of public property and structures for wireless
communications facilities to the greatest extent possible and provide
for mechanisms to achieve fair and equitable rental for the use of
such property in compliance with state and federal law.
G. Enhance the ability of providers of wireless communication services
to provide such services to the Township quickly, effectively and
efficiently.
H. Establish guidelines and standards for the construction, installation,
maintenance and operation of small wireless communications facilities
in the ROW.
I. Preserve the residential character of adjacent neighborhoods.
J. Comply with applicable state and federal laws and regulations, including
but not limited to Pennsylvania Act 50 of 2021 and the Telecommunications Act of 1996.
As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, and cabinets.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
APPLICANT
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
EMERGENCY
A condition that
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
FCC
Federal Communications Commission.
MICRO WIRELESS FACILITY
A small wireless communications facility that:
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
PERSON
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited-liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Township, or to any department or agency of
the Township.
REPLACEMENT
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)
A wireless communications facility located within the right
of way that meets the following criteria:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height;
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the co-location
of new antenna facilities; and
B.
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
D.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
E.
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
F.
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless communications facility or its design
or site location can be implemented without a material reduction in
the functionality of the small wireless communications facility.
UTILITY POLE
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include utility poles or horizontal structures to which
signal lights or other traffic control devices are attached.
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a standalone basis or commingled with other wireless
communications services.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or comingled
with other types of services).
Wireless communications facilities in existence on the date
of the adoption of this article, which do not comply with the requirements
of this article (nonconforming wireless communications facilities),
are subject to the following provisions:
A. Any provider maintaining a nonconforming wireless communications
facility not subject to a ROW use agreement in a ROW must enter into
a ROW use agreement and secure a ROW use permit within 90 days of
the enactment of this article. By doing so the provider may continue,
but not expand, use of such facilities, except as provided in this
section.
B. Additional wireless communications facilities (belonging to the same
or another provider) may be added to a nonconforming wireless communications
facility in conformance with the application procedures set forth
in this article.
C. Nonconforming wireless communications facilities which are hereafter
damaged or destroyed due to any reason or cause may be repaired or
restored at their former location, but must otherwise comply with
the Township Code.
D. A provider may replace, repair, rebuild and/or expand its wireless
communications facility in order to improve the structural integrity
of the facility, to allow the facility to accommodate co-located antennas
or facilities or to upgrade the facility to current engineering, technological
or communication standards without having to conform to the provisions
of this article, so long as such facilities are not increased in height
by more than 10% and/or setbacks are not decreased by more than 10%.
[Adopted 10-20-1999 by Ord. No. 3545]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this §
140-16. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
ADVISORY COMMITTEE
The Cable Television Evaluation and Advisory Committee of
the Township of Lower Merion, Pennsylvania.
BASIC CABLE SERVICE
Shall have the meaning given in 47 U.S.C. § 522(3),
as it may be amended from time to time. Currently, this provision
defines basic cable service as any service tier which includes the
retransmission of local television broadcast signals.
CABLE ACT
The Cable Communications Policy Act of 1984, Pub. L. No.
98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. §§ 521-611
(1982 and Supp. V 1987)) as amended by the Cable Television Consumer
Protection and Competition Act of 1992, Pub. L. No. 102-385, and the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
(1996), and as may, from time to time, be amended.
CABLE SERVICE
Shall have the meaning given in 47 U.S.C. § 522(6),
as it may be amended from time to time. Cable service shall also include
any additional services as defined in the franchise agreement. Currently,
47 U.S.C. § 522(6) defines cable service as:
A.
The one-way transmission to subscribers of video
programming or other programming service; and
B.
Subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming
service.
CABLE SYSTEM or SYSTEM
Shall have the meaning given in 47 U.S.C. § 522(7),
as it may be amended from time to time. Currently, this provision
defines cable system as a facility, consisting of a set of closed
transmission paths and associated signal generation, reception and
control equipment designed to provide cable service which includes
video programming and which is provided to multiple subscribers within
a community, but such term does not include:
A.
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
B.
A facility that serves subscribers without using
any public rights-of-way;
C.
A facility of a common carrier which is subject,
in whole or in part, to the provisions of 47 U.S.C. §§ 201-226,
except that such facility shall be considered a cable system to the
extent that such facility, whether on a common carrier basis or otherwise,
is used in the transmission of video programming directly to subscribers;
or
D.
A facility of an electric utility used solely
for operating its electric utility system.
CHANNEL or CABLE CHANNEL
Shall have the meaning given in 47 U.S.C. § 522(4),
as it may be amended from time to time. Currently, this provision
defines channel as a portion of the electromagnetic frequency spectrum
which is used in a cable system and which is capable of delivering
a television channel as defined by the Federal Communications Commission.
FRANCHISE
An initial authorization, or renewal thereof, issued by the
Township, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, agreement or otherwise,
which authorizes the construction or operation of a cable system.
FRANCHISE AGREEMENT
A franchise granted pursuant to this article, containing
the specific provisions of the franchise granted, including references,
specifications, requirements and other related matters.
FRANCHISE FEE
Any tax, fee or assessment of any kind imposed by the Township
or other governmental entity on a grantee or cable subscriber, or
both, solely because of their status as such. The term "franchise
fee" does not include any tax, fee or assessment of general applicability
(including any such tax, fee or assessment imposed on both utilities
and cable operators or their services but not including a tax, fee
or assessment which is unduly discriminatory against cable operators
or cable subscribers); capital costs which are required by the franchise
agreement to be incurred by the cable operator for public, educational
or governmental access facilities; requirements or charges incidental
to the awarding or enforcing of the franchise, including payments
for bonds, security funds, letters of credit, insurance, indemnification,
penalties or liquidated damages; or any fee imposed under Title 17
of the United States Code.
GRANTEE
Any person receiving a franchise pursuant to this article
and its agents, employees, officers, designees or any lawful successor,
transferee or assignee.
GROSS ANNUAL REVENUES
All revenues derived directly or indirectly by the grantee
or an person in which the grantee has a financial interest from or
in connection with the operation of the system and based on cable
service, pursuant to a franchise granted hereunder, except it shall
not include bad debt, sales tax or other taxes or charges imposed
on the grantee in addition to its franchise fee and other franchise
obligations and collected for direct pass through to state or federal
government.
INSTALLATION
The connection of the system to subscribers' terminals, and
the provision of cable service.
INSTITUTIONAL NETWORK
Dedicated capacity and equipment, both upstream and downstream,
to provide video, voice and data communication services to nonresidential
users.
INTERNET SERVICES
The provision of cable modem service and transport over the
cable system of Internet and other high-speed data communications.
NORMAL BUSINESS HOURS
The hours during which most businesses in the community are
open to serve customers. In addition, normal business hours must include
some evening hours at least one night per week and/or some weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the grantee. Those conditions which are not within the control of
the grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages and severe
or unusual weather conditions and significant legislative or regulatory
requirements. Those conditions which are ordinarily within the control
of the grantee include, but are not limited to, special promotions,
regular peak or seasonal demand periods and maintenance or upgrade
of the system.
PERSON
Any natural person or any association, firm, individual,
government, school, partnership, joint stock company, joint venture,
trust, corporation, limited liability company or other legally recognized
entity, private or public, whether for-profit or not-for-profit.
SECTION
Any section, subsection or provision of this article.
SERVICE AREA or FRANCHISE AREA
The entire geographic area within the Township as it is now
constituted or may in the future be constituted, unless otherwise
specified in the franchise agreement.
SERVICE INTERRUPTION
The loss of picture or sound on one or more cable channels
affecting at least 10% of the subscribers on the system.
STATE
The Commonwealth of Pennsylvania.
STREET
Each of the following which have been dedicated to the public
or are hereafter dedicated to the public and maintained under public
authority or by others and located within the Township limits: streets,
roadways, highways, avenues, lanes, alleys, sidewalks, easements,
rights-of-way and similar public property and areas that the Township
shall permit to be included within the definition of street from time
to time.
SUBSCRIBER
Any person who or which lawfully elects to subscribe to,
for any purpose, cable service provided by the grantee by means of
or in connection with the cable system and who pays the charges therefore,
except such persons or entities authorized to receive cable service
without charge as described in the franchise agreement.
TELECOMMUNICATIONS ACT
The Telecommunications Act of 1996, Pub. L. No. 104-104,
110 Stat. 56 (1996) (to be codified at 47 U.S.C. § 251 et
seq.), as may be amended from time to time.
TOWNSHIP
The Township of Lower Merion, Pennsylvania, as represented
by the Board of Commissioners or any delegate acting within the scope
of its jurisdiction.
A franchise granted by the Township under the
provisions of this article shall encompass the following purposes:
A. To engage in the business of providing cable service,
and such other services as may be permitted by the franchise agreement.
B. To erect, install, construct, repair, rebuild, reconstruct,
replace, maintain and retain cable lines, related electronic equipment,
supporting structures, appurtenances and other property in connection
with the operation of a cable system in, on, over, under, upon, along
and across streets or other public places within the designated service
area.
C. To maintain and operate said franchise properties
for the origination, reception, transmission, amplification and distribution
of television and radio signals for the delivery of cable services
and any other services permitted by the franchise agreement.
D. To set forth the obligations of a grantee under the
franchise agreement.
E. This article does not authorize the provision of telecommunication
services, as that term is defined by the Telecommunications Act. Such
services shall be governed by a separate telecommunications ordinance
based on the authority granted the Township by the Telecommunications
Act and any terms specified by a franchise agreement. However, it
is recognized that many services may not clearly fit within a standard
definition of telecommunications services. For this reason, the Township
reserves the right to agree to services, offered by a grantee, as
cable service and include in the definition cable service in a franchise
agreement made pursuant to this article.
It shall be unlawful for any person to construct,
install or operate a cable system or to provide cable services in
the Township within any street or public rights-of-way without a properly
granted franchise awarded pursuant to the provisions of this article.
Any franchise granted shall be nonexclusive.
The Township reserves the right to grant, at any time, such additional
franchises for a cable system or any component thereof, as it deems
appropriate, subject to applicable state and federal law; provided,
however, that no franchise shall be granted on terms materially less
burdensome or more favorable than those in the franchise granted hereunder
pertaining to the area served; public, educational and governmental
access requirements; or franchise fees. This prohibition shall not
apply when the area in which the additional franchise is being sought
is not actually being served by any existing cable company holding
a franchise for the area.
Any franchise shall be valid within all the
territorial limits of the Township, and within any area added to the
Township during the term of the franchise, unless otherwise specified
in the franchise agreement.
Except as otherwise provided in the franchise
agreement, the grantee shall maintain a local office or offices to
provide the necessary facilities, equipment and personnel to comply
with the following consumer protection standards under normal operating
conditions:
A. Customer service center.
(1) The grantee agrees to maintain a regional customer
service center staffed 24 hours a day, seven days a week. Voice mail
and automated equipment alone do not fulfill this requirement. In
addition, the grantee agrees to maintain a local bill payment location
which will be open at least during normal business hours.
(2) Under normal operating conditions, telephone answer
time by a customer representative, including wait time, shall not
exceed 30 seconds when the connection is made. If the call needs to
be transferred, transfer time shall not exceed 30 seconds. These standards
shall be met no less than 90% of the time under normal operating conditions,
measured on a quarterly basis.
(3) The grantee will not be required to acquire equipment
or perform surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates
a clear failure to comply.
(4) Under normal operating conditions, the customer will
receive a busy signal less than 3% of the time.
B. Installations, outages and service calls. Under normal
operating conditions, each of the following standards will be met
no less than 95% of the time measured on a quarterly basis:
(1) Standard installations will be performed within seven
business days after an order has been placed. Standard installations
are those that are located up to 125 feet from the existing distribution
system.
(2) Under normal operating conditions, the grantee will
begin working on service interruptions promptly and in no event later
than 24 hours after the interruption becomes known. The grantee must
begin actions to correct other service problems the next business
day after notification of the service problem.
(3) At the subscriber's request, the appointment window
alternatives for installations, service calls and other installation
activities will be either a specific time or, at maximum, a four-hour
time block during normal business hours. The grantee may schedule
service calls and other installation activities outside of normal
business hours for the express convenience of the customer.
(4) If the grantee's representative is running late for
an appointment with a customer and will not be able to keep the appointment
as scheduled, the customer must be contacted. The appointment will
be rescheduled, as necessary, at a time which is convenient for the
customer.
(5) Any grantee representative or subcontractor making
a service call to a customer's home or business to perform a service,
such as installation, repair or disconnection, must wear identifying
apparel and must carry identification clearly identifying such person
as a representative or subcontractor of the grantee.
C. Communications between grantee and subscribers.
(1) Notifications to subscribers.
(a)
The grantee shall provide written information
on each of the following areas at the time of installation of service,
at least annually to all subscribers, and at any time upon request:
[1]
Products and services offered.
[2]
Prices and options for programming services
and conditions of subscription to programming and other services.
[3]
Installation and service maintenance policies.
[4]
Instructions on how to use the cable service.
[6]
Programming carried on the system.
[7]
Billing and complaint procedures, including
the address and telephone number of the Township's cable office.
(b)
Subscribers will be provided effective notification
in writing of any changes in rates, programming, services or channel
positions at least 30 days in advance of such changes if the change
is within the control of the grantee. The grantee's written notice
shall include a comparison of current and proposed rates and charges
and shall be included in each subscriber's bill. In addition, the
grantee shall notify subscribers 30 days in advance of any significant
changes in the other information required by the preceding paragraph.
In the event that the grantee becomes subject to effective competition
as defined by federal law, the Township may waive the notification
requirements of this paragraph in order to allow the grantee to respond
to competitive circumstances.
(2) Compatibility information. In accordance with FCC
rules contained in 47 C.F.R. § 76.630(d), each grantee must
provide in writing a consumer information program on compatibility
matters. Such information must be provided at the time of installation
and at least annually to all subscribers, and at any time upon request.
The grantee may choose the time and means by which it complies with
this annual consumer information requirement. The information may
be included in one of the grantee's regular subscriber billings. The
consumer information program shall include the following information:
(a)
The grantee shall inform its subscribers that
some models of television receivers and videocassette recorders may
not be able to receive all of the channels offered by the cable system
when connected directly to the cable system. In conjunction with this
information, the grantee shall briefly explain the types of channel
compatibility problems that could occur if subscribers connected their
equipment directly to the cable system and offer suggestions for resolving
those problems. Such suggestions could include, for example, the use
of a cable system terminal device such as a set-top channel converter.
The grantee shall also indicate that channel compatibility problems
associated with reception of programming that is not scrambled or
encrypted programming could be resolved through use of simple converter
devices without descrambling or decryption capability that can be
obtained from either the grantee or a third party retail vendor.
(b)
In cases where service is received through a
cable system terminal device, the grantee shall indicate that subscribers
may not be able to use special features and functions of their television
receivers and videocassette recorders, including features that allow
the subscriber to view a program on one channel while simultaneously
recording a program on another channel, record two or more consecutive
programs that appear on different channels and use advanced picture
generation and display features such as channel review and other functions
that necessitate channel selection by the consumer device.
(c)
In cases where the grantee offers remote control
capability with cable system terminal devices and other customer premises
equipment that is provided to subscribers, it shall advise subscribers
that remote control units that are compatible with that equipment
may be obtained from other sources, such as retail outlets. The grantee
shall also provide a representative list of the models of remote control
units currently available from retailers that are compatible with
the customer premises equipment they employ. The grantee must make
a good faith effort in compiling this list and will not be liable
for inadvertent omissions. This list shall be current as of no more
than six months before the date the consumer education program is
distributed to subscribers. The grantee must encourage subscribers
to contact the grantee to inquire about whether a particular remote
control unit the subscriber might be considering for purchase would
be compatible with the subscriber's customer premises equipment.
(d)
In cases where the grantee offers inside wire
maintenance or another service program, the customer information program
shall describe such program, including cost information.
(3) Billing.
(a)
Bills will be clear, concise and understandable.
Bills must be fully itemized, with itemizations including, but not
limited to, basic and premium service charges and equipment charges.
Bills will also clearly delineate all activity during the billing
period, including optional charges, rebates and credits. The grantee's
telephone number shall be clearly displayed on bills.
(b)
In case of a billing dispute, the grantee must
respond to a written complaint from a subscriber within 30 days.
(4) Refunds. Refund checks will be issued promptly, but
no later than 30 days from resolution of the request.
(5) Credits. Credits for service will be issued no later
than 30 days from resolution of the request.
(6) Complaints. The grantee shall submit a copy of all
of its written responses to written subscriber complaints that the
Township receives to the Township within 30 days of receipt of such
complaint from the Township.
(7) Nonpayment. A grantee must send at least two notices
or statements notifying a subscriber of nonpayment before the grantee
may have its representative telephone or otherwise attempt to personally
contact the subscriber. The grantee must provide a subscriber with
a forty-five-day grace period before terminating service due to nonpayment.
The forty-five-day grace period begins running on the day the bill
is due for payment.
The Township may require, as part of a franchise
or franchise renewal, that a grantee designate channel capacity for
public, educational or governmental use. The Township may require
a grantee to provide funding, facilities and equipment for such public,
educational or government access.
The Township may require, as part of a franchise or franchise renewal, that a grantee provide an institutional network, as defined in §
140-16 of this article, for governmental and educational use.
The Township reserve the right to regulate rates
for basic cable service, and any other services offered over the cable
system, to the extent permitted by federal or state law. The grantee
and the Township shall be subject to the rate regulation provisions
promulgated by the Federal Communications Commission at 47 CFR, Part
76.900, subpart N.
The grantee shall have the authority to trim
trees, in accordance with all applicable utility, ordinance and easement
restrictions, upon and hanging over streets, alleys, sidewalks and
public places of the Township so as to prevent the branches of such
trees from coming in contact with the wires and cables of the grantee.
The grantee shall notify the Township Department of Public Works prior
to trimming any trees in the rights-of-way. Township representatives
shall have authority to supervise and approve all trimming of trees
conducted by the grantee.
The Township shall have the right to install
and maintain, free of charge, upon the poles and within the underground
conduits of the grantee, any wires and fixtures desired by the Township
to the extent that such installation and maintenance does not interfere
with existing operations of the grantee.
Each grantee shall provide insurance as specified
in its franchise agreement.
Each grantee shall establish and provide to
the Township a security fund, in an amount specified in the franchise
agreement, as security for the performance of all material provisions
of the franchise agreement.
The Township may request evaluation and review
sessions, as specified in each franchise agreement.
In the event that the grantee's performance
of any of the terms, conditions or obligations required by this article
or a franchise granted hereunder is prevented by a cause or event
not within the grantee's control, such inability to perform shall
be deemed excused and no penalties or sanctions shall be imposed as
a result thereof. For the purpose of this section, causes or events
not within the control of the grantee shall include without limitation
acts of God, strikes, sabotage, riots or civil disturbances, acts
or orders of a governmental agency or court, failure or loss of utilities,
utility facilities, explosions, acts of public enemies, significant
regulatory or legislative developments and natural disasters such
as floods, earthquakes, landslides and fires. Within 30 days of the
grantee's discovery of an event causing delay or failure, the grantee
shall provide the Township written notice describing the cause and
estimating the period of time in which such delay or nonperformance
will be cured.
Upon either expiration or revocation of the
franchise, the Township shall have the discretion to require the grantee
to continue to operate the cable system for an extended period of
time not to exceed six months from the date of such expiration or
revocation. The grantee shall continue to operate the system under
the terms and conditions of this article and the franchise and to
provide the regular subscriber service and any and all of the services
that may be provided at that time.
In the event of a conflict between any provision
of this article and a franchise agreement entered pursuant to it,
the provisions of this article shall control, except as may be specifically
otherwise provided in the franchise agreement.
If any provision of this article is held by
any court or federal or state agency of competent jurisdiction to
be invalid as conflicting with any federal or state law, rule or regulation
now or hereafter in effect, or is held by such court or agency to
be modified in any way in order to conform to the requirements of
any such law, rule or regulation, such provision shall be considered
a separate, distinct and independent part of this article, and such
holding shall not affect the validity and enforceability of all other
provisions hereof. In the event that such law, rule or regulation
is subsequently repealed, rescinded, amended or otherwise changed,
so that the provision hereof which had been held invalid or modified
is no longer in conflict with such law, rule or regulation, said provision
shall thereupon return to full force and effect and shall thereafter
be binding on the Township and the grantee, provided that the Township
shall give the grantee 30 days' written notice of such change before
requiring compliance with said provision or such longer period of
time as may be reasonably required for the grantee to comply with
such provision.