[Adopted 5-20-1998 by Ord. No. 3489]
The purpose of this article is to establish
general guidelines for the siting of wireless communication facilities.
The goals of this article are to:
A. Provide procedures and guidelines for the location,
placement and construction of wireless communication facilities in
the Township 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 communication facilities.
C. Encourage the location of wireless communication facilities
on existing structures, including utility poles, signs, water towers,
buildings and other wireless communication facilities where feasible.
D. Ensure that wireless communication facilities will
be safe and blend into their environment to the greatest extent possible.
E. Encourage collocation and site sharing of new and
existing wireless communication facilities.
F. Encourage the use of public property and structures
for wireless communication facilities to the greatest extent possible
and provide for mechanisms to achieve fair and equitable rental for
the use of such property.
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 use of the
rights-of-way ("ROW").
I. Preserve the residential character of adjacent neighborhoods.
J. Comply with the Telecommunications Act of 1996.
Unless otherwise expressly stated or where the
context clearly indicates a different meaning, the following words
and phrases shall be construed throughout this article to have the
meanings indicated in this article:
ANTENNA ARRAY
One or more rods, panels, discs or similar devices used for
the transmission or reception of radio frequency signals, which may
include omnidirectional antenna (rod), directional antenna (panel)
and parabolic antenna (disc). The antenna array does not include the
support structure defined below.
APPLICANT
Any person that applies for a wireless communication facility
building permit, zoning approval and/or for permission to use the
ROW or other Township owned land or property.
APPLICATION
The process by which a person submits a request to develop,
construct, build, modify or erect a wireless communication facility
upon a parcel of land. Application includes all written documentation,
verbal statements and representations, in whatever form or forum,
made by an applicant to the Township concerning such a request.
ATTACHMENT STRUCTURE
A building which is 35 or more feet in height or an existing
structure suitable for the support of a wireless communication facility,
but which has been designed and constructed for another purpose. Such
existing structures shall include, but not be limited to: utility
poles, signs, water towers and municipally-owned towers.
COMMUNICATION FACILITIES COMMITTEE
A staff committee appointed by the Township Manager which
shall include the Director of Building and Planning and the Township
Engineer.
[Amended 1-19-2002 by Ord. No. 3631]
DEVELOPMENT STANDARDS
Those standards set forth in this article and in Chapters
135, Subdivision and Land Development, and
155, Zoning.
DIRECTOR OF BUILDING AND PLANNING
A Township of Lower Merion official whose duties include, as Zoning Officer, the administration of Chapter
155, Zoning.
[Amended 1-19-2002 by Ord. No. 3631]
ENGINEER
Any engineer licensed by the Commonwealth of Pennsylvania.
EQUIPMENT FACILITY
Any structure or enclosure used to contain ancillary equipment
as a component of a wireless communication facility, including a cabinet,
shelter, a build-out of an existing structure or a pedestal.
IN
When used in conjunction with "ROW," means above, along,
in, over, under, upon or within the ROW.
MICRO FACILITY
A wireless communication facility consisting of an equipment
facility capable of being mounted onto the attachment or support structure
and antenna that is either:
A.
No more than five feet in height with a face
area of not more than 580 square inches; or
B.
If a tubular antenna, no more than four inches
in diameter and no more than seven feet in length.
OWNER
Any person, including the Township, with fee title or a long-term
(exceeding 10 years) leasehold to any parcel of land within the Township.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association or municipal corporation or agency
within the Commonwealth of Pennsylvania, or any combination thereof.
PROVIDER
A person, not a public utility, who is licensed by the Federal
Communications Commission to provide telecommunications service to
the public.
PUBLIC UTILITY
An entity regulated by the Pennsylvania Public Utility Commission.
RIGHT-OF-WAY (ROW)
The surface, air space above the surface and the area below
the surface of any street.
STEALTH
Any wireless communication facility which is designed to
enhance compatibility with adjacent land uses, including, but not
limited to, architecturally screened and/or landscaped antenna arrays
and equipment facilities and support structures designed to look other
than like a support structure, such as a light pole, a power pole,
a component of a building or a tree.
STREET
A right-of-way, publicly or privately owned, serving as a
means of vehicular and pedestrian travel and furnishing access to
abutting properties and space for sewers and public utilities.
SUPPORT STRUCTURE
A structure designed and constructed to support an antenna
array or micro facility and may include a utility pole, a monopole,
self-supporting (lattice) or guy-wire support tower and other similar
structures.
USE PERMIT
The authorization from the Township that must be obtained
to occupy the ROW to provide wireless communication services.
WIRELESS COMMUNICATION SERVICE
Any personal wireless service as defined by the Telecommunications
Act of 1996, which includes FCC licensed commercial wireless telecommunications
services, including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or that may
in the future be developed.
WIRELESS COMMUNICATION FACILITY
Any unstaffed facility for the transmission and/or reception
of wireless communication services, usually consisting of an antenna
array or micro facility, connection cables, an equipment facility
and a support structure or attachment structure to achieve the necessary
elevation.
[Amended 1-19-2002 by Ord. No. 3629; 9-23-2009 by Ord. No. 3891]
A. Uses permitted. Any wireless communication facility is permitted
in a railroad ROW.
B. Support structure. The antenna array must be mounted on an attachment
structure no more than 100 feet in height if within 150 feet of a
residential zoning district. If elsewhere, it may be mounted on an
attachment structure no more than 200 feet in height. In all cases,
the construction must comply with standards approved by the Township
Engineer.
C. Building permit required. Every provider who constructs, installs
or maintains a wireless communication facility in a railroad ROW must
obtain a building permit for each such facility by making application
to the Department of Building and Planning.
(1) Support structure attachment agreement. If the antenna array is to
be erected on a third party's support or attachment structure, the
consent of the third party must be attached to the application.
(2) Location. The Township shall refuse to issue a building permit if
the proposed location of the wireless communication facility interferes
with the use of a ROW by others or is contrary to public safety. The
Township shall require a permitted wireless communication facility
to be relocated at the permittee's expense if necessary to accommodate
the location or relocation of ROW facilities of the Township or a
public utility or to protect the public safety.
D. Equipment facility. An equipment facility required for a wireless
communications facility shall comply with the following requirements:
(1) The equipment facility must be located within the railroad right-of-way unless it complies with Subsection
D(1)(a) and
(b) below.
(a)
The equipment facility may be located outside the railroad right-of-way,
provided that such equipment is located in an adjacent public utility
right-of-way/easement.
(b)
Approval from the owner of the land on which the wireless equipment
is located shall be obtained prior to installation of any equipment
authorized under this section.
(2) All equipment facilities shall be screened from adjacent residential
properties by a planted buffer that provides a total visual screen
of any equipment. The buffer plantings shall be installed and maintained
by the wireless communication facility applicant.
(3) In the event that any equipment facility of an outside volume exceeding
eight cubic feet is installed in the ROW, such equipment facility
must be installed so that the roof or lid is either below or is flush
with local ground level grade. All such equipment facilities shall
be shown in the application. The Board of Commissioners may grant
a waiver to this requirement, on a case-by-case basis, upon the applicant's
showing of need.
[Amended 1-19-2002 by Ord. No. 3631]
A. Attached micro facilities. A micro facility may be erected outside of a ROW on any attachment structure over 35 feet in height in compliance with Chapter
155, Zoning, upon application to the Director of Building and Planning. The provider's application shall include:
(1) The name, address and telephone number of the owner
and lessee of the parcel of land upon which the micro facility is
proposed to be situated. If the applicant is not the owner of the
parcel of land or of the attachment structure, the written authorization
of the owner shall be evidenced in the application.
(2) The legal description, parcel number, block and unit
number and address of the parcel of land upon which the micro facility
is to be situated.
(3) A description and illustration of the stealth design,
which shall be subject to the approval of the Communication Facilities
Committee.
B. Wireless communication facilities other than attached micro facilities. Wireless communication facilities other than attached micro facilities may be erected outside of a ROW in compliance with Chapter
155, Zoning, upon application to the Director of Building and Planning. If a special exception is required by §
155-10.10, the application shall be made to the Zoning Officer. The provider's application shall include:
[Amended 2-26-2020 by Ord. No. 4184]
(1) A scaled plan and a scaled elevation view and other
supporting drawings, calculations and documentation showing the location
and dimensions of the wireless communication facility and all improvements
associated therewith, including information concerning attachment
structure specifications, antenna locations, equipment facility, landscaping,
fencing and, if relevant, topography, adjacent uses and existing vegetation.
(2) The name, address and telephone number of the owner
and lessee of the parcel of land upon which the wireless communication
facility is proposed to be located. If the applicant is not the owner
of the parcel of land or of the attachment structure, the written
authorization of the owner shall be evidenced in the application.
(3) The legal description, parcel number, block and unit
number and address of the parcel of land upon which the wireless communication
facility is to be situated.
(4) A description and illustration of the stealth design,
which shall be subject to the approval of the Communication Facilities
Committee. In order to assist the Township in evaluating visual impact,
the applicant shall submit with its application color photo simulations
showing the proposed site of the wireless communication facility with
a photo-realistic representation of the proposed wireless communication
facility as it would appear viewed from the closest residential property,
adjacent roadways and additional locations as necessary.
(5) Written, technical evidence from an Engineer acceptable
to the Fire Marshal and the Director of Building and Planning that
the proposed wireless communication facility does not pose a risk
of explosion, fire or other danger to life or property due to its
proximity to volatile, flammable, explosive or hazardous materials,
such as LP gas, propane, gasoline, natural gas or corrosive or other
dangerous chemicals.
Wireless communication facilities in existence
on the date of the adoption of this article, which do not comply with
the requirements of this article (nonconforming wireless communication
facilities), are subject to the following provisions:
A. Any provider maintaining a nonconforming wireless
communication facilities 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 antenna array (belonging to the same or
another provider) may be added to a nonconforming wireless communication
facility in conformance with the application procedures set forth
in this article.
C. Nonconforming wireless communication 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 communication facility in order to improve the structural
integrity of the facility, to allow the facility to accommodate collocated
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.