Each franchisee shall comply with all federal and Pennsylvania laws,
as well as municipal ordinances, resolutions, rules and regulations, heretofore
or hereafter adopted or established during the entire term of its franchise.
The captions to sections throughout this chapter are intended solely
to facilitate reading and reference to the sections and provisions of this
chapter. Such captions shall not affect the meaning or interpretation of this
chapter.
Without limiting such immunities as the municipality or other persons
may have under applicable law, a franchisee shall have no recourse whatsoever
against the municipality or its officials, boards, commissions, agents or
employees for any loss, costs, expense or damage arising out of any provision
or requirement of this chapter or because of the enforcement of this chapter
or the municipality's exercise of its authority pursuant to this chapter,
a franchise agreement or other applicable law, unless the same shall be caused
by criminal acts or by willful or gross negligence. Nothing contained herein,
however, shall preclude, restrict or limit any right the franchisee may have
to bring an action against the municipality seeking injunctive and/or equitable
relief.
In order to fulfill the public interest goals of this chapter, to provide
additional communications service to the municipality through the use of cable
systems and thereby to ensure the benefits which will result from such service,
the municipality specifically reserves the right lawfully to amend this chapter
to effectuate the public interest in the operation of a cable system; provided,
however, that any such amendment which has the effect of directly or indirectly
changing the provisions of any existing franchise agreement shall not be enforceable
by the municipality, excluding general police powers, unless or until such
changes have been effected by a subsequent amendment to such franchise agreement.
In the event of a major public emergency or disaster as determined by
the municipality or declared by the Governor of Pennsylvania, a franchisee
shall immediately cooperate with the municipality or other civil defense or
governmental agency designated by the municipality for the term of such emergency
or disaster for the emergency purposes.
Unless otherwise indicated, when the performance or doing of any act,
duty, matter or payment is required under this chapter or any franchise agreement,
and a period of time or duration for the fulfillment of doing thereof is prescribed
and is fixed herein, the time shall be computed so as to exclude the first
and include the last day of the prescribed or fixed period of duration time.
A franchisee granted a franchise under the provisions of this chapter
shall not be deemed in default of this chapter where performance of the provisions
and obligations herein are rendered impossible by causes, circumstances or
other reasons beyond the control of the franchisee, and the franchise shall
not be revoked nor the franchisee penalized for such noncompliance, provided
that the franchisee takes immediate and diligent steps to restore its compliance
as soon as possible under the circumstances of its franchise without unduly
endangering the health, safety and integrity of the franchisee's employees
or property, the public, the public rights-of-way or public or private property.