A franchise to construct, operate and maintain a cable communication
and/or a telecommunications system must be granted pursuant to the terms and
conditions contained herein. Such terms and conditions shall be subordinate
to all applicable provisions of state and federal laws, rules and regulations.
Franchises granted pursuant to this chapter shall be nonexclusive; by
entering into agreement awarding the franchise under this chapter, the franchisee
acknowledges the rights of the Township to grant additional franchises upon
such terms and conditions as it deems appropriate.
A franchise granted under this chapter shall include the territorial
borders of the Township or portions thereof. In the event of annexation by
the Township, grantee shall use every reasonable effort in its best business
judgment to provide service to the new territory.
Grantee's rights are subject to the police powers of the Township to
adopt and enforce ordinances necessary to the health, safety, and welfare
of the public. Grantee shall comply with all applicable general laws and ordinance
enacted by the Township pursuant to that power.
The Township has the right to install and maintain, free of charge,
upon the poles and within the underground pipes and conduits of grantee, any
wires and fixtures required by the Township to the extent that such installation
and maintenance does not interfere with the existing and future operations
of grantee and provided such wires and fixtures are not used to deliver cable
television service to subscribers within the Township.
Franchises granted pursuant to this chapter shall not be voluntarily
transferred or voluntarily encumbered without the express approval of the
Board. For the purpose of this section, the transfer and control of the franchise
shall be deemed to be the transfer of the franchise.