[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 5-10-1977
by Ord. No. 723. Amendments noted where applicable.]
Oxford Valley Cablevision, Inc., is hereby granted the nonexclusive
right, privilege and franchise to construct, operate and maintain a cable
television system in the Borough upon the terms and conditions set forth below.
For the purposes of this chapter, the following terms, phrases, words,
abbreviations, and the derivations shall have the meanings given herein:
The Borough of Morrisville, Bucks County, Pennsylvania.
A system of antennas, cables, amplifiers, towers, microwave links,
waveguides, satellites, or any other conductors, converters, equipment or
facilities designed and constructed for the purpose of producing, receiving,
amplifying, storing, processing or distributing audio, video, digital or other
forms of electronic or electrical signals capable of being transmitted by
wire, cable or radio to subscribing members of the public who pay for such
services.
That approval required by the FCC in order for a grantee of a cable
television franchise to begin operations.
The present governing body of the Borough or any successor to the
legislative powers of the present governing body.
That agency as presently constituted by the U.S. Congress or any
successor agency authorized by the Congress to regulate cable television systems.
Oxford Valley Cablevision, Inc., or anyone who succeeds Oxford Valley
Cablevision, Inc. in accordance with the provisions of this chapter.
Subscriber revenue derived from regular subscriber services, i.e.,
the carriage of broadcast signals and required non-broadcast services provided
by cable television systems pursuant to rules and regulations of the Federal
Communications Commission.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The surface of and the space above and below any public street, road,
highway, freeway, lane, path, public way, or place, alley, court, boulevard,
parkway, drive or other easement now or hereafter held by the Borough for
the purpose of public travel and shall include other easements or rights of
way as shall now be held or hereafter held by the Borough which shall, within
their proper use and meaning entitle the Borough and its grantee to the use
thereof for the purposes of installing or transmitting cable television system
transmissions over poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other property as may be
ordinarily necessary and pertinent to a cable television system.
The franchise granted pursuant hereto shall terminate 15 years from
date of grant, and may be renewed under terms and conditions as may be mutually
agreed to, consistent with the requirements of any then applicable rules and
regulations of the FCC.
The grantee shall pay to the Borough as hereinafter provided a 3% franchise
fee based on gross subscriber revenues received, excluding refundable deposits,
installation, disconnect, reconnect, and premium TV service, for cable television
operations in the Borough for the preceding calendar year. No other fee, charge
or consideration shall be imposed. Such payment shall be reduced by the amount,
if any, payable pursuant to any now existing or subsequently enacted statute
of the State of Pennsylvania requiring cable television systems to make any
payments not also imposed on all other businesses, so that the franchise fee
provided for herein and the fee payable pursuant to any such statute when
added together, do not exceed 3% of gross subscriber revenues received for
basic cable television operations in the Borough. Upon request, grantee shall
file with the Borough within 60 days after the expiration of each calendar
year during the period the franchise shall be in force a financial statement
showing in detail the gross subscriber revenues of grantee during the preceding
year. It shall be the duty of the grantee to pay to the Borough the time for
filing such statement the sum hereinabove prescribed.
At all times during the term of the franchise, grantee shall obtain
and pay all premiums for a general comprehensive public liability insurance
policy indemnifying, defending and saving harmless the Borough, its officers,
boards, commissions, agents, or employees, from any and all claims by any
person whatsoever on account of injury to or death of a person or persons
occasioned by the operations of grantee under this franchise or alleged to
have been so caused, with a minimum liability of $100,000 for personal injury
or death of any one person, $300,000 for personal injury and death in any
one single accident, and $50,000 property damage for any one single accident.
The grantee shall file a certificate of insurance, evidencing the issuance
of such policy, with the Borough. The foregoing insurance contract shall require
30 days written notice of any cancellation to both the Borough and grantee.
A.
The initial rates to be charged by the grantee shall
be as follows:
|
First Set
|
Each Additional Set
| |||
|---|---|---|---|---|
|
Residential Subscribers:
(less than 4 connections)
|
Installation
|
$15.00
|
$6.00
| |
|
Monthly fee for first outlet
|
$7.00
| |||
|
Monthly fee for additional outlets
|
$1.50
| |||
|
Commercial and bulk subscribers:
|
Installation
|
Cost of labor and materials
| ||
|
Monthly fee for first outlet
|
Cost of labor and materials
| |||
|
Monthly fee for additional outlets
|
Negotiable
| |||
B.
Grantee will publish no later than December 31 of each
year in the principal daily newspaper in circulation in the Township a schedule
of rates proposed to be in effect for the coming year.
Grantee shall be authorized and permitted to engage in the business of operating and providing a cable television system in the Borough and providing all services cable television systems are authorized by the FCC to provide, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, retain in, on, over, under, upon, across and along any public street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the cable television system. In addition, grantee may negotiate for the use, operation and provision of similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the Borough. The uses provided for in this § A475-7 are hereby deemed, for the purpose of this section, to partake of public utility uses, and it is therefore the intention of the Borough that all public utility easements, public or private, in the Borough be construed to permit the uses provided for herein by the grantee.
A.
All transmission and distribution structures, lines and
equipment erected by grantee within the Borough shall be so located as to
cause minimum interference with the proper use of streets, and to cause minimum
interference with the rights and reasonable convenience of property owners
who adjoin any of said streets. The cable television system shall be constructed
and operated in compliance with all adopted Borough, state and national construction
and electrical codes and shall be kept current with new codes.
B.
Whenever the Borough shall require the relocation or
reinstallation of any property of grantee in any of the streets of the Borough,
it shall be the obligation of grantee upon 60 days notice of such requirement
to immediately remove and relocate or reinstall such property as may be reasonably
necessary to meet the requirements of the Borough. Such relocation, removal
or reinstallation by grantee shall be at the sole cost of grantee.
C.
Grantee shall have the authority to trim trees overhanging
the streets of the Borough so as to prevent the branches of such trees from
coming in contact with grantee's wires and cables. All trimming shall be done
under the supervision and direction of the Borough and at the expense of grantee.
D.
In case of disturbance of any street caused by grantee,
grantee shall at its own cost and expense replace and restore such street
in as good a condition as before the work involving such disturbance was done.
A.
Within 90 days after the acceptance of the franchise,
grantee shall proceed with due diligence to obtain all necessary permits and
authorization which are required in the conduct of its business, including
but not limited to any necessary utility joint use attachment agreements,
microwave licenses and any other permits, licenses, and authorizations issued
by duly constituted regulatory agencies having jurisdiction over the operation
of cable television systems or their associated microwave transmission facilities.
B.
Grantee shall, within one year from the date the FCC
certifies grantee's compliance with its Rules and Regulations governing cable
television operations in and for the Borough extend energized trunk cable
to all portions of the Borough having a housing density of at least 60 homes
per linear mile of installed cable or its proportional equivalent where less
than one mile of cable would be required to serve any such area.
Grantee shall provide such signals of television broadcast stations
as it is required to carry under rules, regulations and orders of the FCC
and such additional signals as it may apply for and be authorized to provide
by the FCC.
A.
Grantee shall conduct performance tests in accordance
with the requirements of § 76.601 or any successor section of the
FCC's Rules, as these requirements may apply from time to time.
B.
The performance of grantee's cable television system
shall meet the technical standards set forth in § 76.605 or any
successor section of the FCC's Rules, as those standards may apply or be extended
from time to time.
The franchise shall not be assigned or transferred without the consent
of the Council, which consent will not be unreasonably withheld, and provided
that the Assignee shall assume all of the duties and liabilities of the grantee
contained herein.
Grantee shall not as to rates, charges, service facilities, rules, regulations
or in any other respect make or grant any undue preference or advantage to
any person or subject any person to any undue prejudice or disadvantage, provided,
however, connection and service charges may be waived or modified during promotional
campaigns of grantee.
A.
In addition to all rights and powers reserved or pertaining
to the Borough, the Borough reserves as additional, separate and distinct
power the right to terminate the franchise and all rights and privileges of
grantee hereunder in any of the following events or for any of the reasons:
(1)
Grantee shall by act or omission violate any material
term or condition of this chapter and not cure any such violations within
the time limits set forth below. The Borough will give grantee 60 days written
notice of any such violations, and grantee will have the 60 days' provided
for in the notice to cure any violations, provided, however, that with respect
to any violations not susceptible of being cured within said sixty-day period,
the time for the grantee to cure any such violations shall be extended for
as long as is necessary to cure such violations if grantee commences promptly
and proceeds diligently to cure such violations.
(2)
Grantee becomes insolvent, unable, or unwilling to pay
its debts or is adjudged a bankrupt.
B.
Grantee shall not be declared in default or be subject
to any sanction under any provision of this chapter in any case in which performance
of any such provision is prevented for reasons beyond its control.
A.
Any inquiry, proceeding, investigation or other action
to be taken or proposed to be taken by the Borough in regard to grantee's
cable television system shall be taken only after 30 days written notice to
the grantee and an additional 30 days public notice of such action or proposed
action is given.
B.
The public notice required by this § A475-15 shall state clearly the proposed action to be taken, the time provided for response and the person or persons in authority to whom such responses should be addressed, and such other procedures as may be specified by the Borough. Grantee shall be a necessary party to any proceedings specified by the Borough.
Grantee shall maintain a local business office in the area for the investigation
and resolution of all complaints regarding the quality of service, equipment
malfunctions, and similar matters.
Upon the annexation of any territory to the Borough, the franchise granted
herein shall extend to the territory so annexed.
The franchise granted herein is, and will be, subject to all applicable
laws, rules, and regulations of federal, state or local governments or agencies.
If any action, subsection, sentence, clause or phrase of this chapter
is for any reason held illegal, invalid or unconstitutional by the decision
of any court of competent jurisdiction or the FCC, such decision shall not
affect the validity of the remaining portions thereof. The Borough hereby
declares that it would have passed this chapter and each section, subsection,
sentence, clause and phrase hereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses, or phrases be declared
illegal, invalid or unconstitutional. The invalidity of any portion of this
chapter shall not abate, reduce or otherwise affect any consideration or other
obligation required by the Borough of the grantee of the franchise granted
hereunder.
The franchise granted hereunder shall be accepted by grantee to written
acknowledgement filed with the Borough not later than 60 days after the effective
date of this chapter. The Borough shall certify the adoption hereof and cause
the same to be published in the manner prescribed by law and shall forward
a certified copy of this chapter to the grantee.
[Amended 3-21-1994 by Ord. No. 868]
The Borough, as a local franchising authority, will follow the rate
regulations promulgated by the FCC. Regulations consistent with the FCC will
be adopted by the Borough only after the regulations have been considered
by the Council at a public meeting providing a reasonable opportunity for
consideration of the views of interested parties.
