The present tense includes the future, the singular number includes
the plural and the plural the singular, and the masculine gender includes
the feminine gender. The words "shall" and "will" are mandatory, and "may"
is permissive.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated:
AFFILIATE
Any person who owns or controls, is owned or controlled by or is
under common ownership or control with the franchisee.
BOARD
The Board of Supervisors of the Township of Skippack.
CABLECAST SIGNAL
A nonbroadcast signal that originates within the facilities of the
cable communications system.
CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, SYSTEM, CABLE TELEVISION
OR CATV
A facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is 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 only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such facility
or facilities is covered within the terms and regulations of the Cable Act.
C.
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as amended,
except that such facility shall be considered a cable system [other than for
purposes of Section 621(c) of the Cable Act] to the extent such facility is
used in the transmission of video programming directly to subscribers.
D.
Any facilities of any electric utility used solely for operating its
electric utility systems.
E.
A facility which provides noncable services (other than those for public,
educational and governmental use).
CABLE SERVICE
The one-way transmission to subscribers of video programming or other
programming service and subscriber interaction, if any, which is required
for the selection of such video programming or other programming service.
CHANNEL
A video channel shall include both the visual and aural carriers
and corresponding side bands which constitute the picture and sound of a television
program. If at any time during the term of any franchise agreement entered
into pursuant to this chapter the bandwidth necessary to deliver a video signal
decrease so that a video signal may be delivered on a band of frequencies
of less than six Megahertz (MHZ), the channel capacity on the cable system
shall be increased accordingly if the Township finds that such increase in
channel capacity will not result in a loss of signal quality or will meet
any Federal Communications Commission (FCC) signal quality standards that
may apply to such signals. A franchisee may establish additional requirements
concerning voice and data channels consistent with the franchise agreement
in order to ensure technical and operational integrity and compatibility of
the system, including switching, provided that they are consistent with the
performance standards of this chapter and the franchise agreement.
CLOSED-CIRCUIT OR INSTITUTIONAL SERVICE
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are not limited
to, one-way video, two-way video, audio or digital signals among institutions
and as may be specified in the franchise to residential subscribers.
COMMERCIAL SUBSCRIBER
A subscriber who receives a service in a place of business where
the service may be utilized in connection with a business, trade or profession
and who pays the charges therefor.
COMMUNICATIONS POLICY ACT OR CABLE ACT
The Cable Communications Policy Act of 1934, and the Cable Communications
Policy Act of 1984 as it may be amended or succeeded, including the Cable
Television Consumer Protection and Competition Act of 1992, and/or any amendments.
CONVERTER
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber, and any channel
selector which permits a subscriber to view all signals delivered at designated
converter dial locations at the set or by remote control.
DISCRETE CHANNEL
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
DROP
A coaxial connection from feeder cable to the subscriber/user premises
in accordance with the Cable Act.
FAIR MARKET VALUE
The price that a willing buyer would pay to a willing seller for
a going concern based on the system valuation prevailing in the industry at
the time, without the assignment of any value to the franchise rights.
FCC
The Federal Communications Commission and any legally appointed successor.
FRANCHISE
The nonexclusive rights granted pursuant to this chapter to construct,
operate and maintain a cable communications system along the public ways within
all of a specified area in the Township. Any such authorization, in whatever
form granted, shall not mean or include any license or permit required for
the privilege of transacting and carrying on a business within the Township
as required by other ordinances and laws of the Township.
FRANCHISE AGREEMENT
A contract entered into between the Township and any franchisee setting
forth the specific terms and provisions of the grant of a franchise pursuant
to this chapter.
FRANCHISE AREA
The entire Township, or portions thereof, for which a franchise is
granted under the authority of this chapter. If not otherwise stated in the
franchise agreement, the franchise area shall be the corporate limits of the
Township, including all territory thereafter annexed to the Township.
FRANCHISEE OR GRANTEE
The natural person(s), partnerships, domestic and foreign organizations,
associations, joint venture(s) or organizations of any kind which has been
legally granted a franchise by the Township and its lawful successors, transferrees
or assignees.
FRANCHISE FEE
The percentage, as specified by the Township, of the franchisee's
gross annual revenues from all sources payable in exchange for the rights
granted pursuant to this chapter and the franchise agreement. The term "franchise
fee" does not include any tax, fee or assessment of general applicability
that may be assessed against of franchisee by the Township, including but
not limited to a business privilege tax.
GRANTOR
The Township of Skippack as represented by the Township Board of
Supervisors acting within the scope of its jurisdiction.
GROSS ANNUAL REVENUES
Any and all cash, credits, property or other consideration of any
kind or nature received annually directly or indirectly by the franchisee,
its affiliates, or any person in which the franchisee has a financial interest,
or by any other entity that is a cable operator of the system, arising from,
attributable to or in any way derived from the operation of the franchisee's
cable system, including the studios and other facilities associated therewith.
Gross annual revenues include, but are not limited to, monthly fees charged
subscribers for any basic, optional, premium, per-channel or per-program service;
installation, disconnection, reconnection, and change-in-service fees; leased
channel fees; late fees and administrative fees; fees, payments or other consideration
received from programmers for carriage of programming on the system; revenues
from converter rentals or sales; studio rental, production equipment and personnel
fees; advertising revenues; barter; revenues from program guides; revenues
from the sale or carriage of noncable services, including information services;
revenues from home shopping and bank-at-home channels; video on demand; and
franchise fees. Gross annual revenues shall be the basis for computing the
franchise fee under this chapter. Gross annual revenues shall not include
any taxes on services furnished by the franchisee which are imposed directly
on any subscriber or user by the state, Township or other governmental unit
and which are collected by the franchisee on behalf of said governmental unit.
[Amended 3-8-2006 by Ord. No. 298]
INSIDE WIRING
That portion of the wire installation within and about a premises
that is transferable upon purchase in accordance with the Cable Act.
INSTALLATION
The connection of the system from feeder cable to subscriber's
terminals.
NARROWCASTING
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
NONCABLE SERVICES
Except as expressly set forth in the franchise agreement, the Township
has not granted authority for the provisions of noncable services except public,
educational and governmental uses. The Township may grant authority for the
provision of noncable services on whatever terms and conditions the Township
reasonably determines are appropriate in the circumstances, it being understood
and agreed that, at a minimum, in each case, such terms and conditions may
include payment to the Township of compensation at rates different from those
set forth for franchise fees. The franchisee shall pay to the Township an
amount equal to the reasonable costs for the use of the Township's streets
to provide noncable services in the franchise area. Payment of such costs
and expenses shall not be deemed to be franchise fees within the meaning of
the Cable Act, and such payment shall not be deemed to be payments-in-kind
or involuntary payments chargeable against the compensation to be paid to
the Township by the franchisee as franchise fees or part of the compensation
to be paid to the Township by the franchisee as franchise fees.
PAY AUDIO/VIDEO
Any type of audio or audio/video service for which a fee is charged.
PAY PER VIEW
Any channel for which a fee is charged for a single or multiple viewing
of a specific program.
PERSON
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
PUBLIC ACCESS CHANNEL
Any channel designated or dedicated for use by the general public
or organizations which is made available for use without charge on a nondiscriminatory
basis in accordance with the rules and regulations specified in the franchise
agreement.
PUBLIC WAY OR PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, park, parkways, waterways, utility easements or other
public right-of-way or hereafter held by the Township which shall entitle
the Township and the grantee to the use thereof for the purpose of installing
and maintaining the grantee cable television system. No reference herein,
or in any franchise, to the public way shall be deemed to be a representation
or guaranty by the Township that its title to any property is sufficient to
permit its use for such purpose, and the grantee shall, by its use of such
terms, be deemed to gain only such rights to use property in the Township
as the Township may have the undisputed right and power to give.
REASONABLE NOTICE
Where not elsewhere specified, written notice addressed to the grantee
at its principal office within the Township or such other office as the grantee
has designated to the Township as the address to which notice shall be transmitted
to it, which notice shall be certified and postmarked not less than 10 business
days prior to that day in which the party giving such notice shall commence
any action which requires the giving of notice, in computing said 10 business
days, holidays recognized by the Township shall be excluded.
RESIDENT
Any person residing in the Township as defined by applicable law.
RESIDENTIAL SUBSCRIBER
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade
or profession and who pays the charges therefor.
SALE
Includes any sale, exchange or barter transaction.
SCHOOL
Any public or nonprofit education institution including primary and
secondary school, colleges and universities, both public and private.
SUBSCRIBER
Any person who legally receives cable services and/or noncable services
(to the extent franchisee is authorized to provide noncable services).
STATE
The Commonwealth of Pennsylvania.
SYSTEM FACILITIES OR FACILITIES
Cable communications system equipment used by the franchisee to provide
services in the franchise area; provided, however, that such system facility
excludes buildings, contracts, facilities and equipment whose primary use
is for providing service to other system facilities located outside the Township
limits.
TIER
Any level of service having one or more channels offered as a program
service or group of services.
TOWNSHIP
The Township of Skippack, Skippack, Pennsylvania.
TRANSFER
Any transaction in which an ownership or other interest in a franchise,
its cable system or of any person that is a cable operator of the cable system
is transferred from one person or group of persons to another person or group
of persons so that control or controlling interest of the franchisee is transferred;
or the rights and/or obligations held by the franchisee under a franchise
agreement are transferred or assigned to another person or group of persons.
"Control" or "controlling interest" means actual working control in whatever
manner exercised, including, without limitation, working control through ownership,
management, debt instruments or negative control, as the case may be, of a
system, a franchise or a franchisee. A rebuttable presumption of the existence
of control or a controlling interest may arise from the beneficial ownership,
directly or indirectly, by any person or group of persons acting in concert
(other than underwriters during the period in which they are offering securities
to the public) of 5% or more of any person (which person or group of persons
is hereinafter referred to as "controlling person"). Control or controlling
interest as used herein may be held simultaneously by more than one person
or group of persons.
TRUNK LINE
The major distribution cable used in cable communications which divides
into feeder lines which are tapped for service to subscribers.
USER
A person or organization utilizing channel or equipment and facilities
for purpose of producing and/or transmission of material, as contrasted with
receipt thereof in a subscriber capacity.