A.
The Township shall exercise appropriate regulatory authority
under the provisions of this chapter and applicable law. This authority shall
be vested in the Township Board of Supervisors and administered through the
Township Manager or his designee in order to provide day-to-day administration
and enforcement of the provisions of this chapter and any franchise granted
hereunder and to carry out the Township's responsibilities with regard
to cable communications.
B.
The Township reserves the right to exercise the maximum
plenary authority, as may at any time be lawfully permissible, to regulate
the cable communications system, the franchise and the grantee. Should applicable
legislative, judicial or regulatory authorities at any time permit regulation
not presently permitted to the Township, the Township may without the approval
of the grantee engage in any such additional regulation as may then be permissible,
whether or not contemplated by this chapter including without limitation,
regulation regarding franchise fees, taxes, programming, rates charged to
subscribers and users, consumer protection,or any other similar or dissimilar
matter.
A.
The Township shall have the following regulatory responsibility:
(1)
Administration and enforcement of the provisions of this
chapter and any franchise agreement.
(2)
Award, renewal, extension or termination of a franchise
pursuant to the provisions of this chapter, the franchise agreement and other
applicable laws.
(3)
Consent prior to sale or transfer of any franchise granted
hereunder.
(4)
Performance evaluation.
(5)
Rate regulation, to the extent authorized and/or elected
by the Township under law. If the Township elects to regulate rates, it will
comply with all FCC regulations and permit all members of the public to participate
in rate-making proceedings.
(6)
Establishment of customer service standards.
B.
The Township also reserves the right to perform the following
functions and all other functions allowed by law present or future:
(1)
Develop objectives and coordinate activities related
to the operation of government channels.
(2)
Approve procedures and standards for public, government
and educational access and operations and services, including the use of dedicated
channels and sharing of public facilities.
(3)
Analyze plans for expansions, interconnection and growth
of cable services.
(4)
Analyze the possibility of integrating cable communications
with other local, state or regional telecommunications networks.
(5)
Formulate and recommend long-range telecommunications
policy for the Township, and determine the future cable-related needs and
interests of the community.
(6)
Provide the administrative effort necessary for the conduct
of performance evaluations and any other activities required for the administration
of the franchise.
(7)
Monitor the grantee's training programs for customer
service representatives and its process for handling citizen complaints and
periodically inspect and analyze the records related to such complaints.
(8)
Receive applications for rate changes if applicable and
provide staff assistance in the analysis and recommendations thereto.
(9)
Monitor grantee's adherence to operational standards,
service requirements and line extension policies.
(10)
Assure compliance with applicable laws and ordinances.
(11)
Arrange tests and analyses of equipment and performance
as needed to ensure compliance with this chapter and the franchise agreement.
(12)
Assure continuity in service.
(13)
Receive for examination all data and reports required
by this chapter.
(14)
Regulate rates on a regional basis in cooperation with
other municipalities.
A.
The Township may, in its discretion, create a citizens'
committee entitled the "Cable Television Advisory Committee." The responsibilities
of the committee shall include, but not be limited to the following:
(1)
Monitor and advise the Township Board of Supervisors
and Township administration on the performance of the grantee under the provisions
of this chapter, the franchise agreement and related ordinances.
(2)
Serve as advisory body with respect to the public, educational
and local government access channels of cable television and any institutional
programming that may be developed; encourage the use of the public channels
among the widest range of institutions, groups and individuals within the
Township.
(3)
Advise the Township government of objectives to be obtained
in the Township's cable communications system based upon its continued
evaluation of the Township's cable television franchise, cable technology,
performance of the grantee and the future cable-related needs and interests
of the community.
(4)
Prepare an annual report to the Board on the activities
of the committee and the performance of the grantee.
(5)
Cooperate with the Township and the grantee in fulfilling
its responsibilities herein.
B.
The committee shall be composed of at least three residents
of the Township who shall be appointed by the Board and who shall serve without
compensation. Members shall not be employees of nor have any financial interest
in a grantee or a parent or subsidiary corporation of a grantee.
A.
The grantee shall file with the Township schedules which
shall describe all services offered, all rates and charges of any kind and
all terms and conditions relating thereto on the effective date of the franchise
and 60 days prior to any change. Notice of all proposed rate changes must
be filed with the Township at least 60 days prior to any change whether the
Township has the authority to regulate the rate or not so that the Township
can respond to any public inquiries or complaints. If the Township elects
to regulate rates pursuant to the Cable Act, the Township will comply with
all FCC regulations and permit all members of the public to participate in
rate-making proceedings. No rates or charges shall be effective except as
they appear on a schedule so filed. The grantee shall notify subscribers,
in writing, at least 30 days prior to the implementation of any change in
services offered, rates charges or terms and conditions related thereto. The
grantee's written notice shall include a comparison of old and new rates
and charges and shall be included in the customer's bill. A complete
schedule of the grantee's rates shall be mailed to subscribers annually.
B.
The grantee shall establish rates that are nondiscriminatory
within the same general class of subscribers which must be applied fairly
and uniformly to all subscribers in the franchise area for all services. Nothing
contained herein shall prohibit the grantee from offering discounts to commercial
and multiple-family dwelling subscribers billed on a bulk basis, promotional
discounts, senior citizens and economically disadvantaged individuals. The
grantee's charges and rates for all services shall be itemized on subscribers'
monthly bills.
C.
The grantee shall provide the Township immediately upon
receipt with copies of all rate or other complaints received by it and/or
the FCC.
