[HISTORY: Adopted by the Borough Council
of the Borough of Conway 11-8-1982 by Ord. No. 390, approved 11-8-1982; amended
in its entirety 4-4-2001 by Ord. No. 469, approved 4-4-2001. Subsequent
amendments noted where applicable.]
A.
Terms. For the purpose of this franchise, the following
terms, phrases, words and abbreviations shall have the meanings ascribed
to them below. When not inconsistent with the context, words used
in the present tense include the future tense, words in the plural
tense include the singular number and words in the singular number
include the plural number.
B.
BASIC CABLE
CABLE ACT
CABLE SERVICES
CABLE SYSTEM
(1)
(2)
(3)
(4)
(5)
FCC
FRANCHISE
GRANTEE
GROSS CABLE RECEIPTS
(1)
(2)
(3)
LOCAL FRANCHISING AUTHORITY (LFA)
PERSON
PUBLIC WAY
SERVICE AREA
SUBSCRIBER
As used in this chapter, the following terms shall
have the meanings indicated:
The lowest-priced tier of service that includes the retransmission
of the local broadcast television signals.
Collectively means the Cable Communications Policy Act of
1984 and the Cable Television Consumer Protection and Competition
Act of 1992, as amended by the Telecommunications Act of 1996.
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 terms do not include:
A facility that serves only to retransmit the
television signals over one or more television broadcast stations;
A facility that serves subscribers without using
any public way;
A facility of a common carrier which is subject,
in whole or in part, to the provisions of Title II of the Cable Act,
except that such facility shall be considered a cable system [other
than for purposes of Section 621(c)] to the extent that such facility
is used in the transmission of video programming directly to subscribers
unless the extent of such use is solely to provide interactive on-demand
services;
An open video system that complies with Section
653 of Title VI of the Cable Act; or
Any facility of any electric utility solely
used for operating the electric utility system.
The Federal Communications Commission, or successor of governmental
entity thereto.
The initial authorization, or renewal thereof, issued by
the franchising authority, whether such authorization is designated
as a franchise, permit, license, resolution, contract, certificate
or otherwise, which authorizes construction and operation of the cable
system.
TCI of Pennsylvania, Inc., or lawful successor, transferee
or assignee thereof.
Any revenue received by the grantee from the grantee's use
of the cable system to provide Cable Services in the service area;
provided, however, that such phrase shall not include any:
Tax, fee or assessment of any kind imposed by
the LFA or other governmental entity on a cable operator, or subscriber,
or both, solely because of their status as such;
Tax, fee or assessment of general applicability
which is unduly discriminatory against a cable operator or subscribers
(including any such tax, fee or assessment imposed, both on utilities
and cable operators and their services); and
Other special tax, assessment or fee such as
a business, occupation and entertainment tax. Exhibit A enumerates
specific receipts.[1]
The Borough of Conway.
An individual, partnership, association, joint stock company,
trust, corporation or governmental agency.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, parkway, way, lane, public way, drive, circle or other public
right-of-way, including, but not limited to, public easements, dedicated
utility strips, or right-of-way dedicated for compatible uses and
any temporary or permanent fixtures or improvements located thereon
now or hereafter held by the LFA in the Service Area which shall entitle
the LFA and grantee to the use thereof for the purpose of installing,
operating, repairing and maintaining the cable system. "Public way"
shall also mean any easement now or hereafter held by the LFA within
the Service Area for the purpose of public travel, or for the utility
or public service use dedicated for the compatible uses, and shall
include other easements or rights-of-way as shall within their proper
use and meaning entitle the LFA and the grantee to use thereof for
the purposes of installing and operating the grantee's cable system
over poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may be ordinarily
necessary and pertinent to the cable system.
The present municipal boundaries of the LFA, and may include
additions thereto by annexation or other legal means.
A person who lawfully receives services of the cable system
with the grantee's express permission.
[1]
Editor's Note: Exhibit A is on file in the
Borough offices.
A.
The LFA hereby grants the grantee a nonexclusive franchise
which authorizes the grantee to construct and operate a cable system
in, along, among, upon, across, above, over, under or in manner connected
with the public ways within the service area and for that purpose
to erect, install, construct, repair, replace, reconstruct, maintain
or retain in, on, over, under, upon, across or along any public way
and all extensions thereof, and additions thereto, such as poles,
wires, cables, conductors, ducts, conduit, vaults, manholes, pedestals,
amplifiers, appliances, attachments and other related property or
equipment as may be necessary or appurtenant to the cable system.
Nothing in this franchise shall be construed to prohibit grantee from
offering any service over its cable system that is not prohibited
by federal and state law.
B.
Term. The franchise granted hereunder shall be for
an initial term of 10 years commencing on the sixth day of December
2000, and concluding at midnight on the fifth day of December 2010,
unless otherwise lawfully terminated in accordance with the terms
of this franchise.
A.
The cable system operating in the service area is
a hybrid fiber coaxial (HFC) design, completed in 1997. The system
employs both analog and digital technology, to perform at a level
which distributes in excess of 100 programming services. The grantee
may, throughout the term of this franchise, provide additional programming
services as market and economic conditions warrant.
B.
Conditions of street occupancy. All transmission and
distributions structures, poles, other lines and equipment installed
or erected by the grantee pursuant to the terms hereof shall be located
so as to cause a minimum of interference with the proper use of public
ways and with the rights and reasonable convenience of property owners
who own property that adjoins any of such public ways. Except for
existing facilities, the grantee shall not place, or caused to be
placed, any transmission and distribution structures, poles, other
lines or other equipment above, over, under, across, through or in
any other way connected with the public ways of the municipality without
first obtaining written approval of the LFA.
C.
Restoration of public ways. If during the course of
the grantee's construction, operation or maintenance of the cable
system there occurs a disturbance of any public way by the grantee,
it shall, at its expense, replace and restore such public way to a
condition reasonably comparable to the condition of the public way
existing immediately prior to such disturbance.
D.
Relocation at the request of the LFA. Upon its receipt
of reasonable advance notice, not to be less than five business days,
the grantee shall, at its own expense, protect, support, temporarily
disconnect, relocate in the public way, or remove from the public
way, any property of the grantee when lawfully required by the LFA
by reason of traffic conditions, public safety, street abandonment,
freeway and street construction, change or establishment of street
grade, installation of sewers, drains, gas or water pipes or any other
type of structures or improvements by the LFA; provided, however,
that the grantee shall have the option to abandon underground installations
that do not pose any safety hazard, do not deface the environment
and do not interfere with the plans of the LFA or property owners.
If public funds are available for the purpose of defraying the cost
of any of the foregoing, the LFA shall make application for such funds
on behalf of the grantee.
E.
Relocation at the request of third party. The grantee
shall, on the request of any person holding a requisite lawful permit
issued by the LFA, temporarily raise or lower its wires to permit
the moving of any equipment, building material or otherwise, provided
that:
F.
Trimming of trees and shrubbery. The grantee shall
have the authority to trim trees or other natural growth overhanging
any of its cable system in the service area so as to prevent branches
from coming into contact with the grantee's wires, cables or other
equipment. The grantee shall reasonably compensate the LFA for any
damages caused by such trimming or shall, in its sole discretion and
at its own cost and expense, reasonably replace all trees or shrubs
damaged as a result of any construction of the cable system undertaken
by the grantee. Such replacement shall satisfy any and all obligations
that the grantee may have to the LFA pursuant to the terms of this
section. All trimming and pruning shall be at the expense of the grantee,
and all trimming or pruning provided herein shall be done under the
supervision and direction of the appropriate municipal committee.
LFA shall be given 30 days' notice of any trimming by grantee pursuant
to this section unless emergency circumstances warrant trimming to
take place immediately.
G.
Safety requirements. Construction, installation and
maintenance of the cable system shall be performed in an orderly and
workmanlike manner. All such work shall be performed in substantial
accordance with applicable FCC or other federal, state and local regulations
and the National Electric Safety Code. The cable system shall not
unreasonably endanger or interfere with the safety of Persons or property
in the service area.
A.
In those areas of the service area where all the transmission
or distribution facilities of the respective public utilities providing
telephone communications and electric services are underground, the
grantee likewise shall construct, operate and maintain all of its
transmission and distribution facilities underground; provided that
such facilities are actually capable of receiving grantee's cable
and other equipment without technical degradation of the cable system's
quality. In those areas of the service area where transmission or
distribution facilities of the respective utilities providing telephone
communications and electric services are both aerial and underground,
the grantee shall have the sole discretion to construct, operate and
maintain all of its transmission and distribution facilities, or any
part thereof, aerially or underground. Nothing contained in this section
shall require the grantee to construct, operate and maintain underground
any ground-mounted appurtenances such as subscriber taps, line extenders,
system passive devices (splitters, directional couplers), amplifiers,
power supplies, pedestals or other related equipment. Notwithstanding
anything to the contrary contained in this section, in the event that
all of the communications and electrical services are placed underground
after the effective date of this franchise, the grantee shall only
be required to construct, operate and maintain all of its transmission
and distribution facilities underground if it is given reasonable
notice and access to the public utilities' facilities at the time
such are placed underground. Any cost or expense associated with such
relocation shall be the initial responsibility of the grantee.
B.
New construction projects. In the cases of new, underground
construction projects, the grantee shall be relieved of any obligation
to extend the cable system into such development when and if the grantee
has not been given adequate notice and access to open trenches. Where
the grantee does extend the cable system into such new construction
projects, installation from the utility easements to individual homes
or other structures shall be at the cost of the home/building owner
or developer, unless another satisfactory arrangement is available
and acceptable to all parties of interest.
C.
Local improvement district. If an ordinance is passed
creating a local improvement district which involves the placing underground
of certain utilities, including those of the grantee which are then
located overhead, the grantee shall participate in such underground
project and shall remove poles, cables and wires from the surface
of the streets within such district and shall place them underground
in conformity with the requirements of the LFA. The grantee may include
its costs of relocating facilities associated with the underground
project in said local improvement district if allowed under applicable
law.
D.
Required extensions of service. Grantee is hereby authorized to extend the cable system as necessary, as desirable or required pursuant to the terms hereof with the service area. Whenever the grantee shall receive a request for the service from at least 15 residences within 1,320 cable-bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for the cable system extension, other than the usual connection fees for all subscribers; provided that such extension is technically feasible, and if it will not adversely affect the operation, financial condition or market development of the cable system, or as provided for under § 113-5 of this franchise.
No subscriber shall be refused service arbitrarily.
However, for unusual circumstances, such as a subscriber's request
to locate his cable drop underground, existence of more than 125 feet
of distance from the distribution cable to connection of service to
subscribers or a density of less than 15 residences per 1,320 cable-bearing
strand feet of trunk or distribution cable, grantee may establish
a special fee. Service may be made available on the basis of cost
of material, labor and easements, as a special fee, in order that
existing subscribers shall not be unfairly burdened. The grantee may
require advance payment of this fee or may make other arrangements
with individual subscribers.
The grantee shall, upon request, provide without
monthly charge one outlet of basic cable service to those LFA business
offices, fire station(s) and police station(s) that are passed by
its cable system. The outlets of basic service shall not be used to
distribute or sell services in or throughout such buildings, nor shall
such outlets be located in areas open to the public. The LFA shall
take reasonable precautions to prevent the use of the grantee's cable
system in any manner that results in the in appropriate use thereof
or any loss or damage to the cable system. Users of such outlets shall
hold the grantee harmless from any and all liability or claims arising
out of their use of such outlets, including, but not limited to, those
arising from copyright liability. The grantee shall not be required
to provide an outlet to such buildings where the drop line from the
feeder cable to said buildings or premises exceeds the FCC standard
installation distance of 125 feet or unless the appropriate governmental
entity agrees to pay the incremental cost of excess drop line and
other required equipment. If additional outlets of basic cable service
are provided to such buildings, the building owner shall pay the usual
installation fees associated therewith, including, but not limited
to, labor and materials.
A.
In accordance with and at the time required by the
provisions of the FCC Regulations Part 11, Subpart D, Section 11.51,
and as such provisions may from time to time be amended, the grantee
shall install, if it has not already done so, and maintain an Emergency
Alert System (EAS) for use in transmitting Emergency Act Notifications
(EAN) and Emergency Act Terminations (EAT) in local and state-wide
situations as may be designated to be an emergency by the Local Primary
(LP), the State Primary (SP) and/or the State Emergency Operations
Center (SEOC), as those authorities are identified and defined with
FCC Regulations, Section 11.18.
B.
The LFA shall permit only appropriately trained and
authorized persons to operate the EAS equipment and shall indemnify
and hold harmless the grantee, its employees, officers and assigns
from any claims arising from the use of the cable system or EAS equipment
by the LFA, its employees, authorized representatives or designees,
including, but not limited to, reasonable attorneys' fees. Additionally,
the LFA shall indemnify, save and hold harmless the grantee against
damage, loss or inappropriate use of the equipment and shall agree
to use due care and to take reasonable precautions against such damage,
loss or inappropriate use of EAS equipment or other cable system equipment
which may be used during a declared emergency.
A.
The LFA hereby imposes an annual financial obligation in the form of a franchise fee. Such fee shall be calculated at 3% of the Gross Cable Receipts (as defined in § 113-1). It is understood that all franchise fees may be itemized on the subscriber bills, and such fees are recognized as being "pass through" to the subscribers. Payment to the LFA shall be computed and prepaid in quarterly installments and shall arrive at the LFA office within 60 days after the close of each preceding quarter. For the purposes of the franchise fee reporting and reconciliation, the applicable accounting period shall be a calendar year. To accompany each fourth-quarter fee payment, the grantee shall report the payment records for the preceding year, and such report shall be submitted on the prescribed form, which is included herein as Exhibit B.[1]
[1]
Editor's Note: Exhibit B is on file in the
Borough offices.
B.
The grantee shall follow all procedures required in
seeking LFA permits, licenses and other permissions. In the event
that there are fees or other costs associated with such permits, licenses
or other permissions, the grantee may ask that Council approve an
LFA waiver of same, may seek a written authorization and schedule
for deduction of any such payment from future franchise fee payments
or may recover such payments as permitted by applicable law or rules
of the FCC or other governmental agency.
C.
Limitation on franchise fee actions. The period of
limitation for the recovery of any franchise fee payable hereunder
shall be four years from the date on which payment by the grantee
is due. Unless the LFA initiates a lawsuit for recovery of such franchise
fees in a court of competent jurisdiction, within four years from
and after such payment due date, such recovery shall be barred and
the LFA shall be stopped from asserting any claims whatsoever against
grantee relating to any such alleged deficiencies.
The grantee shall calculate the franchise fee
in accordance with the provisions of the Video Programming Municipal
Tax Authorization Act (PA Act 37 of 1995)[1] at such time as any competitor identified as a video programmer
under Act 37 announces the availability of any services subject to
the provisions of Act 37 in any portion of the service area.
[1]
Editor's Note: See 72 P.S. § 6171
et seq.
The LFA may regulate rates for the provision
of basic cable, equipment and certain other charges as expressly permitted
by the rules and regulations of the FCC and under applicable law.
A.
The LFA and the grantee agree that any proceedings
undertaken by the LFA that relate to the renewal of the grantee's
franchise shall be governed by and comply with the provisions of Section
626 of the Cable Act, as amended, unless the procedures and substantive
protections set forth therein shall be deemed to be preempted and
superseded by the provisions of any subsequent provisions set forth
by federal law.
B.
In addition to the procedures set forth in said Section
626(a), the LFA agrees to notify the grantee of all of its assessments
regarding the identify of future cable-related community needs and
interests, as well as the past performance of grantee under the then-current
franchise term. The LFA further agrees that such a preliminary assessment
shall be provided to the grantee promptly so that the grantee has
adequate time to submit a proposal under Section 626(b) of the Cable
Act and complete renewal of the franchise prior to the expiration
of its term. Notwithstanding anything to the contrary set forth in
this section, the grantee and the LFA agree that at any time during
the term of the then-current franchise, while affording the public
appropriate notice and opportunity to comment, the LFA and the grantee
may agree to undertake and formalize informal negotiations regarding
the renewal of the then-current franchise, and the LFA may grant renewal
thereof. The grantee and the LFA consider the terms set forth in this
section to be consistent with the express provisions of Section 626
of the Cable Act.
A.
If a renewal or extension of the grantee's franchise
is denied or the franchise is lawfully terminated, and the LFA either
lawfully acquires the ownership of the cable system or by its actions
lawfully effects a transfer of ownership of the cable system to another
party, any such acquisition or transfer shall be at the price determined
pursuant to the provisions set forth in Section 627 of the Cable Act.
B.
The grantee and the LFA agree that in the case of
a final determination of a lawful revocation of the franchise, at
the grantee's request, which shall be made in its sole discretion,
the grantee shall be given reasonable opportunity to effectuate transfer
of its cable system to a qualified third party. The LFA further agrees
that during such period of time, it shall authorize the grantee to
continue to operate pursuant to the terms of its prior franchise;
however, in no event shall such authorization exceed a period of time
greater than six months from the effective date of such revocation.
If, at the end of that time, the grantee is unsuccessful in the procuring
of a qualified transferee or assignee of its cable system which is
reasonably acceptable to the LFA, the grantee and the LFA shall avail
themselves of any rights they may have pursuant to the federal or
state law; it being further agreed that the grantee's continued operation
of its cable system during the six-month period shall not be deemed
to be a waiver, nor an extinguishment, of any right of either the
LFA or the grantee.
The grantee's right, title or interest in the
franchise shall not be sold, transferred, assigned or otherwise encumbered,
other than to an entity controlling, controlled by or under common
control with the grantee, without prior consent of the LFA, such consent
not to be unreasonably withheld. No such consent shall be required,
however, for a transfer in trust, by mortgage, by hypothecation or
by assignment of any rights, title or interest of the grantee in the
franchise or cable system in order to secure indebtness. Within 30
days of receiving the request for the transfer, the LFA shall, in
accordance with FCC rules and regulations, notify the grantee in writing
of the information it requires to determine the legal, financial and
technical qualifications of the transferee. If the FLA has not taken
action on the grantee's request for transfer within 120 days after
receiving such request, consent by the LFA shall be deemed given.
In a similar manner, and in the event that the LFA would wish to consider
the transfer of this franchise or any change in administrative control
over this franchise, the LFA shall give notice to the grantee. Any
grantee request for a meeting or a public hearing on the proposed
action shall be honored by the LFA, and such meeting or hearing shall
be conducted within 30 days of grantee receipt of notice. The grantee
shall then have 120 days from the original notice to seek amendments
to this agreement prior to transfer or change in administrative control
or reject any of the proposed actions.
The grantee agrees that the LF, upon reasonable
notice to the grantee, may review such of its books and records at
the grantee's business office, during normal business hours and on
a nondisruptive basis, as is reasonably necessary to ensure compliance
with the terms hereof. Such records shall include, but shall not be
limited to, any public records required to be kept by the grantee
pursuant to the rules and regulations of the FCC. Notwithstanding
anything to the contrary set forth herein, the grantee shall not be
required to disclose information which it reasonably deems to be proprietary
or confidential in nature. The LFA agrees to treat any information
disclosed by the grantee as confidential and only to disclose to its
employees, representatives and agents thereof that have a need to
know, or in order to enforce the provisions hereof. The grantee shall
not be required to provide subscriber information in violation of
Section 631 of the Cable Act.
The grantee shall maintain in full force and
effect, at its own cost and expense, during the term of the franchise,
commercial general liability insurance in the amount of $1,000,000
combined single limit for bodily injury and property damage. The grantee
shall provide a certificate of insurance designating the LFA as an
additional insured. Such insurance shall be noncancellable except
upon 30 days' prior written notification to the LFA.
The grantee agrees to indemnify, save and hold
harmless and defend the LFA, its officers, boards and employees from
and against any liability for damages and for any liability or claims
resulting from property damage or bodily injury (including accidental
death), which arise out of the grantee's construction, operation or
maintenance of its cable system, including, but not limited to, reasonable
attorneys' fees and costs, provided that the LFA shall give the grantee
written notice within 15 working days of receipt of claim or action
pursuant to this section.
Grantee shall not be required to obtain or maintain
bonds or other surety as a condition of being awarded the franchise
or continuing its existence. The franchising authority acknowledges
that the legal, financial and technical qualifications of the grantee
are sufficient to afford compliance with the terms of the franchise
and enforcement thereof.
In the event that the LFA believe that the grantee
has not complied with the terms of the franchise, it shall notify
the grantee in writing of the exact nature of the alleged noncompliance.
The grantee shall not be relieved of any of its obligations to comply
promptly with any provision of the franchise by reason of any failure
of the LFA to enforce prompt compliance.
The grantee shall have 30 days from receipt of the notice described in § 113-18 to:
A.
Respond to the LFA, contesting the assertion of noncompliance;
or
B.
Cure such default; or
C.
In the event that, by the nature of the default, such
default cannot be cured within the thirty-day period, initiate reasonable
steps to remedy such default and notify the LFA of the steps being
taken and the projected date on which they will be completed.
In the event that the grantee fails to respond to the notice described in § 113-18 pursuant to the procedures set forth in § 113-19, or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to § 113-19C above, the LFA shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the LFA which follows the close of the 30 days or projected date noted above. In the event that there are not at least five consecutive business days between either the close of the thirty-day period, or projected completion date, or in the event of another conflict, the public hearing shall be held as either an intervening special meeting or at the second regularly schedule meeting associated with the thirty-day period or projected completion date. The LFA shall notify the grantee in writing of the time and place of such meeting and provide the grantee with an opportunity to be heard.
Subject to applicable federal and state law,
in the event that the LFA, after such meeting, determines that the
grantee is in default of any provision of the franchise, the LFA may:
A.
Seek specific performance of any provision, which
reasonably lends itself to such remedy, as an alternative to damages;
B.
Commence an action of law for monetary damages or
seek other equitable relief;
C.
In the case of a substantial default of a material
provision of this franchise, declare the Franchise Agreement to be
revoked in accordance with the following:
(1)
The LFA shall give written notice to the grantee of
its intent to revoke the franchise on the basis of a pattern of noncompliance
by the grantee, including one or more instances of substantial noncompliance
on a material provision of the franchise. The notice shall set forth
the exact nature of the noncompliance. The grantee shall have 90 days
from such notice to object in writing and to state the reasons for
such objection. In the event that the LFA has not received a response
satisfactory from the grantee, it may then seek termination of the
franchise at a public meeting. The LFA shall cause to be served upon
the grantee, at least 10 days prior to such public meeting, a written
notice specifying the time and place of such meeting and stating its
intent to request such termination.
(2)
At the designated meeting, the LFA shall give the
grantee an opportunity to state its position on the matter, after
which it shall determine whether or not the franchise shall be revoked.
The grantee may appeal such determination to an appropriate court,
which shall have the power to review the decision of the LFA "de novo"
and to modify or reverse such decision as justice may require. Such
appeal to the appropriate court must be taken within 60 days of the
issuance of the determination of the LFA.
In any action by the LFA or the grantee that
is mandated or permitted under the terms hereof, such party shall
act in a reasonable, expeditious, and timely manner. Furthermore,
in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld.
The LFA and the grantee recognize that a change
in circumstances may lead to consideration of amendments to this franchise.
Either party may present a proposed amendment to the other, and consideration
of any proposed amendment shall occur within six months of presentations.
This franchise and any enabling legislation may only be amended by
mutual consent.
The grantee shall not be held in default under,
or in noncompliance with, the provisions of this franchise, nor suffer
any enforcement or penalty relating to noncompliance or default (including
termination, cancellation or revocation of the franchise), where such
noncompliance or alleged defaults occurred or were caused by strike,
riot, war, earthquake, flood, tidal wave, unusually severe rain or
snow storm, hurricane, tornado or other catastrophic act of nature,
labor disputes, governmental, administrative or judicial order or
regulation or other event that is reasonably beyond the grantee's
ability to anticipate and control. This provision also covers work
delays caused by waiting for utility providers to service or monitor
their own utility poles on which the grantee's cable and/or equipment
is attached.
In the event that the LFA enters into a franchise,
permit, license, authorization or other agreement of any kind with
any other person or entity other than the grantee to enter the LFA's
public ways for the purpose of constructing or operating a cable system
or providing Cable Service to any part of the service area, the material
provisions thereof shall be reasonably comparable to those contained
herein, in order that one operator not be granted unfair competitive
advantage over another and to provide all parties equal protection
under the law.
A.
Unless expressly otherwise agreed between parties,
every notice or response required by this franchise to be served upon
the LFA or the grantee shall be in writing and shall be deemed to
have been duly given to the required party:
B.
The notices or responses to the LFA shall be addressed
as follows:
|
The Office of the Borough Secretary
Borough of Conway
1208 Third Avenue
Conway, PA 15027
|
C.
The notices or responses to the grantee shall be addressed
as follows:
|
TCI of Pennsylvania, Inc.
Attention: General Manager
300 Corliss Street
Pittsburgh, PA 15220-4815
|
D.
The LFA and the grantee may designate such other address
or addresses from time to time by giving notice to the other.
The captions to the sections contained herein
are intended solely to facility the reading thereof. Such captions
shall not affect the meaning or interpretation of the text therein.
The municipality reserves the right to adopt
from time to time, in addition to the provisions herein contained,
such ordinances as may be necessary in the exercise of police power.
Such regulation shall be reasonable and not in derogation of the rights
herein granted, nor in conflict with the state or other local or federal
laws or regulations.
The following documents shall be incorporated
herein:
All ordinances and resolutions, and any parts
of either thereof, which are inconsistent or in conflict herewith
shall be and the same are hereby repealed to the extent of such inconsistency
or conflict.
If any section, sentence, paragraph, term or
provision hereof is determined to be illegal, invalid, or unconstitutional,
by any court of competent jurisdiction or by any state or federal
regulatory authority having jurisdiction thereof, such determination
shall have no effect on the validity of any other section, sentence,
paragraph, term or provision hereof, all of which will remain in full
force and effect for the term of the franchise, or any renewal or
renewals thereof.
