[HISTORY: Adopted by the Board of Supervisors
of Falls Township 12-30-1986 by Ord. No. 86-14; amended in its entirety
1-22-2002 by Ord. No. 2002-2. Subsequent amendments noted where applicable.]
A.
[1]AREA OUTAGE
BASIC SUBSCRIBER TELEVISION SERVICES
CABLE ACT or COMMUNICATIONS POLICY ACT
CABLE SERVICE
CABLE TELEVISION SYSTEM or CABLE SYSTEM or SYSTEM
(1)
(2)
(3)
(4)
CHANNEL
COMMERCIAL SUBSCRIBER
COMPANY
DAYS
DOWNSTREAM TRANSMISSIONS
DROP
EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL
FCC
FRANCHISE
FRANCHISE AREA
FRANCHISE FEE
GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL
GROSS ANNUAL REVENUE
HEADEND
INTERACTIVE SERVICES
PARENT
PERSON
PLANT MILE
PUBLIC ACCESS CHANNEL, COMMUNITY ACCESS CHANNEL or COMMUNITY
CHANNEL
PUBLIC-RIGHTS-OF-WAY or STREETS or PUBLIC GROUNDS
REASONABLE NOTICE
SALE
SUBSCRIBER
TOWNSHIP
TWO-WAY CAPABILITY
UPSTREAM TRANSMISSIONS
Definitions. For the purposes of this ordinance, the
following terms, phrases, words and their derivations shall have the
meanings given herein:
Cable or equipment is damaged, fails or otherwise malfunctions
(collectively called "malfunctions"), and a node malfunctions or 15%
of the subscribers in the service area affected from that section
of cable or that equipment receive unusable or no service as a result
of that malfunction.
A separately available basic service tier to which subscription
is required for access to any other tier of service. Such basic service
tier shall, at a minimum, consist of the following: all signals carried
in fulfillment of the Cable Act, Sections 614 and 615 (47 U.S.C. §§ 534
and 535); any public, educational, and governmental access programming
required in this ordinance or the franchise; any signal of any television
broadcast station that is provided by the cable operator to any subscriber,
except a signal which is secondarily transmitted by a satellite carrier
beyond the local service area of such station. Additional signals
may be added to the basic tier by the company.
The Communications Act of 1934 (47 U.S.C. §§ 521
through 561), as amended by the Cable Communications Policy Act of
1984 and the Cable Television Consumer Protection and Competition
Act of 1992, and the Telecommunications Act of 1996 as it may be amended
or succeeded.
The one-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any,
which is required for the selection (or use) of such video programming
or other programming service or as otherwise provided by law or regulation.
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 facility that serves only to retransmit the
television signals of one or more television broadcast stations;
A facility that serves only subscribers without
using any public rights-of-way;
A facility of a common carrier which is subject,
in whole or in part, to the provision of Title II of the Cable Act,
except that such facility shall be considered a cable system to the
extent such facility is used in the transmission of video programming
directly to subscribers; or
Any facilities of any electric utility used
solely for operating its electric utility systems.
A portion of the electromagnetic frequency spectrum (or any
other means of transmission, including, but not limited to optical
fibers) which is discretely identified and capable of carrying full
motion color video, mono or stereo audio and may include other nonvideo
subcarriers and digital information.
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.
A person who is the recipient of a franchise in accordance
with the provisions of this ordinance.
Calendar days unless otherwise specified.
Signals traveling from the headend to the subscriber's location.
A connection from feeder cable to the subscriber/user television
set, radio or other terminal.
Any access channel(s) where educational programs on behalf
of public, private and nonprofit schools are the only designated use
and which is provided at no charge for use. Regulations for the educational
access channels shall be established by the Township.
The Federal Communications Commission.
A franchise contract entered into voluntarily by the company
containing the specific provisions of the franchise granted and other
related material. The franchise granted pursuant to this ordinance
grants the nonexclusive and revocable rights to construct, operate
and maintain a cable television system along the streets and public
grounds within all or 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.
The entire Township, or portions thereof, for which a franchise
is granted under the authority of this ordinance. If not otherwise
stated in the franchise, the franchise area shall be the corporate
limits of the Township, including all territory thereafter annexed
to the Township.
The percentage, as specified by this ordinance, of the company's
gross revenues from all sources payable in exchange for the rights
granted pursuant to this ordinance and the franchise agreement.
Any channel specifically designated or dedicated for government
use and which is provided at no charge.[2]
Any and all payments made to or compensation received by
the company, its affiliates, subsidiaries, parents and any person
or entity in which the company or any such affiliate, subsidiary or
parent has a financial interest, directly or indirectly, from subscribers,
advertisers or other users of the system in connection with the operation
of the cable system within the franchise area; excluding any taxes
on services furnished by the company imposed directly on any subscriber
or user by any governmental unit and collected by the company for
such governmental unit, converter deposits, and bad debts. Gross annual
revenue shall include, but not be limited to: basic service fees;
fees charged for subscribers for any cable tier service; fees charged
to subscribers for any per-channel or per-program services; charges
for installation, relocation, disconnection, reconnection and change-in-service
fees for video or audio programming; rental or sales of any and all
equipment; advertising revenues, including international, national,
regional, and local advertising received by the area system; commissions
received from home shopping channel sales generated in the franchise
area; fees for all music services; and franchise fees.
The electronic center through which broadcast and cablecast
signals are electronically translated or modified for distribution
over cable system.
Services based on the transmission of information on the
cable system from the subscriber's location to the headend.[3]
Any person holding direct or indirect ownership or control
of 20% or more of the rights of control of a company, and any person
holding such ownership or control of a parent of a company.
Any individual, firm, partnership, association, corporation,
company or legal entity of any kind.[4]
A linear mile of strand-bearing cable as measured on the
street or easement from pole to pole or pedestal to pedestal.
Any channel designated or dedicated for use by the general
public or noncommercial organizations which is made available for
use without charge.
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, utility easements or other
public right-of-way now or hereafter held by the Township which shall
entitle the Township and the company to the use thereof for the purpose
of installing and maintaining the company's cable television system.
No reference herein, or in any franchise, to the "public rights-of-way,
streets or public grounds" shall be deemed to be a representation
or guarantee by the Township that its title to any property is sufficient
to permit its use for such purpose, and the company 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.
A written notice addressed to the company at its principal
office within the Township or such other office as the company 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 seven 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 seven days, holidays recognized by the Township
shall be excluded.
Includes any sale, exchange, barter or public offer for sale.
Any person receiving service from the cable system.
The Township of Falls, Bucks County, Pennsylvania.
The ability to transmit audio, video and digital signals
upstream and downstream on the cable system.
Signals traveling from subscriber or other originating points
on the cable system to a headend or subheadend.
[1]
Editor's Note: The former definition of "affiliate," adopted
10-17-2017 by Ord. No. 2017-04, and which immediately preceded this
definition, was repealed 5-17-2021 by Ord. No. 2021-05.
[2]
Editor's Note: The former definition of "grantee," adopted
10-17-2017 by Ord. No. 2017-04, and which immediately followed this
definition, was repealed 5-17-2021 by Ord. No. 2021-05.
[3]
Editor's Note: The former definitions of "other service" and
"necessary," adopted 10-17-2017 by Ord. No. 2017-04, and which immediately
followed this definition, was repealed 5-17-2021 by Ord. No. 2021-05.
[4]
Editor's Note: The former definition of "personally identifiable
information," adopted 10-17-2017 by Ord. No. 2017-04, and which immediately
followed this definition, was repealed 5-17-2021 by Ord. No. 2021-05.
B.
Word usage. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number, words in the singular number include
the plural number and words in the male gender include the female
gender. The word "shall" is always mandatory and not merely directory.
A.
The Board of Supervisors of the Township of Falls
is hereby authorized, in consideration of the faithful performance
and observance of the conditions and obligations herein imposed, to
grant to a company or companies, by resolution, the nonexclusive franchise
right, privilege, authority and easement for a period as specified
in the franchise to construct, own, operate and maintain a cable television
system and to erect, maintain and operate television transmission
and distribution facilities, and additions thereto, in, under, over,
along, across and upon the streets, lanes, avenues, sidewalks, alleys,
bridges and other public places in the Township, and subsequent additions
thereto, for the purpose of transmission and distribution of cable
services in accordance with the laws and regulations of the United
States of America and the Commonwealth of Pennsylvania and the ordinances
and regulations of the Township now in effect or hereafter enacted.
The Township specifically reserves the right to grant at any time
such additional franchises for a cable communication system as it
deems appropriate, and/or build, operate, and own such cable communication
system or systems as it deems appropriate.
B.
In exercising rights pursuant hereto, the company
shall not endanger or interfere with the lives of persons, interfere
with any installations of the Township, any public utility serving
the Township or any other person permitted to use the streets and
public grounds nor unnecessarily hinder or obstruct the free use of
the streets and public grounds. The grant of one franchise does not
establish priority for use over the other present or future permit
or franchise holders or the Township's own use of the streets and
public grounds. The Township shall at all times control the distribution
of space in, over, under or across all streets or public grounds occupied
by the cable television system. All rights granted for the construction
and operation of the cable television system shall be subject to the
continuing right of the Township to require such reconstruction, relocation,
change or discontinuance of the appliances used by the cable television
system in the streets, alleys, avenues, and highways of the Township
as shall in the opinion of the Township be necessary for the maintenance,
use or improvement of the public rights-of-way.
C.
No grant of any franchise shall affect the right of
the Township to grant to any other person a right to occupy or use
the streets, or portions thereof, for the construction and operation
of a cable television system within the Township or the right of the
Township to permit the use of the streets or public grounds of the
Township for any purpose whatever. By accepting a franchise, the company
thereby acknowledges the Township's right to make such grants and
permit such uses. No privilege or power of eminent domain is bestowed
on the company by the grant of a franchise.
D.
The company or companies shall be required, after
receiving a grant by resolution of the Board of Supervisors, to exercise
the nonexclusive franchise to construct, own, operate and maintain
a cable television system and to enter into a written franchise agreement
with the Township in the manner and form set forth by the Township
Solicitor wherein they shall agree to adhere to and implement all
requirements as specified by this ordinance and agreement between
the parties.
E.
The Township shall have the right to renew or deny
the renewal of the franchise in accordance with the provisions of
the Cable Act.
F.
In the event of conflict between the terms and conditions
of this ordinance and the franchise, the ordinance shall control.
The ordinance may be amended by the Township as allowed by law; provided,
however, that any amendment to the ordinance binding on the franchisee
shall be confined to changes which do not materially alter the rights
and obligations of the franchisee under this franchise agreement and
the ordinance as it exists on the date of this franchise agreement.
G.
Any franchise granted by the Township is hereby made
subject to the general ordinance provisions now in effect and hereafter
made effective. Nothing in the franchise shall be deemed to waive
the requirements of the various codes and ordinances of the Township
regarding permits, taxes, fees to be paid, or manner of construction.
H.
The franchise area shall be the entire Township, or
portions thereof, for which a franchise is granted.
I.
No cable television system, open video system and/or
new telecommunications system shall be allowed to occupy or use the
streets of the Township or be allowed to operate within the Township
without a franchise.
J.
The company shall comply with all applicable laws,
ordinances and regulations enacted by the Township pursuant to its
inherent police and regulatory power. Any conflict between the terms
of this ordinance or the franchise and any present or future lawful
exercise of the Township's police and regulatory powers shall be resolved
in favor of the latter.
A.
There is hereby granted the further right, privilege and authority to the company to lease, rent, subscribe to, service or in any other manner obtain the use of towers, poles, lines, cables, facilities, services, licenses and franchises within the limits of the Township, and to use such towers, poles, line cables and other equipment and facilities, subject to all existing and future laws and regulations of the United States of America and the Commonwealth of Pennsylvania and the ordinances and regulations of the Township subject to § A214-2F. The poles used for the company's distribution system shall be those erected and maintained by the telephone or electric companies and the company, when and where practicable, provided that mutually satisfactory rental agreements can be entered into with said other companies.
B.
To the extent possible, the company shall make attachments
to poles already in existence within the Township. No poles shall
be erected by the company without prior approval of the Township with
regard to location, height, types and any other pertinent aspect.
However, no location of any pole or wire-holding structure of the
company shall give rise to a vested interest in the public right-of-way,
and such poles or structures shall be removed or modified by the company
at its own expense whenever the Township determines that the public
convenience would be enhanced thereby. The cable system plant shall
be underground wherever the electric and telephone utility plant is
underground, including being moved underground in all areas where
a utility plant which is now aerial is hereafter placed underground.
A.
To the extent of the conditions provided under § A214-3 of this ordinance, the company shall have the right and privilege to construct, erect, operate and maintain in, upon, along, above, across, over and under the streets such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to its system, provided that permits are issued for the location of such poles subject to the written approval of the Township, that the company complies with all design, construction, safety, and performance provisions contained in this ordinance, the franchise, and other applicable local ordinances. All structures, lines and equipment erected by the company within the Township shall be so located as to cause minimum interference with the use of streets, alleys, easements and other public ways and places and with the rights or reasonable convenience of property owners, and the company shall comply with all reasonable, proper and lawful ordinances of the Township now or hereafter in force pursuant to its inherent regulatory power to promote the health, safety, and general welfare of the public.
B.
The company's rights and privileges shall be subordinate
to any prior lawful use or occupancy of the streets or other public
property and shall not be so used as to interfere with existing improvements
or with new improvements this Township may deem proper to make or
as to hinder or obstruct the free use of the streets, alleys, bridges
or other public property. In the event that any equipment or facilities
of the company shall interfere with any such improvement existing
or intended to be made by the Township, the company shall, upon notice
from the Township, forthwith relocate said equipment and facilities
at the company's expense so as to eliminate said interference.
C.
In case of disturbance of any street, sidewalk, alley, public way, paved area or other surface, the company shall, at its own cost and expense and in a manner approved by the Township's appropriate authority, remove, replace and restore such street, sidewalk, alley, public way, paved area or other surface so disturbed in as good a condition as before the work involving such disturbance was done. The company shall restore to its original condition all damage to private property. All restoration work done by the company pursuant to this Subsection C shall be done as soon as practicable after completion of the work necessitating such restoration.
D.
If, at any time during the period of the franchise,
the Township shall lawfully elect to alter or change the grade or
alignment or rerouting of any street, sidewalk, alley or other public
way, the company, upon reasonable notice by the Township, shall remove,
relay and relocate its poles, wires, cables, underground conduits,
manholes and other fixtures at its own expense.
E.
Any poles or other fixtures placed in any public way
by the company shall be placed in such a manner as not to interfere
with the usual travel on such public way.
F.
The company shall have the authority, as specified
in the franchise, to trim trees upon and overhanging streets, alleys,
sidewalks and public ways and places of the Township so as to prevent
the branches of such trees from coming in contact or interfering with
the wires and cables of the company.
G.
The company shall, at the request of any person holding
a building moving permit issued by the Township, temporarily raise
or lower its wires to permit the moving of the building. The cost
to be determined by the company at the rate of fair time and expense
for such temporary raising or lowering of wires shall be chargeable
to the permit holder.
H.
The company shall, at all times, keep on file with
the Township Manager true and accurate maps or plats of all existing
aerial and underground feeder lines, trunk lines and subtrunk lines
and a list of educational and municipal buildings to which special
services are being provided. Franchisee shall have accurate maps of
all vaults, pedestals and manhole covers available for inspection
by the Township at the franchisee's local office.
I.
Construction and maintenance of the cable television
system shall be in accordance with the provisions of the following:
National Electrical Safety Code, Occupational Safety and Health Administration
Regulations (OSHA); National Electrical Code; National Electrical
Safety Code (NESC); National Cable Television Standard Code; all federal,
state and municipal construction requirements, including FCC rules
and regulations; utility construction requirements; all building and
zoning codes; and all land use restrictions as all of the above exist
or any amendments or revisions thereof and in compliance with any
applicable rules, regulations or orders now in effect or hereafter
issued by any federal or state commission or any other public authority
having jurisdiction.
J.
All installations of equipment shall be durable, of
a permanent nature and installed in accordance with good engineering
practice as outlined by the National Bureau of Standards, the American
Institute of Electrical Engineers and the American Society of Mechanical
Engineers or consistent with industry standards. The company shall
comply with all Township regulations, ordinances and state and federal
laws now existing or hereinafter enacted so as not to interfere with
the right of the public or individual property owner and so as not
to unduly interfere with the travel and use of public places by the
public during the construction, repair or removal of its facilities.
K.
All structures and all lines, equipment and connections
in or over, under and/or upon the streets, sidewalks, alleys and public
ways or places of the Township, wherever situated or located, shall
be kept and maintained at all times in a safe, suitable and substantial
condition and in good order and repair.
L.
In the construction, conduct, maintenance and operation
of its business, the company shall comply with all requirements of
the Township ordinances, resolutions, local laws, rules, regulations
and specifications heretofore or hereafter enacted or established,
including but not limited to those concerning street work, street
excavation, use and removal and relocation of property within a street.
M.
All worker facilities, conditions, and procedures
that are used during construction, installation, operation, and maintenance
of the cable system shall comply with the standards of the Occupational
Safety and Health Administration.
N.
The company shall not begin any major construction,
modification, addition, replacement, removal or any major change whatever
of its facilities in any public place (except ordinary and necessary
repairs) without filing for a permit with the Township and the Engineer
and providing a plan of such work and receiving a permit therefor.
The review of the Engineer and Township shall be to assure compliance
with the terms of this ordinance.
O.
The company shall give appropriate notice to the Township
and directly affected residents within a reasonable period of time
of proposed construction, excavation, laying or stringing of cable
under streets or on poles, but in no event shall such notice be given
less than 14 days before such commencement.
P.
The Township or its designee shall have the right
to inspect at any time all construction or installation work performed
subject to the provisions of this ordinance and the franchise and,
upon reasonable notice to the franchisee, to make such tests as it
shall deem necessary to ensure compliance with the terms of this ordinance,
the franchise and all other applicable law. The company shall cooperate
fully with the Township during all inspections and tests and shall
provide access to all equipment, records, and other materials and
information necessary for such inspections and tests. Except as otherwise
provided by this ordinance, the franchise, law, regulation or ordinance,
all inspections and tests performed by the Township shall be initially
at the Township's sole cost and expense. If the company is found not
to be in compliance with the terms of the ordinance and all other
applicable law, then the company must reimburse the Township for the
costs of such inspections and tests. This reimbursement is not to
be considered a part of the franchise fee.
Q.
The company's system and facilities, including poles,
lines, equipment and all appurtenances, shall be located, erected
and maintained so that such facilities shall:
(1)
Not endanger or interfere with the health, safety
or lives of persons;
(2)
Not interfere with any improvements the Township,
county or state may deem proper to make;
(3)
Not interfere with the free and proper use of public
streets, alleys, bridges, easements or other public ways, places or
property, except to the minimum extent possible during actual construction
or repair;
(4)
Not interfere with the rights and reasonable convenience
of private property owners, except to the minimum extent possible
during actual construction or repair; and
(5)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the
Township.
R.
The company shall be subject to all laws, ordinances
or regulations regarding private property or regulations regarding
private property in the course of constructing, installing, operating
or maintaining the cable television system in the Township of Falls.
The company shall promptly repair or replace all private property,
both real and personal, damaged or destroyed as a result of the construction,
installation, operating or maintenance of the cable television system
at its sole cost and expense.
S.
In addition to the requirements herein, the company
shall, prior to performing any underground construction, receive Township
approval to construct, and the company shall use its best efforts
to locate, in advance, any water, sewage, and drainage lines. Where
any damages or alterations occur to the Township's water, sewage or
drainage lines or to any other municipal structures in the streets
during the construction due to the presence, negligence, operation
or maintenance of the cable television system, the sole cost of such
repairs, including all services and materials, will be billed against
the company, and these charges shall be paid immediately or the Township
may foreclose on performance bonds or invoke other appropriate sanctions
provided for in this ordinance.
T.
All necessary easements over and under private property
shall be arranged for by the company.
U.
The company shall include in the franchise a manual
which sets forth the specifications, standards and procedures for
construction and installation of its cable television system. Said
manual shall be consistent with the highest standards of the cable
television industry and shall, at a minimum, establish procedures
to ensure quality work and provide for the safety and protection of
residents and property.
V.
No conduit shall be installed by the company without
prior approval of the Township with regard to location and any other
pertinent aspect. However, no location of any conduit of the company
shall give rise to a vested interest, and such conduit or structures
shall be removed or modified by the company at its own expense whenever
the Township determines that the public convenience would be enhanced
thereby.
W.
The company shall comply with all Township, county
and state traffic requirements and Uniform Traffic Safety Code regulations.
Barricades or other barriers such as signs, traffic cones, red flags,
and warning lights shall be utilized at all work sites frequented
by the public until an area is cleared for normal public use. Local
law enforcement shall be contacted, when necessary, to direct traffic.
Before leaving a job site each day, company's employees and contractors
shall be required to pick up all scrap materials and ensure that any
construction materials and tools are properly stored and covered and
that derricks, planks and ladders are removed from or piled at the
roadside.
X.
Company shall have contractors bonded and insured
for liability, in an appropriate amount, prior to conducting work
within the Township. All employees of the company who enter subscribers'
homes in the course of their employment shall be bonded and insured
for liability in an appropriate amount for the term of this ordinance.
Y.
The company shall, at its own cost and expense, undertake
all necessary and appropriate efforts to prevent accidents at its
work sites, including the placing and maintenance of proper guards,
fences, barricades, watchmen, and suitable and sufficient lighting.
A.
Sixty days prior to major construction or reconstruction
of the cable system in the franchise area, the company shall provide
the Township with a written progress report detailing work completed
to date and a schedule for completion of construction. Such report
shall include a description of the progress in applying for any necessary
agreements, licenses, or certifications and any other related information
the Township Manager may deem necessary. The content and format of
the report will be mutually agreed upon between the parties.
B.
Such written progress reports shall be submitted to
the Township on a bimonthly basis throughout the entire construction
or rebuild process.
A.
Not later than 45 days after any new or substantially
rebuilt portion of the system is made available for service to subscribers,
and thereafter in accordance with federal regulation, the company
shall conduct technical performance tests to demonstrate full compliance
with all technical standards contained in the franchise and the technical
standards and guidelines of the FCC. Such test reports will be available
as soon a possible, but in no event later than 60 days from the completion
of the tests.
B.
Such tests shall be performed by or under the supervision
of a qualified registered technician. A copy of the report shall be
submitted to the Township, describing test results, instrumentation,
calibration, and test procedures, and the qualification of the technician
responsible for the tests.
C.
System monitor test points shall be made at the test
points as shall be required by the FCC.
D.
Whenever there have been similar complaints made or
when there exists other evidence which, in the judgment of the Township,
casts doubt on the reliability or quality of the company's system,
the Township shall have the right and authority to compel the company
to test, analyze, and report on the performance of its system. The
Township may require additional tests, full or partial repeat tests,
different test procedures, or tests involving a specific subscriber's
terminal. Reports on such tests shall be delivered to the Township
no later than 20 days after the Township formally notifies the company.
The report shall include the following information: the nature of
the complaints which precipitated the special tests; what system component
was tested; the equipment used and procedures employed in said testing;
the results of such tests; and methods by which said complaints were
resolved. Said tests and analyses shall be supervised by a qualified
technician who shall sign all records of the special tests and forward
same to the Township with a report interpreting the results of the
tests and recommending what actions should be taken. If requested
by the Township, the company shall have an engineer review such tests.
All such tests shall be at the expense of the company.
E.
Radiation monitoring shall be conducted by all maintenance
technicians on an ongoing basis. The results of said monitoring shall
be made available to the Township upon request.
This ordinance authorizes only the installation
and operation of a cable television system providing cable service
and does not take the place of any other franchise, license or permit
which may be required by law.
The company shall grant to the Township, free
of expense, joint use of any and all poles owned by it for any proper
Township purpose, provided that it may be done without interfering
with the free use and enjoyment of the company's own facilities and
in compliance with the National Electric Safety Code.
Franchisee shall comply with the requirements
of the federal emergency alert system as specified by the FCC (47
CFR Part 11.1 et seq.). Franchisee shall provide the Township with
a local alert system (LAS), which shall allow the Township to video
crawl emergency messages to all cable subscribers on all channels
from two computers via any touch-tone phone and an access code. Persons
to be provided with emergency messaging access shall be selected by
the Township. The Township requires that its government channel serve
as the emergency video feed. The Township may test the franchisee's
local alert system and shall consult with the franchisee when developing
policies for testing. The franchisee shall provide the software and
hardware needed to provide LAS as specified herein and provide training
to the Township on use of the LAS.
The company shall maintain an office and/or
a drop box in the Township for the purpose of accepting payments by
subscribers and shall provide for exchanging converters and as may
be further specified in the franchise. The company shall maintain
a toll-free telephone number for the purpose of receiving inquiries
and complaints from its customers and the general public.
A.
To the extent that federal or state law or regulation
may now or as the same may hereafter be amended to authorize the Township
to regulate the rates for any particular service tiers, service packages,
equipment, or any other services provided by the company, the Township
shall have the right to exercise rate regulation to the full extent
authorized by law, or to refrain from exercising such regulation for
any period of time, at the sole discretion of the Township.
B.
As required by law and regulation, the Township will
follow FCC rate regulations in its regulation of the basic service
rates and charges of the company. The Township Attorney, or his designee,
is authorized to execute on behalf of the Township and file with the
FCC such certification forms or other instruments as are now or may
hereafter be required by the FCC rate regulations in order to enable
the Township to regulate basic service rates and charges.
C.
The company shall not subject any person to any prejudice
or disadvantage, preference or advantage in connection with rates,
charges, service facilities, rules or regulations. Nothing herein
shall prohibit the establishment of a graduated scale of rates, not
in excess of those prescribed herein, for classified schedules to
which any subscriber within such classification shall be entitled
nor shall it prohibit reduced rates for senior citizens and charitable
institutions.
D.
Pursuant to FCC regulations, any changes in rates
by the company shall be preceded by at least 30 days' notice thereof
to persons receiving cable service.
A.
The company shall comply with all customer service
regulations in this ordinance the franchise and FCC regulations.
B.
Company shall install cable service to a subscriber
within seven days unless the subscribers' dwelling unit is in an area
with less than 25 homes per mile or is in a newly annexed area with
a density of more than 25 homes per mile. In such cases, the time
frame established in the franchise shall apply.
C.
In the event of written or credible oral notice of
a subscriber of an outage of video or audio programming or other lawful
cable service for any reason, and such outage shall continue for a
period greater in duration than six hours during any one calendar
day, then the grantee shall reduce the invoice of that subscriber
for the month in which such substandard delivery or loss shall have
occurred by the fraction 1/30 multiplied by the number of calendar
days during which such substandard delivery or loss greater in duration
than six hours shall have occurred.
D.
Before providing any service to any subscriber and
upon request by any customer thereafter, the company shall provide
the following subscription information.
(1)
A description of the cable services provided by the
company, accompanied by a listing of the charges and procedures for
each such service, either alone or in combination;
(2)
A listing of all rates, terms and conditions for each
cable service or tier of cable service, both alone and in combination,
and all other charges, such as for returned checks and for relocating
cable outlets;
(3)
Instructions on how to use other communications devices
which may be used in conjunction with the system;
(4)
A description of the company's billing and collection
procedures;
(5)
The procedure for the resolution of billing disputes,
including the telephone number of the office subscribers may call
with regard to billing disputes, as specified by the Township;
(6)
Description of the company's policies concerning credits
for outages and reception problems, consistent with these consumer
protection standards;
(7)
The complaint resolution process; and
(8)
The local numbers for the company's subscriber service
telephone system.
E.
The company will provide subscribers with a program
channel card for all cable services when channel line-up changes,
at the time of installation and upon request thereafter.
F.
The company shall abide by the following procedure
for installation:
(1)
Under normal operating conditions, the standards in
this section shall be met no less than 95% of the time as measured
on a quarterly basis. The term "normal operating conditions" means
those service conditions which are within the control of the company.
Those conditions which are not within the control of the company include,
but are not limited to, natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control
of the company include, but are not limited to, special promotions,
pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the cable system.
(2)
Once a request for cable service is received, the
company shall either set a specific appointment time or specify a
four-hour time block during normal business hours, as requested by
the subscriber or potential subscriber, during which the company's
work crew shall install the new equipment to receive service. The
term "normal business hours" means those hours during which most similar
businesses in the community are open to serve customers. The company
may schedule installation activities outside of normal business hours
for the express convenience of the subscriber.
(3)
Unless a later date is requested by a potential subscriber,
the company shall complete installation of service for any new subscriber
within seven business days after any such request is received, where
the installation is located up to 150 feet from the existing distribution
system.
G.
The company shall have a toll-free telephone number
for receiving requests for repair or installation services, for reporting
outages and for responding to billing questions. Telephone lines shall
be answered by a customer service representative 24 hours per day,
seven days per week. Excluding conditions beyond the control of the
cable operator, work will begin on service outages promptly.
H.
On the effective date of this ordinance, the telephone
system shall have, at a minimum, enough incoming lines and adequate
staff to process incoming calls such that telephone answer time, including
wait time, shall not exceed 30 seconds when the connection is made.
If the call needs to be transferred, transfer time shall not exceed
30 seconds. Subscribers shall receive a busy signal less than 3% of
the time.
I.
The standards in Subsections G and H above shall be met no less than 90% of the time under normal operating conditions, measured on a quarterly basis. The company will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards unless a historical record of complaints indicate a clear failure to comply.
J.
The company shall abide by the following format requirements
on subscribers bills:
(1)
The bill shall be designed in such a way as to present
the information contained therein clearly and comprehensibly to subscribers.
(2)
The bill shall contain itemized charges for each category
of service and equipment and any installation of equipment or facilities
and monthly use thereof (together, "equipment") for which a charge
is imposed (including late charges, if any), an explicit due date,
the name and address of the company and telephone number for the company's
office responsible for inquiries and billing, the telephone number
specified by the Township for the resolution of billing disputes,
and the FCC community unit identifier number. The bill shall state
the billing period, amount of current billing and appropriate credits
or past due balances, if any.
(3)
The company shall not charge a potential subscriber
or subscriber for any service or equipment that the subscriber has
not affirmatively requested by name. A subscriber's failure to refuse
a cable operator's proposal to provide such service or equipment shall
not be deemed to be an affirmative request for such service or equipment.
K.
Company shall provide all individual residential subscribers
with the option of paying for cable service by cash, check, an automatic
payment plan, or by major credit card on a preauthorized basis.
L.
All bills shall be rendered monthly, unless otherwise
authorized by the subscriber, or unless service was provided for less
than one month.
M.
Following is the procedure company shall abide by
for collecting late bills:
(1)
No bill shall be due less than 15 days from the date
of the mailing of the bill by the company to the subscriber.
(2)
A bill shall not be considered delinquent until at
least 30 days have elapsed from the mailing of the bill to the subscriber
and payment has not been received by the company, provided that no
bill shall be mailed more than 15 days prior to the date services
covered by such bill commence, except in cases where a subscriber
requests advance billing. Late fees will not exceed company's average
cost of collecting delinquent accounts.
(3)
The company shall not physically or electronically
discontinue service for nonpayment of bills rendered for service until:
the subscriber is delinquent in payment for service; and at least
five days have elapsed after a separate written notice of impending
discontinuance has been served personally upon a subscriber; or at
least eight days have elapsed after mailing to the subscriber a separate
written notice of impending discontinuance (for which postage is paid
by the company), addressed to such person at the premises where the
subscriber requests billing; or at least five days have elapsed after
a subscriber has either signed for or refused a certified letter (postage
to be paid by the company) containing a separate written notice of
impending discontinuance addressed to such person at the premises
where the subscriber requests billing. Notice of service discontinuance
must clearly state the amount in arrears, the total amount required
to be paid to avoid discontinuance of service, reconnection charges
if applicable, and the date by which such payment must be made.
N.
Following is the procedure the franchise shall abide
by in resolving billing disputes:
(1)
The billing dispute resolution procedure shall be
initiated once a subscriber contacts the company's department which
handles billing questions or the Township, orally or in writing, so
long as such contact occurs within 30 days from the date of receipt
of the bill by the subscriber. If the subscriber contacts the Township,
the Township shall notify the company, by mail, by telephone or by
electronic means, that the dispute resolution procedure has been initiated
and the company shall then contact the subscriber to discuss the dispute.
(2)
The subscriber shall not be required to pay the disputed
portion of the bill until the dispute is resolved. The company shall
not apply finance charges, issue delinquency or termination notices,
or initiate collection procedures for the disputed portion of the
bill pending resolution of the dispute.
(3)
The company shall promptly undertake whatever review
is necessary to resolve the dispute and shall notify the subscriber
of the results of the review as soon as it is completed but in no
case later than 20 business days after receipt from the subscriber
of the billing dispute, problem or complaint notification.
(4)
The company shall notify the subscriber of its proposed
resolution of the billing dispute.
O.
Prior to referring a delinquent account to the collection
agency, the company shall follow the procedure listed below:
(1)
If the billing dispute resolution procedures have
not been initiated, the delinquent account may be referred to a private
collection agency for appropriate action no sooner than 30 business
days after it becomes delinquent.
(2)
If the billing dispute resolution procedures have
been initiated, the delinquent account shall not be referred to a
collection agency prior to 10 business days after the conclusion of
those procedures, including any appeal to the Township.
P.
The company shall comply with all rules and regulations
promulgated by the FCC pursuant to Sections 623 and 624A of the Cable
Act (47 U.S.C. §§ 543 and 544a).
Q.
Following are time periods by which outages must be
corrected and repairs shall be made by the company:
(1)
The company shall maintain sufficient repair and maintenance
crews so as to be able to correct or repair any reception problem
or other service problem of either picture or sound quality, including
any outage of sound and/or picture, on any channel except for a problem
caused by an intentional, wrongful act of the subscriber or by the
subscriber's own equipment which was not supplied by the company promptly
and in no event later than 48 hours after the company either receives
a request for repair service or the company learns of it. For purposes
of this section, "reception problem" shall constitute reception that
an affected subscriber reasonably determines is unsatisfactory unless
the company can demonstrate that the signals transmitted to such subscriber
are in compliance with the FCC's technical signal quality standards.
(2)
The company shall maintain, at all times, an adequate repair and service force in order to satisfy its obligations pursuant to Subsection Q(1) above, and in cases where it is necessary to enter upon a subscriber's premises to correct any reception problem or other service problem, the company shall either set a specific appointment time or specify a four-hour time block during normal business hours, as requested by the subscriber or potential subscriber, during which the company's work crew shall work on the service problem. The company may schedule service calls outside of normal business hours for the express convenience of the subscriber.
(3)
In no event shall the company cancel any necessary
scheduled service call after the close of the business on the business
day prior to the scheduled appointment. If the company needs to cancel
a scheduled appointment, it must contact the subscriber and reschedule
at a time convenient for the subscriber.
R.
The company's failure to correct outages or to make
repairs within the stated time periods shall be excused in the following
circumstances:
S.
The company shall not impose any fee or charge any
subscriber for any service call to his or her premises to perform
any repair or maintenance work on company's equipment that has not
been tampered or damaged.
T.
For new installations, excluding locations where all
utilities are underground, if a subscriber requests underground cable
service, company may charge the subscriber the differential between
the cost of aerial and underground installation of the drop to the
subscriber. This provision shall not apply where undergrounding is
required by Township ordinance or policy.
U.
The company shall keep records capable of showing
all requests for repair service and information on outage correction
or trouble calls (to the extent available with respect to each of
the following types of information), which shall show, at a minimum,
the name and address of the affected subscriber, the date and the
approximate time of request, the date and approximate time the company
responds, the date and approximate time service is restored, the type
and the probable cause of the problem. Such records shall also describe
the corrective action taken and, in the case of outages, shall estimate
the number of subscribers affected. For the purposes of this section,
"time" shall mean the time of request or appointment period, as applicable.
Records required herein may be destroyed two years after such information
was collected. Such records shall not be revealed in violation of
Section 631 of the Cable Act (47 U.S.C. § 551).
V.
For the purposes of this section, "complaint" shall
mean any written communication by a subscriber or potential subscriber
or oral communication by a subscriber or potential subscriber reduced
to writing, including to a computer form, expressing dissatisfaction
with any aspect of the company's business or operation of the system.
W.
Except where another time period is required by any
other provision of this section, the company shall make its good faith
to resolve, as soon as practicable and in no event later than seven
business days, all trouble calls and service interruptions after such
complaints are received by the company.
X.
If the Township is contacted directly about a complaint
concerning the company, the Township shall notify the company. Within
seven business days after being notified about the complaint, the
company shall inform the Township about any corrective steps which
were taken.
Y.
The company shall provide the following notices:
(1)
The company shall provide notice to all persons receiving cable service of any change in any fee or charge, which notice shall be provided no later than 30 days prior to the effective date of any such change. All notices required by this § A214-12Y shall specify, as applicable, the service or services affected, the new rate, charge, term or condition, the effect of the change, and the effective date of the change.
(2)
The company shall provide notice, in writing, to all
persons receiving cable service of any change in any channel assignment
or in any service provided over any such channel, which notice shall
be provided no later than 30 days prior to the effective date of any
such change.
(3)
As described in this § A214-12Y(3), the company may terminate service to any subscriber whose bill has not been paid after it becomes delinquent, so long as the company gives proper notice to the subscriber.
Z.
The company shall not refuse to serve a former subscriber
whose service was terminated so long as all past bills and late charges
have been paid in full.
AA.
If disconnection occurs at the subscriber's written
or oral request, then, for billing purposes, it shall be deemed to
have occurred three business days after the company receives the request
for disconnection at company's business offices unless it in fact
occurs earlier or the subscriber requests a longer period.
BB.
The company shall either set a specific appointment
time or specify a four-hour time period during normal business hours
during which its work crew shall visit the subscriber's premises to
disconnect service and to remove any equipment. The company may schedule
such service outside normal business hours for the express convenience
of the subscriber.
CC.
The company shall ensure that the subscriber's premises
are restored to their original condition if damaged by the company's
employees or agents in any respect in connection with the installation,
repair or disconnection of cable service.
DD.
The company shall not charge any fee for disconnection.
EE.
If the downgrading of a subscriber's service shall
be effected solely by coded entry on a computer terminal or by another
similarly simple method, the charge for such downgrading shall not
exceed allowable costs, per FCC rules and regulations. Charges for
changes in service tiers or equipment that are impossible to be made
by coded entry on a computer terminal or other similarly simple method
and that involve a more complex method shall not exceed allowable
costs, per FCC rules and regulations.
FF.
In the event applicable law permits, at any time during
the term of the franchise the Township requires the company to retroactively
decrease or rollback rates, fees or charges for any service provided
pursuant to the agreement, the company shall automatically provide
a credit on each subscriber's bill affected by such decrease or rollback.
GG.
Company shall continue to comply with the National
Cable Television Association's On-Time Customer Service Guarantee.
The guarantee "promises on-time service calls or the customer receives
$20, and on-time installation calls or the customer receives a free
installation."
HH.
If a subscriber can provide credible evidence that
a converter box or other cable-related company-owned customer premises
equipment is destroyed by fire, flood, tornado, building collapse
or otherwise such that the premises are not habitable, company shall
refund any deposit for such equipment and shall not charge the subscriber
for replacement equipment but may seek reimbursement from applicable
insurance policies.
II.
Subject to federal law, company shall not tap or monitor
or arrange for the tapping or monitoring or permit any other person
to tap or monitor any cable, line, signal, input device, or subscriber
facility for any purpose without the written authorization of the
affected subscriber. Such authorization shall be revocable at any
time by the subscriber without penalty by delivering a written notice
of revocation to company; provided, however, that company may conduct
cable system-wide or individually addressed sweeps solely for the
purpose of verifying cable system integrity, checking for illegal
taps or billing, internal marketing purposes, or in compliance with
a court order.
JJ.
Company's bills, advertising and communications to
its current or potential subscribers shall be truthful and shall not
contain any false or misleading statement. For the purposes of the
preceding, a statement is "false or misleading" if it contains an
untrue statement of any material fact or omits to state a material
fact necessary in order to make the statements made, in the light
of the circumstances under which they were made, not misleading.
KK.
Company shall provide reports to the Township upon
request as follows or as otherwise specified in the franchise:
(1)
The reports shall be in form and substance acceptable
to the Township, showing on a consistent basis, fairly applied the
matters set forth below so as to measure company's compliance with
the standards of the referenced sections and such other matters as
the Township shall from time to time specify. Such reports shall show
company's performance excluding periods of abnormal operating conditions,
and if company contends any such conditions occurred during the period
in question, it shall also describe the nature and extent of conditions
and show company's performance both including and excluding the time
periods company contends such conditions were in effect.
LL.
The Township reserves the right as provided by the
Cable Act and FCC rules to alter or amend the customer service and
consumer protection matters set forth in this section, including adopting
ordinances stricter than or covering items not presently set forth
in this section. The Township agrees to meet with company on the matters
in question prior to taking such action and to provide company with
at least 90 days' prior notice of such action.
The company shall not sell, service, install
or rent television receivers.
The company shall:
A.
Promulgate and adhere to any FCC or National Cable
Television Association technical standards or guidelines directed
toward maximizing the reliability (mean-time-between-malfunctions)
and maintainability (mean-time-to-repair) of the cable system with
respect to its delivery of service to subscribers.
B.
The cable television system shall be installed and
operated in conformance with this ordinance, the franchise, and FCC
rules and regulations. Any FCC technical standards or guidelines related
to the cable television system and facilities shall be deemed to be
regulations under this franchise. At such time as the FCC does not
regulated technical standards, the company will continue to comply
with the FCC standards which were in effect on the effective date
of this ordinance.
C.
Submit to the Township, upon request unless otherwise
specified in the franchise, copies of all performance tests of the
cable system submitted by the company to the FCC. The Township shall
have the right, at its expense, to employ consultants to conduct independent
testing of cable system performance. The company may require that
a company employee be present at such testing.
D.
Transmit signals of adequate strength to produce good
pictures and good sound at all outlets without interfering with other
electrical or electronic systems or equipment or with television reception
of sets in the area not connected to the company's cable system.
E.
Have a local listed telephone so operated that requests
for repairs or adjustments can be received at any time, 24 hours per
day, seven days per week. The company responds to such requests within
24 hours. The company shall respond within four hours to any area
outage which occurs between the hours of 7:00 a.m. and 10:00 p.m.,
and by not later than the following 11:00 a.m. to any area outage
which occurs between 10.00 p.m. and 7:00 a.m. Requests for service
made outside regular office hours may be received by an answering
service or a recorder.
F.
Whenever it is necessary to interrupt service for
the purpose of making repairs, adjustments or installations, franchisee
shall use its best efforts to do so at such time as will cause the
least amount of inconvenience to subscribers. Unless such interruption
is unforeseen and immediately necessary or the interruption is between
the hours of 6:00 a.m. and 12:00 noon, franchisee shall give reasonable
notice to affected subscribers. The requirement for maintenance of
equipment contained in this provision shall not apply to the subscriber's
television receiver.
G.
The company shall also furnish, upon request, to the
Township copies of proof of performance reports and financial reports
of the company when they are required to be filed with the Federal
Communications Commission and the Securities and Exchange Commission,
together with copies of any and all other Federal Communications Commission
filings.
A.
Because the Township finds that the public rights-of-way
to be used by the company in the operation of its system within the
boundaries of the franchise area are valuable public properties acquired
and maintained by the Township and state at great expense to its taxpayers;
and the grant to the company to the said streets is a valuable property
right without which the company would be required to invest substantial
capital in right-of-way costs and acquisitions; and the administration
of this ordinance or the franchise imposes upon the Township additional
regulatory responsibility and expense; therefore, the company of any
franchise hereunder shall pay to the Township a franchise fee in an
amount as designated in the franchise, but in no event less than 5%
of the gross annual revenues or the maximum amount permitted under
applicable federal, state, or local law if such maximum is greater
than 5%. This annual franchise fee shall be in addition to any other
fee, and the obligation to pay such fees shall commence as of the
effective date of the franchise. The Township shall be furnished annually
a fully audited statement of said payment by a certified public accountant
reflecting the total amounts of annual gross revenues and the above
charges and computations for the period covered by the payment.
B.
Franchise fee payment shall be computed quarterly
for the preceding three months (or lesser period with respect to the
first payment hereunder) as of March 31, June 30, September 30 and
December 31 of each calendar year and be due and payable 60 days after
the end of each computed quarter. Each payment shall be accompanied
by a statement showing the factual basis for the computation of the
fee.
C.
In addition to the aforesaid franchise fee, the company
shall reimburse the Township for its initial franchising costs for
attorneys' and consultants' fees in connection with the establishment
of this ordinance and the franchise agreement and such other reasonable
professional fees in the course of modification of the terms of this
ordinance as may be necessary as a result of franchising. The company
shall not be responsible for the payment of any professional fees
where the Township is attempting to, or has attempted to, enforce
the provisions of this ordinance against any recalcitrant company.
Payment shall be made within 30 days after receipt of billing therefore.
D.
The company shall file with the Township, within 45
days of the expiration of any calendar quarter during which this ordinance
is in force, a financial summary report showing gross annual revenues
as defined herein, certified by a financial representative of the
franchisee. The report shall contain assurance that the company is
in compliance with the financial terms and provisions of this ordinance.
E.
The company shall permit the Secretary of the Township,
or the Township's authorized representative, upon 10 business days'
written notice, to examine or have examined the books and records
of the company to assure compliance with the terms and provisions
of this ordinance, and such records shall be made available in the
Philadelphia metro area. Failure to pay any sums due on the date due
will result in a penalty of 5% on the amount overdue.
F.
The company shall keep records of account showing
payments and dates received for four years unless another period of
time is required by federal, commonwealth, or local law. The duly
authorized agent of the Township shall have the right to inspect and
audit the current records of gross revenue of the company during normal
business hours after written notice of the same is conveyed to the
company. The Township shall have the right, at its own expense, to
audit the records of gross revenue of the company for any annual period
at any reasonable time. If any such audit shows that the company has
underpaid the franchise fee by 5% or more, the company shall reimburse
the Township for the cost of such audit.
G.
No acceptance of any payment shall be construed as
an accord that the payment is in fact the correct amount nor shall
such acceptance of payment be construed as a release of any claim
the Township may have for further or additional sums payable under
the provisions of this ordinance.
H.
This payment shall be in addition to any other tax
or payment owed to the Township or other taxing jurisdiction by the
company. Payment of the franchise fee made by the company to the Township
shall not be considered in the nature of a tax but shall be in addition
to any and all taxes which are now or may be required hereafter to
be paid by any federal, state, or local law.
A.
A franchise shall not be assigned or transferred,
either in whole or in part, or leased, sublet, or mortgaged in any
manner nor shall title to the cable system be transferred, legal or
equitable, or any right, interest or property therein pass to or vest
in any person without the prior written consent of the Township. After
receiving the request for transfer, the franchising authority shall,
in accordance with FCC rules and regulations, notify the company,
in writing, within 30 days of the information it requires to determine
the legal, financial, character, technical, and other related qualifications
of the transferee. If required by law or regulation and if the franchising
authority has not taken action on the company's request for transfer
within 120 days after receiving such requested information, consent
by the franchising authority shall be deemed given unless the parties
agree to a extension of time.
B.
The company or its parent company shall not sell,
transfer or dispose of 25% or greater ownership interest in the company
or more at one time of the ownership or controlling interest in the
system or 25% cumulatively over the term of the franchise of such
interests to a corporation, partnership, limited partnership, trust
or association, or person or group of persons acting in concert without
the consent of Township. Every sale, transfer, or disposition of 25%
or greater ownership interest as specified above in the company shall
make the franchise subject to revocation unless and until the Township
shall have consented thereto.
C.
The company shall not change control of the company
or its parent company in whatever manner exercised without the prior
written consent of the Township.
D.
Every change, transfer, or acquisition of control
of the company shall make the franchise subject to revocation unless
and until the Township shall have consented thereto. For the purpose
of determining whether it shall consent to such change, transfer,
or acquisition of control, the Township may inquire into the legal,
financial, character, technical and other public interest qualifications
of the prospective transferee or controlling party, and the company
shall provide the Township with all required information. The Township
reserves the right to impose certain conditions on the transferee
as a condition of the franchise as allowed by law and to ensure that
the transferee is able to meet existing ordinance and franchise requirements.
E.
Any financial institution having a pledge of the franchise
or its assets for the advancement of money for the construction and/or
operation of the franchise shall have the right to notify the Township
that it will take control and operate the cable television system.
If the financial institution takes possession of the cable television
system, the Township shall take no action to effect a termination
of the franchise without first giving to the financial institution
written notice thereof and a period of six months thereafter (unless
otherwise provided herein below) to allow the financial institution
or its agent(s) to continue operating as the company under the franchise
and to request the Township, and for the Township to determine whether,
to consent to the assignment of the company's rights, title, interest
and obligations under the franchise to a qualified operator. The Township
acknowledges that, in order for the financial institution to realize
upon the collateral accorded to it by the loan documents, the financial
institution must be entitled to a reasonable period of time after
taking possession of the franchise under the loan document to obtain
the Township's consent to an assignment of the franchise to a qualified
operator. The Township agrees that such reasonable period of time
is six months after the financial institution takes possession of
the cable communication system and, further, agrees that the Township
shall use its best efforts to decide upon the assignment of the franchise
to the new operator proposed by the financial institution within such
period of time. The financial institution shall be entitled to such
possession and other rights granted under this subsection until such
time that the Township determines whether to consent to such assignment
(the "extended time"). If the Township finds that such transfer after
considering the legal, financial, character, technical and other public
interest qualifications of the applicant are satisfactory, the Township
will consent to the transfer and assign the rights and obligations
of such franchise as in the public interest. During the six-month
period or extended time, the financial institution shall enjoy all
the rights, benefits and privileges of the company under the franchise,
and the Township shall not disturb such possession by the financial
institution, provided the financial institution complies in all respects
with the terms and provisions of the franchise and this ordinance.
The various rights granted to the financial institution under this
subsection are contingent upon the financial institution's continuous
compliance with the terms and provisions of this ordinance and the
franchise during the entire aforementioned six-month period or extended
time, if applicable. For example, should an agent of the financial
institution take possession of the cable communication system pursuant
to rights granted to the financial institution under this subsection,
and such agent fails to comply with the level of service requirements
set forth in this ordinance or the franchise, the rights granted to
the financial institution under this ordinance and the franchise shall
automatically terminate.
F.
The consent or approval of the Township or any other
public entity to any transfer of the company shall not constitute
a waiver or release of the rights of the Township in and to the public
property or public rights-of-way, and any transfer shall, by its terms,
be expressly subordinate to the terms and conditions of this ordinance
and the franchise.
G.
Based upon public information, the Township reserves
the right to be informed of the purchase price of any transfer or
assignment of the cable system.
H.
Any approval by the Township of transfer of ownership
or control shall be contingent upon the prospective party submitting
a guarantee in writing that it will comply with the terms and conditions
of this ordinance and the franchise Agreement.
If a subscriber or the person in possession
of the premises so requests, but only upon such request, the company
shall promptly remove all of its overhead facilities and equipment
from such subscriber's premises, without charge. Any subscriber may
terminate service at any time.
Upon revocation or denial of renewal of the
franchise, as provided for herein, the Township shall have the right
to require the company to remove at its own expense all aerial portions
of the system from all public ways within the Township. The Township
may deem abandoned any portion of the cable system not removed within
six months after revocation or denial of renewal of the franchise
and may, at its option, assume title thereto or, with respect to the
aerial plant only, may remove such aerial plant at the company's expense.
The company shall furnish a normal or standard
installation of cable service as herein provided to all locations
in the Township which are capable of receiving service within 150
feet from the company's cable system plant as located on the date
of execution of this ordinance or as specified in the franchise.
In accordance with the Cable Act, the company
shall make available to any subscriber so requesting, at no more than
cost, a parental-guidance or lockout device which will permit the
subscriber, at his or her option, to scramble or block comprehensible
reception of any primarily adult cable channels or channels. Such
device may be part of a converter, remote control or other equipment.
Such devices or capability shall block both the video and the audio
portion of such channels to the extent that both are unintelligible.
A.
Upon revocation or denial of franchise renewal, the
Township shall have the option either to purchase the cable system
or to require the company to remove, at its own expense, all aerial
portions of the cable system from all public ways and places within
the franchise area.
B.
In addition to all other rights and powers of the
Township by virtue of this ordinance, the Township may revoke the
franchise and all rights and privileges of the company hereunder in
the event the company:
(1)
Either:
(a)
Substantially violates any material provision
of this ordinance or any rule, order or determination of the Township
made pursuant hereto where such violation remains for a period of
30 days or longer as specified by the Township following notice to
the company by the Township that, due to the fault or neglect of the
company, such violation is deemed to exist;
(b)
Attempts to evade any major provisions of the
franchise or practices any fraud or deceit upon the Township; or
(c)
Accumulates, within a period of six consecutive
months, penalties imposed under this ordinance in an amount exceeding,
in the aggregate, $3,000.
(2)
Fails to provide or maintain in full force and effect
the liability and indemnification coverage or the performance bond
as required herein.
(3)
Violates any orders or rulings of any regulatory body
having jurisdiction over the company relative to this ordinance or
the franchise.
(4)
Delays construction schedule later than any schedule
contained in the franchise or beyond any extended date set by the
Township.
(5)
Becomes insolvent, unable or unwilling to pay its
debts or is adjudged bankrupt.
(6)
Fails to restore service after 96 consecutive hours
of interrupted service, except when approval of such interruption
is obtained from the Township.
(7)
Provides material misrepresentation of fact in the
application for or negotiation of the franchise or any extension or
renewal thereof.
(8)
Fails to comply with the access provisions of this
ordinance or the franchise.
C.
The Township may not exercise its rights to revoke
the franchise pursuant hereto unless it shall have first held a public
hearing, on at least 30 days' written notice to the company, at which
all interested parties, including the company, are afforded an opportunity
to be heard. If the nature of the violation is such that it cannot
be fully cured within 30 days due to circumstances outside the control
of the company, the period of time in which the company must cure
the violation may be extended by the Township, in writing, for such
additional time necessary to complete the cure, provided that the
company shall have promptly commenced to cure the violation and is
diligently pursuing its efforts to cure in the reasonable judgment
of the Township. The Township, after conducting the public hearing,
many either declare the franchise terminated by a resolution, reach
a settlement with the franchisee or excuse the franchisee upon a showing
by the franchisee of mitigating circumstances or good cause for the
existence of such grounds.
D.
If the Township exercises its option to purchase the
cable system, the purchase price shall be determined as provided in
the Cable Act.
E.
If the Township revokes the franchise pursuant to Subsection B(1)(c) above, the company shall have the right, by giving the Township notice thereof within 14 days after the Township gives the company notice of such revocation, to require that validity of all or any of the penalties imposed upon the company which are included in the three-thousand dollar right to revoke.
F.
Pending litigation or any appeal to any regulatory
body or court having jurisdiction over the company shall not excuse
the company from the performance of its obligations under this ordinance
or the franchise. Failure of the company to perform such obligations
because of pending litigation or petition may result in forfeiture
or revocation pursuant to the provisions of this section.
A.
To the fullest extent permitted by law, the company
shall, at its sole cost and expense, fully indemnify, defend and hold
harmless the Township, its officers, public officials, boards and
commissions, agents, and employees from and against any and all lawsuits,
claims, (including, without limitation, worker's compensation claims
against the Township or others), causes of action, actions, liability,
and judgments for injury or damages (including but not limited to
expenses for reasonable legal fees and disbursements assumed by the
Township in connection therewith):
(1)
To persons or property in any way arising out of or
through the acts or omissions of the company, its subcontractors,
agents or employees to which the company's negligence shall in any
way contribute, and except to the extent that losses arise from the
willful misconduct or gross negligence of the Township, its officers,
public officials, boards and commissions, agents, or employees shall
have contributed to such claim, cause of action, judgment, injury,
or damage.
(2)
Arising out of any claim for invasion of the right
of privacy, for defamation of any person, firm or corporation, or
the violation or infringement of any copyright, trademark, trade name,
service mark or patent, or any other right of any person, firm or
corporation.
(3)
Arising out of the company's failure to comply with
the provisions of any federal, state, or local statute, ordinances
or regulation applicable to the company in its business hereunder.
B.
The foregoing indemnity is conditioned upon the following:
(1)
The Township shall give the company timely notice
of any claim or the commencement of any action, suit or other proceeding
covered by the provisions of this section. Nothing herein shall be
deemed to prevent the Township from cooperating with the company and
participating in the defense of any litigation by its own counsel
at its own costs and expense. No recovery by the Township of any sum
by reason of the liquidated damages required by the franchise shall
be subject to litigation by the company, except that any sum so received
by the Township shall be deducted from any recovery which the Township
might have against the company under the terms of this section.
C.
The company shall pay, and by its acceptance of the franchise specifically agrees that it will pay, all expenses incurred by the company in defending itself and the Township with regard to all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses, such as attorney's fees, and shall also include the reasonable value of any services rendered by the Township Solicitor or his assistants or any employees of the Township upon the request of the company. Nothing herein shall be deemed to prevent the Township from cooperating with the grantee and participating in the defense of any litigation by its own counsel and its own cost and expense. If the Township determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the franchising authority.
D.
The company shall maintain, and by its acceptance of this ordinance specifically agrees that it will maintain throughout the term of the franchise, liability insurance insuring the Township and the company with regard to all damages mentioned in Subsection A above in the minimum amounts of:
E.
The company shall maintain, and by its acceptance
of any franchise granted hereunder specifically agrees that it will
maintain throughout the term of the franchise, automobile liability
insurance for owned, nonowned, or rented vehicles in the minimum amount
of:
F.
The company shall maintain, and by its acceptance
of the franchise specifically agrees that it will maintain throughout
the term of the franchise, a faithful performance bond running to
the Township in the penal sum of $50,000, conditioned that the company
shall well and truly observe, fulfill and perform each term and condition
of this ordinance and that, in case of any breach of condition of
the bond, the amount thereof shall be recoverable from the principal
and surety thereof by the Township for all damages resulting from
the failure of the company to well and faithfully observe and perform
any provision of this ordinance. No later than 30 days after mailing
to the company certified mail notification of a withdrawal, the company
shall replenish the performance bond in an amount equal to the amount
so withdrawn.
G.
All employees of the company who enter subscribers'
homes in the course of their employment shall be bonded in an appropriate
amount for the term of the franchise.
H.
The company shall provide coverage for any contractor
or subcontractor involved in the construction, installation, maintenance
or operation of its cable television system by either obtaining the
necessary endorsements to its insurance policies or requiring such
contractor or subcontractor to obtain appropriate insurance coverage
consistent with this section and appropriate to the extent of its
involvement in the construction, installation, maintenance or operation
of the company's cable television system.
I.
The insurance policies and bonds obtained by the company pursuant to Subsections D, E, F, G and H above shall be with companies authorized to do business in the Commonwealth of Pennsylvania. Such insurance policies, or acceptable evidence thereof (e.g., certificate of insurance), and bond shall be filed and maintained with the Township Secretary during the term of the franchise. Each applicable insurance policy and bond shall contain a thirty-day cancellation clause with the provision that the Township receives a thirty-day direct notification by the insurance companies in the event of cancellation or nonrenewal of such insurance policies.
J.
None of the provisions of this ordinance or any insurance
policy required herein or any damages recovered by the Township hereunder
shall be construed to excuse the faithful performance by or limit
the liability of the company under this ordinance or the franchise
for damages either to the limits of such policies or otherwise.
K.
All expenses of the above-noted insurance and bond
shall be paid by the company.
A.
The company shall provide free drops and service as
specified in the franchise.
B.
Access channels.
(1)
The company shall comply with the present and future
rules and regulations of the Federal Communications Commission in
connection with and relating to the operation of its system and shall
provide a minimum of four access channels as designated in the franchise.
C.
The company shall provide all services to subscribers
as described herein.
(1)
The system shall carry the broad categories of programming
and services listed in the franchise. Should the company desire to
change the selection of programs or services offered on any of its
tiers, it shall maintain the mix, level, and quality of services provided
over the system. Any such change in programs or services offered shall
be reported to persons receiving cable service at least 30 days prior
to the proposed implementation. The company shall use its best efforts
to ensure diversity of programming.
(2)
Basic service tier. A basic service tier shall be
offered to subscribers throughout the term of the franchise.
In addition to § A214-19, the company shall make cable service available as specified in the franchise.
A.
The Township and the company shall, at the discretion
of the Township, hold scheduled performance evaluation sessions annually.
All such evaluation sessions shall be open to the public.
B.
Special evaluation sessions may be held at any time
during the term of the franchise at the request of the Township upon
reasonable written notice to the franchisee.
C.
All evaluation sessions held as public hearings shall
be open to the public and announced in a newspaper of general circulation.
D.
Topics which may be discussed at any scheduled or
special evaluation session may include, but not be limited to, system
performance and construction, the company compliance with this ordinance
and the franchise, customer service and complaint response, subscriber
privacy, services provided, programming offered, service rate structures,
if applicable, franchise fees, penalties, free or discounted services,
applications of new technologies, judicial and FCC filings, and line
extensions.
E.
During the review and evaluation by the Township,
the company shall fully cooperate with the Township and shall provide
such information and documents as the Township may need to reasonably
perform its review of the franchisee's compliance with the franchise
and this ordinance.
F.
The Township may, at any time, make inquiries concerned
with the management and affairs of the cable television system. The
company shall respond to such inquiries in a timely fashion.
The company shall not hire or refuse to hire
or employ nor bar or discharge from employment nor discriminate for
or against any person in compensation or in terms, conditions or privileges
of employment because of age, race, creed, color, national origin
or sex. The company shall not deny service or access or otherwise
discriminate against subscribers, programmers or other persons in
violation of the Constitution of either the United States or the Commonwealth
of Pennsylvania.
Notwithstanding any other provision of this
ordinance, in the event of revocation or denial of renewal of this
ordinance, the Township may nevertheless extend the term hereof beyond
such revocation or denial of renewal for such period of time, not
to exceed two years, as the Township may specify, by giving the company
such notice as is reasonable in the circumstances, and during any
such extension the Township may terminate this ordinance as to any
area or areas within the franchise area as it may from time to time
designate, effective at any time not less than 30 days from the date
of such notice. In the event of any such extension, the company shall
continue to operate its cable system in accordance with all the provisions
of this ordinance, except to the extent, if any, that the company
is unable to perform because of partial termination as herein above
provided, and shall cooperate to the fullest extent possible with
any other person to whom a franchise is awarded, including, without
limitation, moving the company's plant to temporary positions on utility
poles, without interruption of service, so that the new company can
install its plant without incurring unnecessary pole make-ready costs,
provided that any such new company shall reimburse the company for
its reasonable, actual, out-of-pocket expenses, including overhead,
incurred by the company in responding to requests by such new company
for cooperation pursuant hereto.
The company shall ensure that all of its vehicles,
employees and contractors are clearly identified to the general public
as being associated with the company.
The company shall submit simultaneously to the
Township copies of all pleadings, applications, reports, communications
and documents of any kind, except tax returns, submitted by the company
to, as well as, with respect to actions to which the company is a
party, copies of all decisions, correspondence and actions by any
federal, state and local courts, regulatory agencies and other government
bodies relating to its cable television operations hereunder which
directly involve the Township franchise or cable system.
A.
If a renewal of the franchise held by the company
is denied and the franchising authority acquires ownership of the
cable system or effects a transfer of ownership of the system to another
person, any such acquisition or transfer shall be at fair market value,
determined on the basis of the cable system valued as a going concern
but with no value allocated to the franchise itself.
B.
If the franchise held by the company is revoked for
cause and the franchising authority acquires ownership of the cable
system or effects a transfer of ownership of the system to another
person, any such acquisition or transfer shall be at an equitable
price.
C.
The Township shall exercise appropriate regulatory
authority under the provisions of this ordinance and applicable law.
This authority shall be vested in the Township Board of Supervisors
and administered through the Township Manager or his designee. The
Township Manager or his designee shall provide day-to-day administration
and enforcement of the provisions of this ordinance and any franchise
granted hereunder and shall carry out the Township's responsibilities
with regard to cable television.
D.
At all times during the term of the franchise, the
company shall comply with all laws, rules or regulations of the Township,
state or federal governments, their regulatory agencies or commissions
which are now applicable or may be applicable hereafter to the construction
and operation of the cable television system, including, without limitation,
all laws, ordinances, or regulations now in force or hereafter enacted.
Nothing herein shall be deemed a waiver of the company's right to
challenge the validity of any such law, rule or regulation.
E.
Notwithstanding any other provisions of this ordinance
to the contrary, the company shall at all times comply with all laws
and regulations of the local, state and federal government. In the
event that any actions of the state or federal government or any agency
thereof or any court of competent jurisdiction upon final adjudication
substantially reduce in any way the power or authority of the Township
under this ordinance or the franchise, or if in compliance with any
local, state, or federal law or regulation the company finds conflict
with the terms of this ordinance the franchise, or any law or regulation
of the Township, then, as soon as possible following knowledge thereof,
the company shall notify the Township of the point of conflict believed
to exist between such law or regulation and the laws or regulations
of the Township, this ordinance and the franchise. The Township, at
its option, may notify the company that it wishes to negotiate those
provisions which are affected in any way by such modification in regulations
or statutory authority. Thereafter, the company shall negotiate in
good faith with the Township in the development of alternate provisions
which shall fairly restore the Township to the maximum level of authority
and power permitted by law. The Township shall have the right to modify
any of the provisions of this ordinance to reflect the agreement between
the Township and the company to carry out the full intent and purpose
of this ordinance and the franchise.
F.
The Township reserves the right to exercise the maximum
plenary authority, as may at any time be lawfully permissible, to
regulate the cable television system, the franchise and the company.
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 company, engage in any
such additional regulation as may then be permissible, whether or
not contemplated by this ordinance or the franchise, including, without
limitation, regulation regarding franchise fees, taxes, programming,
rates charged to subscribers and users, consumer protection, or any
other similar or dissimilar matter.
G.
The Township shall have the right to inspect all books,
records, reports, maps, plans, financial statements, and other like
materials of the company at any time during normal business hours
related to the enforcement of this ordinance or the franchise. Such
inspection shall take place at the company's local business office
in the Philadelphia metro area, and the company shall have 10 business
days within which to bring such office any requested material kept
at all other locations. The company shall provide such information
in such form as may be required by the Township for said records.
H.
At all reasonable times, the company shall permit
examination by any duly authorized representative of the Township
of system facilities, together with any appurtenant property of the
company situated within or without the Township.
I.
The Township shall have the right of intervention
in any suit or proceeding to which the company is party and may affect
the Township, and the company shall not oppose such intervention by
the Township.
J.
Upon denial of renewal of this ordinance or the franchise
or upon its revocation, as provided for herein, the Township shall
have the right to require the company to remove, at its own expense,
all portions of the cable television system required by public necessity
from all streets and public ways within the Township.
K.
The company shall pay the Township a sum of money
which will, when added to any application fees received, reimburse
all costs and expenses incurred by it in connection with the initial
granting of a franchise or transferring a franchise, including, but
not limited to, consultant fees, attorneys' fees, publication fees,
travel expenses and all other direct costs; provided, however, that
the Township shall submit a detailed schedule of all such costs. Notwithstanding
the above, in instances where there are no material violations of
the franchise, Township fees for each transfer of ownership process
shall not exceed $5,000. Such payment shall be made within 30 days
after the Township furnishes the company with a written statement
of such expenses.
L.
The right is hereby reserved to the Township to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted, subject to § A214-2.
M.
Nothing in this ordinance or the franchise shall limit
any right conferred by the Commonwealth the Township may have to acquire
by eminent domain or otherwise any property of the company.
N.
Whenever the ordinance shall set forth any time for
any act to be performed by or on behalf of the company, such time
shall be deemed by the essence any failure of the company to perform
within the time allotted shall always be sufficient ground for the
Township to invoke an appropriate penalty, including possible revocation
of the franchise.
O.
No course of dealing between the company and the Township
nor any delay on the part of the Township in exercising any rights
hereunder shall operate as a waiver of any such rights of the Township
or acquiescence in the actions of the company in contravention of
rights except to the extent expressly waived by the Township or expressly
provided for in the franchise.
The company shall have the right at all times
to take any and all legal action it deems necessary to preserve the
security to its cable television system and to assure appropriate
use thereof by its subscribers. In addition to the foregoing rights
reserved to the company, any person who willfully or maliciously damages
or causes to be damaged any wire, cable, conduit, apparatus or equipment
of the company or who taps, tampers with or connects any wire or device
to a wire, cable, conduit or equipment of the company with intent
to obtain a signal or impulse therefrom without authorization of the
company shall, for each and every violation, upon conviction thereof,
be subject to a fine or a penalty of up to $600 for each and every
offense. Prosecution of any offenses charged hereunder shall be the
company's responsibility.
A.
There is hereby established an Advisory Board for
Cable Television to be appointed by the Board of Supervisors of Falls
Township.
B.
The Cable Television Advisory Board shall be composed
of five members who shall be residents of Falls Township, who shall
serve for terms of three years determined as follows: one member shall
serve for one year, two members shall serve for two years, and two
members shall serve for three years. Any vacancy shall be filled by
the Township Supervisors by appointment for the remainder of the term.
The Board of Supervisors may appoint by resolution one resident of
Falls Township to serve as an alternate member of the Cable Television
Advisory Board to serve for a term of three years. No employees or
person with ownership interest in a cable television franchise granted
pursuant shall be eligible for membership on the Cable Television
Advisory Board. The Chairperson of the Cable Television Advisory Board
shall serve for a term of one year. Action of the Cable Television
Advisory Board shall require a vote of three of its members. The company
shall appoint an ex officio but nonvoting member of the Advisory Board.
The Cable Television Advisory Board shall have the following functions:
(1)
To advise the Township on applications for franchise
and on franchise renewals.
(2)
To advise the Township on matters which might be grounds
for revocation of the franchise or imposition of penalties on the
company, in accordance with the provisions of this ordinance.
(3)
To assist in the resolution of disagreements among
company's or between the company's and subscribers or public or private
users of the system.
(4)
To advise the Township in respect to rates, to policy
relating to the services provided to subscribers and to the operation
and use of public channels and to the availability of channel time
for lease for pay-cable programs and business users of informational
programming.
(5)
To cooperate with other systems.
(6)
To audit all company records as required by this ordinance
and, at the Advisory Board's discretion, require preparation and filing
of information additional to that required herein; such additional
information to be directly relevant to the company's operations under
this ordinance.
(7)
To make an annual report to the Township, including
the account of franchise fees received and distributed, the total
number of hours of utilization of public channels and hourly subtotals
for various programming categories, and a review of any plans submitted
during the year by the company for development of new services.
(8)
To conduct an evaluation of the system at least every
three years, in consultation with the company and utilizing technical
consultants if necessary, and pursuant thereto make recommendations
to the Township for amendments to this ordinance.
(9)
To review and make recommendations for any revision
of insurance and bond limits.
(10)
To promote and develop the best use by the community
of the cable television and communication services offered in Falls
Township.
(11)
To study, review and make recommendations for
the purchase of equipment necessary to utilize the public and local
government channels.
(12)
To develop ideas for local programming on the
government access channel.
(13)
To make recommendations to the Township Board
of Supervisors for specific programs and, upon authorization by the
Board of Supervisors, to produce such programming for the public access
channel.
C.
A company representative shall attend quarterly Advisory
Board meetings, provided that the Board gives the company reasonable
notice thereof.
A.
All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
B.
To the extent that any federal or state agency with
jurisdiction shall impose, modify or terminate controls in any area
pertinent to this ordinance, this ordinance shall be construed as
not to conflict therewith while it is in the process of amendment
or repeal, as the Township may elect.
C.
If any provision of this ordinance is held by any
court or federal or state agency of competent jurisdiction to be invalid
as conflicting with any federal or state law, rule or regulation now
or hereafter in effect, or is held by any such court or agency to
be modified in any way in order to conform to the requirements of
any such law, rule or regulation (collectively called "law"), said
provision shall be considered a separate, distinct and independent
part of this ordinance, and such holding shall not affect the validity
and enforceability of all other provisions hereof. At the Township's
option, any such invalid or modified provision shall be renegotiated.
In the event that such law is subsequently repealed, rescinded, amended
or otherwise changed so that the provision hereof which had been held
invalid or modified is no longer in conflict with the laws then in
effect, said provision shall thereupon return to full force and effect
and shall thereafter be binding on the parties hereto.
The rights granted to the company shall become
effective upon the execution of a contract between the Township and
the company, binding both parties to comply with the provisions of
this ordinance.
The cable system shall incorporate equipment
capable of providing standby powering of the headend for a minimum
of eight hours and, in the cable system plant, for a minimum of three
hours, upon failure of the power furnished by the utility company.
[Added 5-17-2021 by Ord. No. 2021-05[1]]
The company shall not make available the names
or addresses of any or all of its subscribers to any third party,
except as may be required by law ("list restriction"), and except
for the company's business purposes in operating the cable system,
such as using outside suppliers for billing and promotions, in which
event, the contract with each such supplier shall require supplier
compliance with the list restrictions.
[1]
Editor's Note: This ordinance also repealed former §
A214-36, Privacy protection, added 10-17-2017 by Ord. No. 2017-04.
Insofar as practicable, the company shall adhere
to the subscribers desire with regard to point of entry of the drop
connection into the structure.
The Township may delegate to any Township official,
employee, agency or commission the authority to exercise any of the
Township's rights and authorities hereunder.
The company shall furnish to each subscriber
so requesting, at cost, including labor and reasonable overhead, a
switch permitting the subscriber to change from cable reception to
home antenna reception and back, at the subscriber's option. The company
may require such subscribers to have the home antenna properly grounded,
at the subscriber's expense.
The company shall promulgate a written policy
statement setting forth the procedure for reporting and resolving
subscriber complaints and shall furnish a copy thereof to each subscriber
and to the Township, and thereafter to the Township and all subscribers
whenever there is a change in such policy.
The franchisee shall provide the Township with
state-of-the art technology and services as specified in the franchise.
The company shall file with the Township the
following reports as specified below:
A.
Upon request by the Township, franchisee shall provide
an annual report setting forth the physical miles of plant construction
and plant in operation during the fiscal year which shall be submitted
to the Township, upon request. After completion of initial construction
or any rebuild, maps designating the location of the cable plant shall
be filed with the Township. Thereafter, any revisions to the system
shall be reflected in updated maps provided to the Township in a timely
manner after such changes are made.
B.
During the progress of any initial, rebuild, or other
major construction undertaken during the term of the franchise, reports
shall be sent by the franchisee to the Township on a bimonthly basis
until construction is complete, as specified in this ordinance.
C.
Proof of performance test results shall be supplied
to the Township by the franchisee when sections of the system are
rebuilt and annually, upon request.
D.
Technical tests required by Township as specified
in this ordinance and the franchise shall be submitted within 30 days
of notification by the Township.
E.
Written notification of any change in programming
or service shall be provided by the franchisee to the Township 30
days prior to implementation.
F.
Upon request by the Township, the company's schedule
of charges, contract or application forms of regular subscriber service
policy regarding the processing of subscriber complaints, delinquent
subscriber disconnect and reconnect procedures and any other terms
and conditions adopted as the company's policy in connection with
its subscribers shall be filed with the Township in accordance with
the Customer Service Standards of the FCC, this ordinance, and the
franchise.
G.
Company shall annually submit to the Township the
required performance bond or a certified copy thereof and all certificates
of insurance required by this ordinance or certified copies thereof.
H.
The following financial reports for the franchise
area shall be submitted to the Township, upon request, as provided
for below:
(1)
An annual ownership report indicating all persons,
including, but not limited to, the company and the parent company,
who at any time during the preceding year did control or benefit from
an interest in the franchise of 25% or more to be provided where any
changes in ownership have occurred from those previously reported.
(2)
A fully audited and certified financial report from
the previous calendar year, including year-end balance sheet; income
statement showing subscriber revenue from each category of service
and every source of nonsubscriber revenue, line item operating expenses,
depreciation expense, interest expense and taxes paid; statement of
sources and applications of funds; and depreciation schedule to be
provided every three years, if requested. The fully audited and certified
information will be provided on a Township-basis for gross revenue.
Required financial information may be provided on a consolidated basis
for expenses, depreciation, and sources and applications of funds.
(3)
An annual list of any changes to the officers and
members of the Board of company and of any parent corporation.
(4)
An annual report of the company and any parent corporation.
I.
The company shall prepare and furnish to the Township
at the times and in the form prescribed such additional reports with
respect to its operation, affairs, transactions or property as may
be reasonably necessary and appropriate to the performance of any
of the rights, functions or duties of the Township in connection with
this ordinance or the franchise upon written request of the Township
Manager or his designee.
A.
The Township may invite applications for an initial
cable television franchise by means of a public notice advertising
the availability of its request for proposals.
(1)
The public notice shall contain, but need not be limited
to:
(a)
A description of the franchise area which is
sought.
(b)
A statement that a formal request for proposals
is available to prospective applicants from a Township official whose
name, address, and telephone number are specified.
(c)
A statement that applications for the franchise
must be submitted in writing in the form and manner specified in the
request for proposals no later than a day certain.
(d)
A statement that all applications will be made
available for public inspection during normal business hours at a
specified location.
B.
Prior to inviting any applications for any television
franchise, the Township shall prepare a request for proposals that
shall contain, but need not be limited to, the following:
(1)
A description of the cable television system and services
desired by the Township, including any system specifications established
by the Township.
(2)
A statement specifying the form that all applications
shall follow.
(3)
A statement indicating the amount of the application
fee (if any) to be submitted with the application and the manner in
which such fee is to be submitted.
(4)
A statement that all applications must contain the
information required by the request for proposal.
(5)
The closing date for the submission of applications.
(6)
The name, address, and telephone number of the Township
official(s) who may be contacted for further information.
C.
Any applicant for a franchise shall complete the Township's
request for proposal and provide the information required therein.
D.
The Township shall conduct a public hearing prior
to awarding or denying any cable television franchise. The hearing
shall be preceded by reasonable notice to each of the franchise applicants
and to the public and shall be conducted by the Township Board of
Supervisors in accordance with the following procedures:
(1)
There shall be an agenda for the hearing which shall
specify the proposal(s) to be considered at the hearing.
(2)
Every person who has applied for a cable television
franchise shall appear at the hearing, either in person or by authorized
representative. The application of any applicant not so appearing
shall not be further considered except for good cause shown.
(3)
All persons shall be given opportunity to participate
in the hearing, but nothing contained herein shall limit the power
of the presiding officer to establish reasonable time limits and otherwise
limit repetitive statements or questions.
(4)
The notice of hearing shall:
E.
The Township, at its discretion, may reject any application
for a franchise. In awarding a franchise, the Township shall allow
the applicant's cable system a reasonable period of time to become
capable of providing cable service to all households in the franchise
area; may require adequate assurance that the cable operator will
provide adequate public, educational, and governmental access channel
capacity, facilities, financial support or institutional network facilities;
and may require adequate assurance that the cable operator has the
financial, technical, or legal qualifications to provide cable service.