Township of Falls, PA Chapter A214 Cable Television Franchise

[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.]

§ A214-1 Definitions and word usage.

A. Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein:

[1]AREA OUTAGE

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.

BASIC SUBSCRIBER TELEVISION SERVICES

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.

CABLE ACT or COMMUNICATIONS POLICY ACT

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.

CABLE SERVICE

The one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection (or use) of such video programming or other programming service or as otherwise provided by law or regulation.

CABLE TELEVISION SYSTEM or CABLE SYSTEM or SYSTEM

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:

(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;

(2) A facility that serves only subscribers without using any public rights-of-way;

(3) 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

(4) Any facilities of any electric utility used solely for operating its electric utility systems.

CHANNEL

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.

COMMERCIAL SUBSCRIBER

A subscriber who receives a service in a place of business where the service may be utilized in connection with a business, trade, or profession.

COMPANY

A person who is the recipient of a franchise in accordance with the provisions of this ordinance.

DAYS

Calendar days unless otherwise specified.

DOWNSTREAM TRANSMISSIONS

Signals traveling from the headend to the subscriber's location.

DROP

A connection from feeder cable to the subscriber/user television set, radio or other terminal.

EDUCATIONAL CHANNEL or EDUCATIONAL ACCESS CHANNEL

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.

FCC

The Federal Communications Commission.

FRANCHISE

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.

FRANCHISE AREA

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.

FRANCHISE FEE

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.

GOVERNMENT CHANNEL or GOVERNMENT ACCESS CHANNEL

Any channel specifically designated or dedicated for government use and which is provided at no charge.[2]

GROSS ANNUAL REVENUE

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.

HEADEND

The electronic center through which broadcast and cablecast signals are electronically translated or modified for distribution over cable system.

INTERACTIVE SERVICES

Services based on the transmission of information on the cable system from the subscriber's location to the headend.[3]

PARENT

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.

PERSON

Any individual, firm, partnership, association, corporation, company or legal entity of any kind.[4]

PLANT MILE

A linear mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

PUBLIC ACCESS CHANNEL, COMMUNITY ACCESS CHANNEL or COMMUNITY CHANNEL

Any channel designated or dedicated for use by the general public or noncommercial organizations which is made available for use without charge.

PUBLIC-RIGHTS-OF-WAY or STREETS or PUBLIC GROUNDS

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.

REASONABLE NOTICE

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.

SALE

Includes any sale, exchange, barter or public offer for sale.

SUBSCRIBER

Any person receiving service from the cable system.

TOWNSHIP

The Township of Falls, Bucks County, Pennsylvania.

TWO-WAY CAPABILITY

The ability to transmit audio, video and digital signals upstream and downstream on the cable system.

UPSTREAM TRANSMISSIONS

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.

§ A214-2 Granting and renewal of nonexclusive franchise.

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.

§ A214-3 Right to install facilities or use existing facilities.

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.

§ A214-4 Construction and maintenance of facilities; conditions of occupancy.

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.

§ A214-5 Construction reporting requirements.

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.

§ A214-6 Tests and performance monitoring.

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.

§ A214-7 Limitation of franchise.

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.

§ A214-8 Township use of facilities.

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.

§ A214-9 Emergency use of facilities.

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.

§ A214-10 Company maintenance of office in Township.

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.

§ A214-11 Charges to subscribers.

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.

§ A214-12 Subscriber policy.

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:

(1) If the company could not obtain access to the subscriber's premises; or

(2) If the Township, acting reasonably, agrees with the company that correcting such outages or making such repairs was not reasonably possible within the allotted time period.

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.

§ A214-13 Dealing in television receivers prohibited.

The company shall not sell, service, install or rent television receivers.

§ A214-14 Transmission and maintenance standards and requirements.

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.

§ A214-15 License fee; reports to be filed.

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.

§ A214-16 Change of ownership or control.

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.

§ A214-17 Removal of facilities from subscribers' premises.

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.

§ A214-18 Removal of facilities from Township.

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.

§ A214-19 Offering service.

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.

§ A214-20 Parental control.

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.

§ A214-21 Cancellation or termination of franchise.

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.

§ A214-22 Indemnity; insurance, bond.

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:

(1) General liability insurance in the amounts of $1,000,000 per person, $5,000,000 per occurrence, for bodily injury or death, and $1,000,000 property damage.

(2) Statutory workers' compensation insurance and employee liability insurance in required amounts.

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:

(1) One million dollars for bodily injury and consequent death per occurrence;

(2) One million dollars for bodily injury and consequent death to any one person; and

(3) Five hundred thousand dollars for property damage per occurrence.

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.

§ A214-23 Service requirements.

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.

§ A214-24 Extension policy.

In addition to § A214-19, the company shall make cable service available as specified in the franchise.

§ A214-25 Performance evaluation.

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.

§ A214-26 Equal opportunity.

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.

§ A214-27 Extension of term by Township.

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.

§ A214-28 Identification.

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.

§ A214-29 Court and regulatory agency reports and filings.

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.

§ A214-30 Rights of Township.

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.

§ A214-31 System security; tampering; penalty.

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.

§ A214-32 Cable Television Advisory Board.

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.

§ A214-33 Repealer; effect of other controls; severability.

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.

§ A214-34 When effective.

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.

§ A214-35 Emergency power.

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.

§ A214-36 Subscriber lists.

[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.

§ A214-37 Drops.

Insofar as practicable, the company shall adhere to the subscribers desire with regard to point of entry of the drop connection into the structure.

§ A214-38 Delegation.

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.

§ A214-39 A/B switch.

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.

§ A214-40 Complaint policy.

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.

§ A214-41 New technology.

The franchisee shall provide the Township with state-of-the art technology and services as specified in the franchise.

§ A214-42 Reports required.

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.

§ A214-43 Franchise applications.

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:

(a) Conform to all relevant state and local laws and ordinances.

(b) Describe the agenda to be considered at the public hearing.

(c) Indicate that copies of all franchise applications are available for public inspection during normal business hours at a place to be specified in the notice.

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.