A.
A written application shall be filed with the Township
for a grant of an initial franchise, renewal of a franchise under
either the formal or informal procedures in accordance with § 626
of the Cable Act, 47 U.S.C. § 546, or modification of a
franchise agreement pursuant to this chapter or a franchise agreement.
B.
To be acceptable for filing, a signed original of
the application shall be submitted. The application must conform to
any applicable requests for proposals, and contain all required information.
All applicants shall include the names and addresses of person authorized
to act on behalf of the applicant with respect to the application.
C.
All applications accepted for filing shall be made
available by the Township for public inspection.
A.
A person may apply for an initial franchise by submitting a request for issuance of a request for proposals (RFP) and requesting an evaluation of that proposal pursuant to Subsection D hereof. Upon receipt of a request for an RFP from an applicant seeking a franchise to provide cable service, the Township shall commence a proceeding to identify the relevant future needs and interests of the community and, upon completion of that proceeding, shall promptly issue an RFP and proposed franchise agreement, which shall be mailed to the person requesting its issuance and made available to any other interested party. The applicant shall respond within the time directed by the Township, providing the information and material set forth in Subsection C hereof. The procedures, instructions and requirements set forth in the RFP shall be followed by each applicant as if set forth and required herein. The Township Manager, or his/her designee, shall be authorized to seek additional information from any applicant and to establish deadlines for the submission of that information.
C.
An RFP for the grant of an initial franchise shall
require, and an unsolicited proposal shall contain, at minimum, the
following information:
(1)
The name and address of the applicant and identification
of the ownership and control of the applicant, including the names
and addresses of the 10 largest holders of an ownership interest in
the applicant and affiliates of the applicant and all persons with
5% or more ownership interest in the applicant and its affiliates;
the persons who control the applicant and its affiliates; all officers
and directors of the applicant and its affiliates; and any other business
affiliation and cable system ownership interest in each named person.
(2)
A demonstration of the applicant's technical ability
to construct and/or operate the proposed cable system.
(3)
A demonstration of the applicant's legal qualifications
to construct and/or operate the proposed cable system, including but
not limited to a demonstration that the applicant meets the following
criteria:
(a)
The applicant must not have submitted an application
for an initial or renewal franchise to the Township which was denied
on the grounds that the applicant failed to propose a cable system
meeting the cable-related needs and interests of the community or
as to which any challenges to such franchising decision were finally
resolved adversely to the applicant, within three years preceding
the submission of the application.
(b)
The applicant must not have had any franchise
validly revoked by any franchising authority within three years preceding
the submission of the application.
(c)
The applicant must have the necessary authority
under federal or Pennsylvania law to offer cable service.
(d)
A franchise will not be issued to an applicant
that may not hold the franchise as a matter of law. An applicant must
have, or show that it is qualified to obtain, the necessary federal
licenses or waivers required to operate the cable system proposed.
(e)
The Township may, in its sole discretion, refuse
to issue a franchise if, at any time during the 10 years preceding
the submission of the application, the applicant was convicted of
any act or omission of such character that the applicant cannot be
relied upon to deal truthfully with the Township and the subscribers
of the cable system, or to substantially comply with its lawful obligations
under applicable law, including obligations under consumer protection
laws and laws prohibiting anticompetitive acts, fraud, racketeering
or other similar conduct.
(f)
An applicant shall not be issued a franchise
if it files materially misleading information in response to an RFP
issued by the Township, or intentionally withholds information that
the applicant lawfully is required to provide.
(g)
An applicant shall not be issued a franchise
if an elected official of the Township holds a controlling interest
in the applicant or an affiliate of the applicant.
[1]
Notwithstanding the foregoing, the Township shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise under Subsection C(3)(b) or (e) by virtue of particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom, the lack of involvement of the applicant's principals or the remoteness of the matter from the operation of cable systems.
(4)
A statement prepared by a certified public accountant
regarding the applicant's financial ability to complete the construction
and operation of the cable system proposed.
(5)
A description of the applicant's prior experience
in cable system ownership, construction and operation, and, if cable
service is proposed, identification of communities in which the applicant
or any of its principals have, or have had a cable television franchise
or license or any interest therein.
(6)
Identification of the area of the Township to be served
by the proposed cable system, including a description of the proposed
franchise area's boundaries.
(7)
A detailed description of the physical facilities
proposed, including channel capacity, technical design, performance
characteristics, headend and access facilities.
(8)
Where applicable, a description of the construction
of the proposed cable system, including an estimate of plant mileage
and its location, the proposed construction schedule, a description,
where appropriate, of how services will be converted from existing
facilities to new facilities and information on the availability of
space in conduits, including, where appropriate, an estimate of the
cost of any necessary rearrangement of existing facilities.
(9)
The proposed rate structure, including projected charges
for each service tier, installation, converters and other equipment
or services, as applicable.
(10)
If cable service is proposed, demonstration of how
the applicant's offer to provide cable service will reasonably meet
the future cable-related needs and interests of the community, including
descriptions of how the proposal will meet the needs described in
any recent community needs assessment conducted by or for the Township,
and how the proposal will provide adequate public, educational and
governmental access channel capacity, facilities or financial support
to meet the community's needs and interests.
(11)
If an applicant proposes to provide cable service
to an area already served by an existing cable service franchisee,
the identification of the area where the overbuild would occur, the
potential subscriber density in the area the would encompass the overbuild
and the ability of the streets to accommodate an additional cable
system.
(12)
Any other information as may be reasonably necessary
to demonstrate compliance with the Cable Act and the requirements
of this chapter.
(13)
Information that the Township may request of the applicant
that is relevant to the Township's consideration of the application.
(14)
An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the
application, acknowledging the enforceability of application commitments
and certifying that the proposal meets all federal and state law requirements.
D.
In evaluating an application for an initial franchise
seeking authority to provide cable service, the Township shall consider,
among other things, the following factors:
(1)
Whether the applicant has the financial, technical
and legal qualifications to provide cable service.
(2)
Whether the applicants proposal is reasonable to meet
the future cable-related needs and interests of the community, taking
into account the cost of meeting such needs and interests.
(3)
Whether, to the extent not considered as part of Subsection D(4) of this article, the applicant will provide adequate public, educational and governmental access channel capacity, facilities or financial support.
(4)
Whether the applicant or an affiliate of the applicant
owns or controls any other cable system in the Township, or whether
grant of the application may eliminate or reduce competition in the
delivery of cable service or telecommunications service in the Township.
E.
If the Township finds that it is in the public interest
to issue a franchise, considering the factors set forth above, it
shall issue a franchise, subject to the applicant's entry into a franchise
agreement. If the Township denies a franchise, it shall issue a written
decision explaining why the franchise was denied. Prior to deciding
whether to issue or not to issue a franchise, the Township may hold
one or more public hearings or implement other procedures under which
comments from the public on an applicant's proposal may be received.
The Township also may grant or deny a request for a franchise based
on its review of an application without further proceedings and may
reject any application which is incomplete or fails to respond to
an RFP. This chapter is not intended and shall not be interpreted
to grant any applicant or existing franchisee standing to challenge
the issuance of a franchise to another.
F.
If the Township grants a franchise subject to the
applicant's entry into a franchise agreement, the Township and the
franchisee shall agree on the terms of a franchise agreement within
60 calendar days from the date of the Township resolution granting
the franchise. This period may be extended for good cause by the Township.
If agreement is not reached with the Township within 60 calendar days
from the date of the Township resolution granting the franchise or
if the period is not extended by the Township, the franchise will
be null and void without further action by the Township. The Township
shall approve or disapprove the proposed agreement by resolution or
may direct that it be subject to further negotiation.
A.
Renewals of a franchise authorizing the construction,
operation and maintenance of a cable system and provision of cable
service in the Township shall be conducted in accordance with Section
626 of the Cable Act, 47 U.S.C. § 546.
B.
If renewal of a franchise is denied and the Township
does not purchase the cable system or approve or effect a transfer
of the cable system to another person, the Township may require the
former franchisee to remove its facilities and equipment at the former
franchisee's expense. If the former franchisee fails to do so within
a reasonable period of time, the Township may have the removal done
at the former franchisee's and/or surety's expense.
A franchisee may, at any time while the franchise
and franchise agreement are in effect, submit an application for a
modification of a franchise agreement, and the application shall include
the following information:
A.
The specific modification requested, including proposed
language for the revised franchise agreement.
B.
A statement whether the modification is sought pursuant
to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if
so, a demonstration that the requested modification meets the standards
set forth in 47 U.S.C. § 545.
C.
Any other information that the franchisee believes
is necessary for the Township to make an informed determination on
the application for modification.
D.
An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the
application and certifying that the application is consistent with
all federal and state law requirements.
A.
The Township grants to the franchisee under the Cable
Act and this chapter a nonexclusive franchise authorizing the franchisee
to construct and operate a cable system in, along, among, upon, across,
above, over, under, or in any manner connected with public rights-of-way
within the franchise area, and for the purpose of erecting, installing,
constructing, repairing, replacing, reconstructing, maintaining, or
retaining, on, over, under, upon, across, or along any public rights-of-way
and all extensions thereof and additions thereto, such poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, pedestals,
amplifiers, appliances, attachments, and other related property or
equipment as may be necessary or appurtenant to the cable system.
Nothing in this chapter shall be construed to prohibit the franchisee
from offering any service over its cable system that is not prohibited
by federal or state law.
B.
No person may construct or operate a cable system
over, on, or under public streets in the Township without a franchise
granted by the Township unless otherwise authorized by law, and no
person may be granted a franchise without having entered into a franchise
agreement with the Township pursuant to this chapter.
A.
For the purpose of constructing, operating and maintaining
a cable system in the Township, a franchisee may erect, install, construct,
repair, replace, relocate, reconstruct and retain in, on, over, under,
upon, across and along the streets within the Township such lines,
cable, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, pedestals, attachments and other property and equipment
as are necessary and appurtenant to the operation of the cable system.
B.
The franchisee shall construct and maintain the cable
system so as not to interfere with other uses of the streets. The
franchisee shall endeavor to make use of existing poles and other
facilities available to the franchisee where feasible.
By entering into a franchise agreement with
the Township under this chapter, the franchisee automatically acknowledges
the Board's right to grant additional franchises upon such terms and
conditions as the Board deems appropriate.
A franchise shall commence upon written acceptance
by the franchisee, as required by this chapter and shall remain in
full force and effect for the period determined by the Board and franchisee
in a franchise agreement, unless and until renewed, revoked or terminated
prior to the end of its term, as herein provided.
A franchise granted under this chapter shall
include such portions within the territorial borders of the Township
as the Board shall approve. In the event of annexation by the Township,
the franchisee shall use every reasonable effort in its best business
judgment to provide service to the new territory.
The franchisee's rights are subject to the police
powers of the Township to adopt and enforce ordinances necessary to
the health, safety and welfare of the public. The franchisee shall
comply with all applicable general laws and ordinances enacted by
the Township pursuant to that power.
The Township has the right to install and maintain,
free of charge, upon the poles and within the underground pipes and
conduits of the franchisee, any wires and fixtures required by the
Township to the extent that: i) such installation and maintenance
does not interfere with the existing and future operations of the
franchisee; ii) the structures of the franchisee can accommodate the
additional proposed facilities; and iii) provided that such wires
and fixtures required by the Township are not used to deliver cable
service to subscribers within the Township. This provision shall not
be understood or interpreted to require the franchisee to construct
and/or place additional aerial or underground structures, ducts, conduits,
or poles to accommodate the Township's facilities.
A.
All notices, reports or demands required to be given
by either the Township or a franchisee under this chapter in connection
with any franchise granted by the Board pursuant hereto shall be deemed
to be given when delivered, in writing, either personally to the person
designated by the franchisee, or when five days have elapsed after
it is deposited in the United States mail in a sealed envelope, with
registered or certified mail postage prepaid thereon, or on the next
business day if sent by express mail or overnight air courier addressed
to the parties to whom the notice is being given, as follows:
B.
Such addresses may be changed by the Township or the
franchisee upon notice to the other party given as provided in this
section.
