For purposes of this ordinance, the following
capitalized terms, phrases, words and abbreviations shall have the
meanings ascribed to them in the Cable Communications Policy Act of
1984, as amended, 47 U.S.C. §§ 521 through 573 (the
"Cable Act") or Federal Communications Commission ("FCC") regulations,
unless otherwise defined herein. References to FCC rules and regulations
in this agreement are made to current rules and regulations, as hereafter
modified, amended or adopted. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory.
AFFILIATE
When used in relation to Comcast, another person who or which
owns or controls, is owned or controlled by or is under common ownership
or control with Comcast. For the purposes hereof, the words "owns,"
"owned" and "common ownership" shall mean a direct or indirect stock,
partnership, membership or other equity interest of 25% or more.
BOROUGH
The Borough of Columbia; Lancaster County, Pennsylvania,
or the lawful successor, transferee or assignee thereof.
CABLE ACT
The Communications Act of 1934 (47 U.S.C. §§ 521
through 561), as amended by the Cable Communications Policy Act of
1984, the Cable Television Consumer Protection and Competition Act
of 1992 and the Telecommunications Act of 1996, as now enacted or
as hereafter further amended.
CABLE OPERATOR
Any person or group of persons:
A.
Who provides cable service over a cable system
and directly or through one or more affiliates owns a significant
interest in such cable system; or
B.
Who otherwise controls or is responsible for,
through any arrangement, the management and operation of such a cable
system.
CABLE SERVICE
A.
The one-way transmission to subscribers of video
programming or other programming service; and
B.
Subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming
service.
CABLE 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:
A.
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
B.
A facility that serves subscribers without using
any public right or right-of-way;
C.
A facility of a common carrier which is subject,
in whole or in part, to 47 U.S.C. §§ 201 through 276,
except that such facility shall be considered a cable system [other
than for purposes of 47 U.S.C. § 541(c)] to the extent such
facility is used in the transmission of video programming directly
to subscribers, unless the extent of such use is solely to provide
interactive on-demand services;
D.
An open video system that complies with 47 U.S.C.
§ 573; or
E.
Any facilities of any electric utility used
solely for operating its electric utility system.
COMCAST
Comcast of Southeast Pennsylvania, Inc.
EFFECTIVE DATE
The date this agreement becomes binding upon all parties
hereto pursuant to the terms hereof.
FCC
The Federal Communications Commission or the successor governmental
entity thereto.
FRANCHISE
The authorization, or renewal hereof, issued by the Franchising
Authority as provided by this ordinance, whether such authorization
is designated as a franchise, permit, license, resolution, contract,
certificate, agreement or otherwise, which authorizes the operation,
construction or operation of a cable system.
GRANTEE
Comcast of Southeast Pennsylvania, Inc.
GROSS REVENUE and GROSS REVENUES
All revenue received by Comcast from the operation of the
cable system to deliver cable services in the Borough by Comcast,
including, but not limited to, subscription fees, subscriber equipment
sales or rentals, premium services, fees from each cable programming
tier, digital service fees, change-in-service fees, additional set
and outlet fees, converter fees, remote fees, late fees, NSF check
charges, installation and service fees and charges, disconnection
fees, pay-per-view fees, fees for any and all music services, video-on-demand,
commissions or revenues from home shopping channels, any and all local
advertising revenues (excluding agency commissions, including national,
regional and local advertising received by the area system), and revenue
received from leased access. These items shall be paid to the Borough
whether they are incurred directly by Comcast or by an affiliate of
Comcast that offers cable service over the cable system.
PERSON
An individual, partnership, association, firm, joint-stock
company trust, corporation or governmental entity.
PUBLIC WAY and PUBLIC RIGHTS-OF-WAY
The surface of, and the space below, any public street, highway,
turnpike, bridge, land path, alley, court, boulevard, sidewalk, parkway,
way, lane, public way, drive, circle or other public right-of-way,
including public utility easements, dedicated utility strips or rights-of-way
dedicated for compatible uses, and any temporary or permanent fixtures
or improvements located thereon now or hereafter held by the Borough
in the service area which shall entitle the Borough and Comcast to
the use thereof for the purpose of installing, operating, repairing
and maintaining the cable system. Public way and public rights-of-way
shall also mean any easement now or hereafter held by the Borough
within the service area for the purpose of public travel or for utility
or public service use dedicated for compatible uses, and shall include
other easements or rights-of-way as shall within their proper use
and meaning entitle the Borough and Comcast to use thereof for the
purpose of installing, operating, maintaining or repairing such cable
system over poles, wires, cables, conductors, ducts, conduits, pedestals,
vaults, manholes, amplifiers, appliances, attachments and other property
as may be ordinarily necessary and pertinent to the cable system.
SCHOOL DISTRICT
The Columbia Borough School District in Lancaster County,
Pennsylvania.
SERVICE AREA
The present municipal boundaries of the Borough, and shall
include any additions thereto by annexation or other legal means.
SERVICE TIER
A category of cable service or other similar services provided
by Comcast and for which a separate rate is charged by Comcast.
STREET OR HIGHWAY
All public rights-of-way and public grounds or waters within
or belonging to the Borough, including but not limited to streets,
avenues, highways, boulevards, concourses, driveways, bridges, tunnels,
parks, parkways, waterways, docks, bulkheads, wharves, piers and alleys.
SUBSCRIBER
A member of the general public who lawfully receives video
programming distributed by a cable television system and does not
further distribute it.
SYSTEM
The cable system which has been and is to be constructed,
operated, repaired and maintained by Comcast in the Borough.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
Subject to all of the terms, covenants and provisions
of this ordinance and in consideration of the faithful performance
and observance of the conditions and reservations herein specified,
the Borough hereby grants to Comcast a nonexclusive franchise right,
privilege, authority and easement to erect, construct, operate and
maintain in, upon, along, across, above, over and under streets, alleys,
public ways and public places now laid out or dedicated and all such
extensions thereof and additions thereto in the Borough, and public
utility rights-of-way and easements to which the Borough is empowered
to grant such rights thereto; all poles, wires, cables, underground
conduits, manholes and other television conductors and fixtures necessary
for the maintenance and operation of a cable system, for the interception,
sale, transmission and distribution of television programs and other
audio visual electrical signals and the right to transmit the same
to the persons of the Borough, on the terms and conditions hereinafter
set forth. The Borough expressly reserves the right to grant similar
use of said streets, alleys, public ways, rights-of-way, easements
and public places to any person at any time during the term of this
agreement.
Comcast shall make available video programming
to subscribers in broad categories.
Unless expressly otherwise agreed between the
parties, every notice or response to be served upon the Borough or
Comcast shall be in writing and shall be deemed to have been duly
given to the required party five business days after having been posted
in a properly sealed and correctly addressed envelope by certified
first class or registered mail, postage prepaid, at a post office
or branch thereof regularly maintained by the United States Postal
Service. The notices or responses to the Borough shall be addressed
as follows: Columbia Borough, Attention: Borough Manager, 308 Locust
Street, Columbia, PA 17512, and to Comcast, Attention: General Manager,
1131 South Duke Street, Lancaster, PA 17602; with a copy to Comcast,
Attention: Government Relations Department, 1500 Market Street, Philadelphia,
PA 19102.