[Amended 3-5-1996 by Ord. No. 661,
approved 3-5-1996; 6-15-1999 by Ord.
No. 708, approved 6-15-1999]
A. The grant of authority is hereby assigned and transferred
to Comcast Cablevision of Southeast Pennsylvania, Inc. The authority granted
herein shall be extended from April 1, 2002, for a period of six months or
September 1, 2002.
[Amended 4-16-2002 by Ord. No. 755,
approved 4-16-2002]
B. The right to use and occupy the streets, alleys and sidewalks
for the purposes herein set forth shall not be exclusive, and the borough
reserves the right to grant a similar use of the streets, alleys and sidewalks
to any person or corporation at any time during the period of the franchise.
The licensee shall at all times during the term of this franchise be
subject to and comply with all lawful exercise of the police powers of the
borough and with such reasonable regulations as the borough hereafter may,
by resolution or ordinance, provide. The licensee shall, at all times during
the term of this franchise, also be subject to and comply with all applicable
federal and state laws, rules and regulations.
The licensee shall have the authority to promulgate such rules and regulations,
terms and conditions covering the conduct of its business as shall be reasonably
necessary to enable the licensee to exercise its rights and perform its obligations
under this franchise. Such rules and regulations shall not be in conflict
with the provisions of this ordinance. A copy of the licensee's rules
shall be kept available for public inspection at the licensee's office
and shall also be filed with the borough.
[Amended 3-5-1996 by Ord. No. 661,
approved 3-5-1996]
A. The distribution facilities of the licensee shall at
all times be maintained in a good and safe order and condition and shall be
constructed and maintained according to the rules and regulations of the Federal
Communications Commission. The licensee shall provide its customers with cable
television signals which meet the technical standards established by the rules
of the Federal Communications Commission, Part 76, Subpart K, and any other
applicable federal and state laws, rules and regulations.
B. System upgrade. The licensee agrees that within 36 months
after the effective date of this amendment, the licensee shall have begun
a technical upgrade to the system which shall provide a minimum channel capacity
of 75 standard video channels. The licensee shall, upon the completion of
the system upgrade, initially program this system with sufficient bandwidth
that, when used in conjunction with an appropriate terminal device at the
subscriber's receiver, shall enable the reception of a minimum of 53
downstream video channels. The licensee shall complete the upgrade within
24 months after its commencement.
The licensee shall pay the necessary cost of publication of this ordinance.
The licensee may not transfer this franchise without the specific written
consent of the borough. The provisions of this section shall not apply if
the transfer involves the sale or transfer of stock to a wholly owned subsidiary
or to an entity under the same ultimate ownership or control as the licensee.
If, for any reason of force majeure, either party is unable, in whole
or in part, to carry out its obligations, said party shall not be deemed in
violation or default during the continuance of such inability. The term "force
majeure," as used herein, shall have the following meaning: strikes; acts
of God; acts of public enemies; orders of any kind of the government of the
United States of America or of the Commonwealth of Pennsylvania or any of
their departments, agencies or political subdivisions; riots; epidemics: landslides;
lightning; earthquakes; fires; hurricanes; volcanic activity; storms; floods;
washouts; droughts; arrests; civil disturbances; explosions; partial or entire
failure of utilities; or any other cause or event not reasonably the control
of the disabled party.
If any provision of this ordinance or the application thereof to any
person, firm or corporation or circumstance arising hereunder is held invalid,
such invalidity shall not affect other provisions or applications of the ordinance
which can be in effect without the invalid provision or its application, and,
to this end, the provisions of this ordinance are declared severable.
This franchise shall not be effective until the licensee furnishes the
borough with a written acceptance of the franchise grant in contract form.
The written release by Edgar J. Rosenberry, Shippen Radio and TV and
Shippen Cable TV Company, Inc., of the borough, with respect to all rights,
interests and privileges under the motion passed July 10, 1962, by the Borough
Council, is hereby accepted, and the motion is repealed, subject to the conditions
in said release.