This ordinance shall be known and may be cited as the "Cable
Television franchise Ordinance."
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
shall include the future, words in the plural number shall include
the singular, and words in the singular number shall include the plural.
"May" will be interpreted as permissive, and "shall" will be interpreted
as mandatory.
ADDITIONAL SERVICE
Tier, pay channels or pay-per view events offered by the
company to subscribers for extra charges above the charge for basic
services.
ANNUAL GROSS REVENUES
Such yearly revenues received by company derived from the
operation of the cable system in the Borough, and annual gross revenues
shall include subscriber revenues from providing basic and additional
service, advertising revenues, home shopping revenues and any other
revenues derived from cable services (including revenues from installations,
late fees and equipment rent) received by the company from the operation
of the cable system.
BASIC SERVICE
The programming service provided by the company which includes
any over-the-air television signals which the company may carry and
is providing to all subscribers for payment of the applicable monthly
charge.
BOROUGH
Dallastown Borough, a Borough located in York County, Pennsylvania.
CABLE ACT
The Cable Communications Policy Act of 1984 as amended by
the Cable Television Consumer Protection and Competition Act of 1992,
and as further amended by the Telecommunications Competition and Deregulation
Act of 1996.
CABLE TELEVISION 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 other services, including Internet access, and voice and data
transmissions and which is provided to multiple subscribers within
a community, excluding however, those facilities excluded from such
definition of cable system in the Cable Act.
COMPANY
York Cable Television, Inc., a corporation, and grantee of
rights under this franchise, or its assignee or successor.
COUNCIL
The Borough Council of the Borough of Dallastown.
FRANCHISE
The nonexclusive right, privilege and authority granted by
this ordinance to construct, maintain and operate a cable television
system in Borough, and shall permit, in addition to the privilege
to operate within Borough, the company to construct, maintain and
operate a cable television system with whatever wires or components
are necessary over, under or within all the Borough rights-of-way
and the streets situate therein located in the Borough.
FRANCHISE FEE
The monies required to be paid to the Borough by the company
for the right to operate in the Borough, which are allowable by any
federal statute or regulation or state statute or regulation.
STATE
The Commonwealth of Pennsylvania.
STREET and RIGHT-OF-WAY
The surface of as well as the space above and below all streets,
roadways, highways, freeways, avenues, lanes, alleys, courts, places,
squares, curbs, sidewalks, easements, rights-of-way or other public
ways in the Borough which have been or may hereafter be dedicated
and opened to public use or such other public property so designated
by law which shall, within their proper use and meaning, entitle Borough
and company to access thereon for the purpose of installing or transmitting
cable transmissions over poles, wires, cables, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, broadcasters,
receivers, attachments and any other property as may be necessary
and pertinent to operation of the business within the Borough.
SUBSCRIBER
Any person, firm, company, corporation or association paying
for basic service from the company.
The company shall have the right to prescribe service rules
and regulations for the conduct of its business not inconsistent with
the provisions of this ordinance or any ordinances of the Borough.
Company shall have the unrestricted right and availability to
utilize the cable television system for telecommunications purposes
other than cable television service, including hut not limited to
telephones, Internet access, point-to-point data and voice and message
transmission so long as said uses do not unduly interfere with the
cable television service being provided to subscribers.
Upon written request by the Borough, the company shall provide
a standard cable television service hookup of basic service via drop
line from trunk or feeder line cable to each municipal building, firehouse
and public school located within the Borough at no charge where company's
trunk lines currently pass or in the future pass said municipal building,
firehouse and public schools.
The cable television system within the Borough shall at all
times be constructed and operated in conformance with the technical
standards, rules and regulations governing cable television service
promulgated by the Federal Communications Commission.
The company shall not be liable or responsible for any delay
or failure of performance of its franchise if prevented from doing
so by the resulting acts of God, flood, storms, fires, explosions,
strikes, lockouts, riots, wars, whether or not declared, insurrections,
epidemics or any law, rule or acts of any court or instrumentality,
whether federal, state or municipal government, or any causes beyond
its control, provided that the same is not willfully done or brought
about for the purpose of excusing failure or omissions to perform
under the franchise and providing that, using reasonable care, the
same could not have been avoided by the company. In the event company
is rendered unable to perform in whole or in part, the company shall
begin to perform its franchise as soon as is practical after such
conditions cease to exist.
On and as of October 8, 2003, all agreements or parts of agreements
conflicting with the provisions of this ordinance shall be and the
same are hereby repealed.
If any section, sentence, clause or phrase of this ordinance
is held unconstitutional or otherwise invalid or preempted by state
or federal statutes or regulations, said section, sentence, clause
or phrase shall be null and void. The remaining portion of the ordinance
shall remain valid and binding upon the Borough and the company.
This ordinance shall constitute a contract between the Borough
and the company upon execution of this ordinance and the company's
written acceptance of the terms of the ordinance.
Company and Borough, intending to be legally bound hereby, do,
by the signature of their duly authorized officers, hereby accept
and agree to abide by the terms of this ordinance as a contracted
obligation.