[HISTORY: Adopted by the Board of Supervisors of the Township of
Antrim 5-26-1987 as Ch. 13, Part 3 of the 1987 Code of
Ordinances. Amendments noted where applicable.]
[Amended 3-26-1996 by Ord. No. 243]
To the extent they are legally authorized to do so, the Supervisors
of Antrim Township, Franklin County, Pennsylvania, hereinafter called the
"licensor," granted to Cumberland Valley Cable Company, a Pennsylvania corporation,
hereinafter called the "licensee," nonexclusive permission to supply community
antenna television service and FM antenna radio service for sale to the inhabitants
of Antrim Township and permission to erect, maintain and operate the licensee's
distribution facilities in, under, over, along, across and upon the streets,
alleys, roads, bridges and sidewalks within the limits of Antrim Township
as now existing or hereinafter extended, for a period of 30 years and thereafter
until terminated by the licensor or the licensee upon one year's written notice,
subject to the terms and conditions set forth in this ordinance.
The licensee shall, to the extent it is reasonably possible, attach
its distribution facilities to utility poles and the licensee shall erect
no poles upon the public streets, alleys, roads or sidewalks within Antrim
Township without the express written consent of the Township.
The distribution facilities of the licensee shall be at all times maintained
in good and safe order and condition and shall be constructed and maintained
so as not to interfere with other authorized cable services or television
reception by inhabitants of Antrim Township not using the licensee's service,
and so as not unnecessarily burden or obstruct the free use of the streets,
alleys, roads, bridges or sidewalks.
The permission granted hereby shall be subject to all the ordinances,
regulations and rules now in force or which may be adopted relative to the
use of the streets, roads and alleys, bridges and sidewalks of Antrim Township.
Breach of any of the conditions and terms of this ordinance shall be
grounds for the recision of the permission hereby granted.
A. The licensee shall in good faith proceed with the construction
of the system authorized by this ordinance within 60 days following approval
thereof.
B. The licensee shall have such service completed or in
operation within two years from the date of the approval of this ordinance.
Failure to commence operation within that time shall render null and void
the rights hereby given. Any delay occasioned by obtaining approval from utilities
companies or other unforeseen events which are not within the control of the
licensee shall be treated as an excusable delay.
The rights hereby given shall be effective only to the extent the licensee
has the legal authority and right to do so, and it shall be the responsibility
of the licensee to obtain any necessary consents from any other public body
or authority or from the owners of properties which may be required to exercise
any of the rights granted hereby.
The charges by the licensee for community antenna television service
and FM antenna radio service for sale to the inhabitants of the Township of
Antrim, Franklin County, Pennsylvania, shall be as follows:
A. Sixteen dollars and thirty-five cents, connection charge.
B. Six dollars and forty-five cents per month service charge
for the first set in each customer location and $1 per month service charge
for each additional set in the same customer location.
C. No charge for connections or service to schools or fire
department or fire company.
The licensee shall make no substantial changes in the rules and regulations
nor raise the rates above those in the attached schedule except with the express
written consent of the licensor.
The licensee shall pay the licensor 2% of the gross operating revenue
from community antenna television service and FM antenna radio service beginning
with the first year of operation, payable at the end of each operating year,
and shall, upon request of the Board of Supervisors of the licensor, submit
an audited statement of its operations to support the basis for the aforesaid
payment.
The following activities by the licensee are prohibited in Antrim Township
during the term of this ordinance unless authorized by the Board of Supervisors:
A. Pay television: sale of programs on a program-by-program
basis.
B. Television sales and service: engaging in the sale, service,
rental or leasing of television receivers.
C. Music to businesses: background music service per se
to commercial establishments, except that which is a normal part of the community
antenna service authorized by this ordinance.
Service shall be made available to all inhabitants of the Township of
Antrim who may desire such service, except in any areas which may not be economically
served.
The licensee agrees to maintain and keep in full force and effect at
all times during the term of this ordinance sufficient liability insurance
coverage to protect the Township of Antrim against any such claims, suits,
judgments, executions or demands in a sum not less than $100,000 as to any
one accident or occurrence, and not less than $50,000 for property damage
as to any one accident or occurrence.
The licensee shall commence construction of the facilities for furnishing
said service within one month from the date of enactment of this ordinance
and shall endeavor to furnish antenna television service to the inhabitants
of the Township of Antrim in areas that have at least 10 houses per mile as
fast as economically feasible.
Any person who shall violate this ordinance or any of the provisions
hereof shall be liable, upon summary conviction for a first offense and upon
summary conviction for each subsequent offense, to a fine of not less than
$15 nor more than $300, or imprisonment for a term not to exceed 90 days,
together with the costs of prosecution for each offense. Each day that a violation
continues shall be deemed and shall be taken to be a separate offense and
shall be punishable as such.