A.
The Township acknowledges that the technology of cable systems is an evolving field. A franchisee's cable system in the Township shall be capable of offering cable services that are comparable to other cable systems owned and managed by the franchisee or an affiliated entity of franchisee in Chester County ("Comparable Systems"), pursuant to the terms of this subsection. The Township may send a written notice to a franchisee, not to exceed one request every three years, requesting information on cable services offered by such comparable systems in the county. Within 60 days of receiving such request, the franchisee shall provide the Township with information on any cable services that are offered in any of the comparable systems but not being offered in the Township; the percentage of total subscribers in such comparable systems to whom such cable services are available; and when the franchisee anticipates making such cable services available in the Township.
(1)
If the identified cable services are being offered by franchisee and/or its affiliated entities to a least 40% of the total subscribers in the comparable systems, the Township may require the franchisee to make such cable services available in the Township. Should the Township determine that the franchisee must commence provision of such cable services, then the Township and the franchisee shall enter into good faith discussions to negotiate a schedule for deployment of such cable services. The discussions shall take into consideration the benefits from the provision of such system improvements, the cost of implementing them in the Township, the economic and technical feasibility of implementing such improvements, the length of time necessary for the franchisee to recover such costs, and the impact, if any, on subscriber rates.
(2)
The Township shall not initiate the procedures set forth under the preceding provisions or issue any order at a time the franchise is subject to effective competition as defined by federal law and as demonstrated to the Township by the franchisee.
B.
The franchisee shall provide the Township with a full description of the cable system proposed for construction pursuant to the grant by the Board of a franchise and shall, upon completion of the cable system, or any upgrade thereof, submit to the Township upon request as-built maps/plans of the entire cable system, and/or upgrade, to the extent such maps/plans have not been previously provided to the Township.