[HISTORY: Adopted by the Board of Supervisors of the Township of
Thornbury: Art. I, 6-23-1987 by Ord. No. 62387A
(Ch. 13, Part 2, of the 1983 Code); Art. II, 6-7-1994 by Ord.
No. 1994-3. Amendments noted where applicable.]
[Adopted 6-23-1987 by Ord. No. 62387A(Ch.
13, Part 2, of the 1983 Code)]
This article shall be known as the "Cable Television Ordinance of Thornbury
Township."
Unless the particular provisions contained in this section shall govern
the construction, meaning and application of words and phrases used in this
article, the definition of each word or phrase shall constitute, to the extent
applicable, the definition of each word or phrase which is derivative from
it or from which it is a derivative, as the case may be.
Trunk lines, amplifiers and related equipment are installed and capable
of providing basic service to every residence in the area designated in the
Map of Service pursuant to the plan of service authorized by the franchise.
The simultaneous delivery by the grantee of a franchise to the television,
radio or other appropriate communication receiver of a subscriber of all signals
of over-the-air broadcasters required by the Federal Communications Commission
or by this article to be carried by the CATV system of the grantee, together
with such additional public, educational, governmental, leased or other access
channels or signals as may be likewise required by law, but not including
pay or subscription television as defined by the Federal Communications Commission.
A system employing antennae, microwave, wires, waveguides, coaxial
cables or other conductors, equipment or facilities, designed, constructed
or used for the purpose of:
Collection and amplifying of local or distant broadcast, television
or radio signals and distributing and transmitting the same;
Transmitting original cablecast programming not received through television
broadcast signals; or
Transmitting television pictures, film and videotape programs, not received
through broadcast television signals, whether or not encoded or processed
to permit reception by only selected receivers; provided, however, that any
of the services permitted hereunder to be performed, as described above, shall
be those performed by the grantee for subscribers, as herein defined, in the
operation of a cable television or CATV system franchised by the township
and not otherwise; and provided further that such term shall not include any
such facility or system that serves only the residents of one or more apartment
dwellings or commercial establishments under common ownership, control or
management.
Includes any authorization granted hereunder in terms of a franchise's
privilege, permit, license or otherwise to construct, operate and maintain
a cable television system within all or a specified area in the township.
The territory within the township throughout which the grantee shall
be authorized hereunder to construct, maintain and operate its system, and
shall include any enlargements thereof and additions thereto.
Any person, firm or corporation receiving the grant of any franchise
hereunder, and shall include any lawful successor to the interest of such
person, firm or corporation.
Any sign, signal, picture, image or sound of any kind or any combination
thereof.
Any person or entity receiving for any purpose any service of the
grantee's cable television system, including but not limited to the conventional
cable television system of retransmission of television broadcast, radio signals,
grantee's original cable casting and the local government, education
and public access channels; and other services, such as leasing of channels,
data and facsimile transmission, pay television and similar public service
communication.
The Supervisors of Thornbury Township, Chester County or the person
designated to act on their behalf.
A.
A nonexclusive franchise to install, construct, operate
and maintain a cable television system on streets within all or a specific
portion of the township may be granted by the Supervisors of Thornbury Township
to any person, whether operating under an existing franchise or not, who offers
to furnish and provide such system under and pursuant to the terms and provisions
of this article. No provisions of this article may be deemed or construed
to require the granting of a franchise when in the opinion of the Supervisors
it is in the public interest to restrict the number of grantees to one or
more. Competitive franchises covering the same territory shall be restricted
to those instances where the applicant for the second franchise can offer
a unique or legally protected service which is not available and cannot be
made available to the grantee of the existing franchise.
B.
When and in the event that the grantee of any franchise
granted hereunder uses in his cable television system distribution channels
furnished to the grantee by a telephone company pursuant to tariff or contract
on file with a regulatory body having jurisdiction and said grantee makes
no use of the streets independent of such telephone company's furnished
facilities, such grantee shall be required to comply with all of the provisions
hereof as a "licensee" and in such event whenever the term grantee is used
herein it shall be deemed to mean and include "licensee."
A.
Any franchise granted pursuant to the provisions of this
article shall authorize and permit the grantee to do the following:
(1)
To erect, install, construct, repair, replace, reconstruct,
maintain and retain in, on, over, under, across and along any public street
such poles, wire, cable, conductors, ducts, conduit, vaults, manholes, amplifiers,
appliances, attachments and other property as may be necessary and appurtenant
to the CATV system; and in addition, so to use, operate and provide similar
facilities or properties rented or leased from other persons, firms or corporations,
including but not limited to any public utility or other grantee of any franchise
of this township.
(2)
To maintain and operate facilities and properties for
the collection, transmission, conduction, amplification, conversion and distribution
of programs and other services by use of electricity, radiation or other energy
sources.
(3)
To solicit, sell, distribute and make a charge to subscribers
within the township for connection to the CATV system of the grantee.
B.
A franchise granted solely to transverse any portion
of the township in order to provide service outside the township shall not
authorize nor permit the grantee to solicit, sell, distribute or make any
charge to subscribers within the township, nor to render any service or connect
any subscribers within the township to the CATV system of the grantee.
All applications to construct, operate or maintain any CATV system in
this township or to traverse any portion of the township for the transmitting
or conveying of such service elsewhere shall be filed with the Secretary of
the Township of Thornbury, and each such application shall set forth and be
accompanied by the following:
A.
The name, address and telephone number of the applicants.
B.
A detailed statement of the corporate or other business
entity organization of the applicant, including but not limited to the following:
(1)
The names, residence addresses and business addresses
of all officers, directors and partners or business associates of the applicant.
(2)
The names, residence addresses and business addresses
of all persons and entities having controlling or being entitled to have or
control 5% or more of the ownership of the applicant and the respective ownership
share of each such person or entity.
(3)
The names and addresses of any parent or subsidiary of
the applicant and of any other business entity owning or controlling in whole
or in part or owned or controlled in whole or in part by the applicant and
a statement describing the nature of any such parent or subsidiary business
entity, including but not limited to all CATV or similar systems owned or
controlled by the applicant, its parent or subsidiary and the areas served
thereby.
(4)
A detailed description of all previous experience of
the applicant in providing CATV service or related or similar services.
(5)
A detailed and completed financial statement of the applicant,
prepared by a certified public accountant, for the fiscal year next preceding
the date of the application hereunder or a letter or other acceptable evidence,
in writing, from a responsible lending institution or funding source, addressed
to both the applicant and the Supervisors of Thornbury Township, setting forth
the basis for a study performed by such lending institution or funding source
and a clear statement of its intent to provide whatever capital shall be required
by the applicant to construct and operate the proposed system in the township
or a statement from a certified public accountant, certifying that the applicant
has available sufficient free, net and uncommitted cash resources to construct
and operate the proposed system in the township.
(6)
A statement identifying, by place and date, any other
cable television franchise awarded to the applicant, its parent or subsidiary;
the status of said franchises with respect to completion thereof; the total
cost of completion of such system; and the amount of applicant's and
its parent's or subsidiary's resources committed to the completion
thereof.
C.
A detailed description of the proposed plan of operation
of the applicant, which shall include but not be limited to the following:
(1)
A detailed map indicating all areas proposed to be served
and a proposed time schedule for the installation of all equipment necessary
to become operational throughout the entire area to be served.
(2)
A statement or schedule setting forth all proposed classifications
of rates and charges to be made against subscribers and all rates and charges
as to each of any said classifications, including installation charges, service
charges and special, extraordinary or other charges. The purchase price, rental
price, terms and nature of any optional or required equipment, device or other
thing to be offered for sale or leased to any subscriber shall be described
and explained in detail, including the circumstances of the necessity for
each such device or thing.
(3)
A detailed statement describing the actual equipment
and operational standards proposed by the applicant.
D.
A detailed description of all channels to be provided
and a description of each, including a detailed description of public access
and exclusive governmental channels to be made available.
E.
A detailed description of any proposed studio and its
location in or near the township to be used in conjunction with public access
and governmental use.
F.
A statement of technical performance, signal quality
and technical performance testing standards, including any availability of
a parental control system and emergency situation override.
G.
A proposed system of handling all consumer and advertising
complaints.
H.
A copy of any agreement covering the franchise area existing
between the applicant and any public utility providing for the use of facilities
of the public utility, including but not limited to poles, lines or conduits.
I.
An application fee in an amount as set from time to time
by resolution of the Board of Supervisors which shall be in the form of cash,
certified check or cashier's check or money order to pay the cost of
studying, investigating and otherwise processing such application which shall
not be returnable or refundable except to the extent that such fee exceeds
the actual cost incurred by the township in studying, investigating and otherwise
processing and application.[1]
A.
The Supervisors may, by advertisement or any other means,
solicit and call for application for CATV franchises and may determine and
fix the time for filing such applications.
B.
Upon receiving the same, the Supervisors shall cause
such application to be investigated and shall cause to be prepared a copy
of a report and investigation, which shall be presented to the Township Supervisors
and shall be mailed to the applicant at the address listed in the application.
A public meeting shall thereafter be conducted, at which time the Supervisors
shall review the proposed grant of the franchise.
C.
Following such meeting and hearing of the public, the
Board of Supervisors shall make its determination either that such application
be accepted upon such terms and conditions as the Supervisors shall determine
or that such application be rejected. In making such determination, the Supervisors
shall consider the quality of the service proposed, the rates to the subscribers,
the income to the township, the experience, character and financial responsibility
of the applicant, its management and owners, the technical and performance
quality of the equipment proposed to be used, the willingness and ability
of the applicant to meet construction and physical requirements, franchise
limitations and requirements imposed by this article and any other considerations
deemed pertinent by the Supervisors.
D.
If the Supervisors shall determine that the application
shall be rejected, such determination shall be final and conclusive. If the
Board of Supervisors shall determine that an application is accepted, the
following shall be done:
(1)
The Supervisors shall decide and specify the terms and
conditions of any franchise, including the franchise area to be granted hereunder.
(2)
The Supervisors shall pass their resolution of intention
to grant such franchise, stating the name of the proposed grantee, the character
of the franchise, the terms and conditions upon which such franchise is proposed
to be granted and a requirement that the terms and conditions be reduced to
an agreement of operation.
No franchise hereunder shall become effective for any purpose unless
and until a written acceptance has been filed with the Secretary of the township;
and such written acceptance shall be in the form and substance as shall be
prescribed and approved by the Solicitor of Thornbury Township and in the
form of an agreement of operation for each and every term and condition and
limitation contained in this article. Such written acceptance shall be filed
not later than 14 days following the date of the grant of the franchise by
the Township Supervisors.
In addition to any other franchise requirements hereunder, the following
requirements shall apply to any franchise granted or renewed by the Supervisors
under this article:
A.
Fees. In consideration of the granting and exercise of
a franchise to use the streets, roads and highways in the franchise area for
the purpose of operating a cable television system for the use and benefit
of subscribers therein, the grantee shall pay to the township during the entire
life of the franchise, at such times and in such manner and amounts as specified
in the franchise agreement, which franchise payment shall be determined as
a percentage of annual gross operation revenues. Gross operation revenues
shall include any and all compensation and other consideration received directly
by the company from subscribers as payment for regularly furnished CATV service.
Within this section, "company" includes the parent or subsidiary as identified
and required by this article. "Gross operating revenue" shall include fees
received and shall include all license fees from whatever source; "subscribers"
as used herein shall include commercial as well as residential subscribers
and revenues shall include advertising revenues, tax credit revenues collected
for acting as collection agents, rentals from lease channels, percentage of
sales of goods marketed over cable channels, revenues from the operation of
institutional networks, capital gains on the sale of the system or the franchise,
converter rental, interest on security deposits, amounts paid to the franchisee
by programmers for carrying their programs, installation, reconnection and
disconnection charges and revenues derived from interconnection with other
systems, including satellite interconnections. Annual gross operating revenue
shall be determined by an annual summary report verified by the company's
certified public accountants. All fees pursuant hereto shall be paid on a
quarterly basis.
B.
Franchise payments not in lieu of taxes. Any franchise
payments to the township by the grantee shall not be in lieu of any occupation,
income, mercantile, business privilege, property or similar levy, assessment,
fee or charge which would otherwise apply to and be payable by the grantee.
C.
Corporate surety and bond. Upon issuance of the franchise,
the grantee shall, upon acceptance, file with the Secretary of Thornbury Township
and shall thereafter during the entire term of such franchise maintain in
full force and effect a corporate surety bond or other adequate surety agreement
in the amount and kind specified in the franchise agreement and conditioned
that, in the event that the grantee shall fail to comply with any one or more
of the provisions of such franchise, then there shall be recoverable jointly
and severally from the principal and surety any damages or costs suffered
or incurred by the township, any township employee, any township resident,
or by any subscriber as a result thereof, including attorneys' fees and
costs of any action or proceeding and including the full amount of any compensation,
indemnification, cost of removal of any property or other costs which may
be incurred up to the full principal amount of such bond. This condition shall
be a continuing obligation during the entire term of such franchise and thereafter
until the grantee shall have satisfied in full any and all obligations to
the township, its employees, any township resident, and any subscriber which
arise out of or pertain to the franchise. The provisions of this section and
the posting of the bond on the recovery of any damages by the township shall
not be construed to excuse faithful performance by the grantee or limit the
liability of the grantee under any franchise issued pursuant to this article.
D.
Comprehensive liability insurance. Upon acceptance of
the franchise, the grantee shall file with the Secretary of Thornbury Township
and thereafter, during the entire term of the franchise, maintain in full
force and effect a single limit comprehensive liability policy of insurance
with limits of not less than $500,000 dollars each occurrence and $500,000
aggregate or such amounts as may be sufficient to indemnify and save the township
harmless as a result of granting the franchise or any amendment hereto. The
insuring institution, form and substance shall be as approved by the Township
Solicitor, which shall assure that there is primary coverage for the township
and its employees as well as the grantee and its employees and subcontractors
against liability for loss or damage occasioned by any activity or operation
of the grantee under the franchise and which shall contain and include a standard
cross-liability endorsement.
E.
Indemnification. The grantee shall indemnify and hold
the township residents and the township harmless, including its or their officers
and employees, against any and all claims, demands, causes of actions, actions,
suits, proceedings, damages (including but not limited to damages to township
property or the property of any of the residents of the township and damages
arising out of copyright infringements and damages arising out of any failure
by the grantee to secure consents from the owners, authorized distributors
or licensees of programs to be delivered by the grantee's cable television
system), costs or liabilities (including costs or liabilities of the residents
of the township and the township with respect to its employees), of every
kind and nature whatsoever, including but not limited to damages for injury
or death or damage to person or property and regardless of the merit of any
of the same, as well as damages for any claims of libel, slander of defamation,
against all liability to others and against any loss, cost and expense resulting
or arising out of any of the same, including any attorney fees, accountant
fees, expert witness or consultant fees arising out of or pertaining to the
exercise or the enjoyment of any franchise granted.
F.
Defense of litigation. The grantee shall, at the sole
risk and expense of the grantee, upon demand of the township, appear and defend
any and all suits, actions or other legal proceedings brought or instituted
by any party against or affecting the township or its employees or residents
arising out of or pertaining to the franchise granted by the township. The
grantee shall pay and satisfy any judgment, decree or order rendered against
the township or its officers and employees or its residents; and such indemnity
shall continue without reference to or limitation by any bond or policy of
insurance required hereunder.
A.
Within 30 days after acceptance of the franchise, the
grantee shall proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business, including
but not limited to any utility joint use attachment agreements, microwave
carrier licenses and any other permits, licenses and authorizations to be
granted by duly constituted regulatory agencies having jurisdiction over the
operation of cable television systems or associated microwave transmission
facilities. In connection herewith, copies of all applications submitted by
the grantee to the Federal Communications Commission or any other federal
or state regulatory commission or agency having jurisdiction in respect to
any matters affecting the grantee's cable television operations shall
also be submitted simultaneously to the Township Secretary.
B.
Within 90 days after obtaining all necessary permits,
licenses and authorizations, including the right of access to poles and conduits,
the grantee shall commence construction and installation of the cable television
system.
C.
Within 180 days after the commencement of construction
and installation of the system, the grantee shall complete construction of
the facilities needed to permit the reception of the broadcast system and
the origination of programming within the franchise area or such area as designated
in the franchise agreement. The grantee shall further complete construction
of the principal system within one year of the commencement date and shall,
following therewith, proceed according to any schedule plan and design as
submitted in the franchise agreement. The Township Supervisors may approve
extensions of time upon showing of undue hardship or justifiable circumstances.
Prior to the commencement of construction of the distribution system, the
grantee shall submit a construction schedule and map of the township showing
in detail the geographic location of the portion of the franchise area to
be wired during each of the months following and shall construct the distribution
system in accordance with the schedules submitted and approved by the Township
Supervisors.
D.
Failure on the part of the grantee to commence and diligently
pursue each of the foregoing requirements and to complete each of the matters
set forth herein shall be grounds for termination of the franchise. Any franchise
granted under this article and the acceptance shall constitute an agreement
that failure to comply with any time requirements referred to in any subsections
of this section will result in damage to the township and that it is and will
be impracticable to determine the exact amount of such damage in the event
of delay; and the grantee therefore agrees that, in addition to any other
damage suffered by the township, it will pay to the ownership an amount as
set from time to time by resolution of the Board of Supervisors per day for
each and every day beyond the time prescribed, for completion of the acts
required to be done under this section.[1]
E.
The grantee shall utilize existing poles, conduits and
other facilities whenever possible and shall not construct or install any
new, different or additional poles, conduits or other facilities without first
securing the written approval of the township. In any instance where utilities
in any subdivision or residential area of the township are installed underground,
all cable operation used pursuant to the franchise shall likewise be installed
underground.
F.
The grantee shall at its own expense temporarily disconnect
or temporarily relocate any cable, pole or transmission or part of a transmission
system when it is required by any street or road construction to change the
establishment of the street grade or upon installation of any utilities operated
by the township, including sewers, drains or waterpipes.
G.
In the event that the use of any part of the system of
the grantee is discontinued for any reason for a period of 30 days, without
prior written notice and approval by the Township of Thornbury, or in the
event that any part of the system has been installed in any street or other
area without complying with the requirements hereof, or in the event that
any franchise is terminated, canceled or shall expire, the grantee shall,
at the option of the township and at the expense of the grantee and at no
expense to the township, promptly remove such from any street, highway or
road or any other property of the grantee and the grantee shall promptly restore
the street, highway or road from which such property has been removed to the
condition as directed by the township. The Township Supervisors may, upon
written application by the grantee, approve the abandonment of the property
in place by the grantee upon agreement of the grantee to convey ownership
and control of such property to the township.
H.
Upon the failure, refusal or neglect of the grantee to
cause any work or other act required by this article to be completed, the
Township Supervisors may cause such work or other act to be completed in whole
or in part and in doing so shall submit to the grantee an itemized statement
of the costs thereof and the grantee shall, within 30 days after receipt of
such statement, pay to the township the entire amount thereof.
I.
Unless otherwise provided where time is prescribed for
the doing or causing any act to be done, the Township Supervisors, for good
cause, stated in writing, may extend any time period as they judge reasonable
and necessary.
A.
General rules. A company receiving a franchise shall:
(1)
Be capable of relaying to subscriber terminals television
and radio broadcast signals;
(2)
Be constructed with the potential of two-way digital
signal transmission;
(3)
Distribute color television signals which it receives;
(4)
Provide at least one channel without charge for exclusive
use of the township, school district or other governmental agency;
(5)
Provide at least one channel for educational public access
and civic or nonprofit organization uses; and
(6)
Have a minimum capacity of 36 channels.
B.
Refusal of service. No person, firm or corporation within
the service area of the grantee and where trunk lines are in place shall be
refused service; provided, however, that the grantee shall not be required
to provide service to any subscriber who does not pay the applicable connection
fee or service charges.
C.
Service standards. The grantee shall:
(1)
Correct malfunctions promptly, but in no event later
than 24 hours after occurrence;
(2)
Answer complaints by subscribers;
(3)
Precede interruptions of service, insofar as possible,
by notice given to subscribers 24 hours in advance, and such interruptions
shall occur during the periods of minimum use of the system;
(4)
Maintain an office in the vicinity of Thornbury Township,
which office shall be open during all usual business hours, with its telephone
listed in directories of the telephone company and which office shall be so
operated that complaints and requests for repairs or adjustments may be received
at any time, day or night, seven days a week, and provide notice of such office
and of the complaint procedure to each subscriber at the time of the initial
subscription to the system; and
(5)
Maintain a written record or log listing the date of
customer complaints, identifying the subscriber and describing the nature
of the complaint and when and what action was taken by the grantee in response
thereto. The record shall be kept at the grantee's local office and shall
be available for inspection during regular business hours.
D.
Municipal service. With respect to the local government
channel, the grantee shall provide, at the request of the township and upon
reimbursement of the grantee's actual cost, use of the grantee's
studio, equipment and technical services for the production of live and videotape
municipal programs, subject to scheduling requirements of the grantee.
A.
Nature of franchise. Any franchise issued under this article shall be nonexclusive, and neither the granting thereof nor any of the provisions contained in such franchise shall limit or affect the right and power of the township. The Township Supervisors reserve the right to grant an identical or different franchise to any person, firm or corporation other than the grantee, within or without or partly within or without the franchise area subject only to the restrictions provided in § 72-4 of this article. No privilege or exemption shall be granted or conferred by the franchise granted hereunder except those specifically provided in this article.
B.
Transfer of franchise.
(1)
Any franchise granted hereunder shall be a privilege
to be held in trust by the original grantee. It cannot be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced or
involuntary sale or by voluntary sale, merger, consolidation or otherwise,
without prior consent of the Supervisors of Thornbury Township, and then only
under such conditions as prescribed herein. Any such transfer or assignment
shall be made only by an instrument, in writing, which shall be filed in the
office of the Secretary of Thornbury Township within 30 days after any such
transfer or assignment. The consent of the township may not be unreasonably
refused; provided, however, that the proposed assignee must show financial
responsibility as determined by the Supervisors of Thornbury Township and
must agree to comply with all provisions of the franchise and of this article.
No consent shall be required for a mortgage or other pledge to secure indebtedness
except when such mortgage or pledge shall exceed 50% of the market value of
the property. In such instance, prior consent shall be required. Such consent
shall not be withheld unreasonably.
(2)
In the event that the grantee is a corporation, prior
approval of the township shall be required where there is an actual change
in the control or where ownership of more than 50% of the voting stock of
the grantee is acquired by a person or group of persons acting in concert,
none of whom already owns 50% or more of the voting stock, singly or collectively.
C.
Term of franchise. No franchise granted or renewed by
the Township Supervisors under this article shall be for a term shorter than
10 years, nor shall any franchise be renewed for a term longer than 10 years.
Any franchise renewal shall be subject to the prior approval of the Township
Supervisors utilizing the same procedures as prescribed herein for the granting
of a new franchise.
D.
Prohibited activities of the grantee. The grantee shall
be prohibited from directly or indirectly doing any of the following:
(1)
Engaging in the business of selling at retail, leasing,
renting, repairing or servicing of television sets;
(2)
Soliciting, referring or causing or permitting the solicitation
or referral of any subscriber to anyone engaged in any business activity prohibited
by the prior subsections;
(3)
Providing information concerning the viewing patterns
of identifiable individual subscribers to any person, group or organization
for any purpose, without the consent of the subscriber;
(4)
Entering or encroaching upon or interfering with or obstructing
any private property without the express consent of the owner;
(5)
Providing any repair service to its subscribers for a
fee, which repair extends beyond the connection of its service or the determination
by the grantee of the quality of its signal to the recipients thereof.
At the time of the granting of any franchise hereunder, the Supervisors
of Thornbury Township shall, to the extent permitted by applicable law, approve
and include therein all rates and charges allowable to the grantee, including
but not limited to all such rates and charges for installation of equipment,
service charges for all classifications of service, including additional connections
at one location and any other rates or charges of the grantee to subscribers;
and, to the extent permitted by applicable law, no such rates or charges shall
be charged at any time after the granting of a franchise, except by authority
of the Township Supervisors and upon written request of the grantee. Prior
to authorizing the change of any rates or charges of the grantee to subscribers,
the Township Supervisors shall first pass a resolution of intention to do
so, describing and stating any rates or charges to be changed, stating the
reasons of the changes therefor, fixing the time and place where and when
persons having any interest therein may appear before a public meeting of
the Board of Supervisors and be heard.
If any territory in the Township of Thornbury is not served by an existing
franchise and is desired to be served by a grantee of a franchise, the said
grantee may apply for extension of the franchise upon agreement to comply
with all of the terms of this article and of the existing franchise agreement.
The grantee shall, at all reasonable times and to the extent necessary
to carry out the provisions of this article, permit any duly authorized agent
or representative of the township to examine all franchise property of the
grantee, together with any appurtenant property of the grantee situated within
the township and to examine any maps and records kept or maintained by the
grantee under his control or direction dealing with the franchise operations,
affairs and transactions.
Willful failure, refusal or neglect by the grantee to comply with any
requirement herein or any term or condition of the franchise together hereunder
shall be sufficient cause for termination of the franchise by the township,
as follows:
A.
Upon the continued failure, refusal or neglect for a
period of 10 days following written demand by the Secretary of the township
that the grantee comply with any such requirement, limitation, term or condition,
there shall be placed upon the agenda of the regular meeting of the Township
Supervisors the matter of the termination of the franchise and, in such case,
notice shall be served upon the grantee five days prior to the date of the
public meeting of the intent to terminate the franchise at such public meeting.
B.
If the Supervisors shall determine such refusal, failure
or neglect by the grantee was without just cause, then the Supervisors may
adopt a resolution declaring that the franchise shall be terminated and forfeited
unless there be compliance by the grantee within 10 days, and, after the expiration
of the said 10 days, unless the grantee shall comply, such termination and
forfeiture shall be effective 180 days thereafter.
C.
Within 180 days after such declaration of termination
and forfeiture, the grantee may sell, remove or transfer the entire system
and, upon such sale or transfer in addition to any other rights hereunder,
the township shall have a lien against any and all proceeds thereof, in the
full amount of any loss, cost or expense incurred by the township in the exercise
of any right hereunder or by reason of such termination and forfeiture.
D.
If the grantee shall fail or refuse to sell, remove or
transfer the entire system, the township may institute appropriate Court action
to enforce the requirements of this section.
A.
From and after the effective date of this article, it
shall be unlawful for any person to construct, install or maintain within
any public street of the township or within any other public property or property
controlled by the township or within any privately owned areas within the
township designated and delineated as a public highway or street of any subdivision
map approved by the township, any equipment or facilities for the distribution
of television signals through a cable television system unless a franchise
authorizing such use of such street or property or area has first been obtained
pursuant to the provisions of this article and unless such franchise is in
full force and effect.
B.
It shall be unlawful for any person, firm or corporation
to make or use any unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a franchised cable
television system within the township for the purpose of enabling himself
or others to receive or use any television signal, picture, program or sound,
without payment to the owner of the said system.
C.
It shall be unlawful for any person, without the consent
of the owner, to tamper with, remove or injure any cables, wires or equipment
used for distribution of television signals, pictures, programs or sound.
No person shall obtain any signal from any cable television system franchised
by this township without authority from the franchisee. Any person using any
such signal without authority for the purpose of viewing, hearing or recording
any show shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the township before a District Justice, pay a fine of not more
than $600, plus all court costs, including reasonable attorney's fees,
incurred by the township in the enforcement of this chapter. No judgment shall
be imposed until the date of the determination of the violation by the District
Justice. If the defendant neither pays nor timely appeals the judgment, the
township may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 6-7-1994 by Ord. No. 1994-3]
Thornbury Township, Chester County, as franchising authority, hereby
adopts and follows all current and future rate regulations as promulgated
by the Federal Communications Commission.
Thornbury Township, Chester County, as franchising authority, will allow
reasonable opportunity for consideration of the views of interested parties
consistent with, but not limited to, the procedures mandated by the public
participation provision of Sunshine Act, 65 P.S. § 280.1, and other
applicable statutes, ordinances and regulations.
