[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Salford as indicated in article histories. Amendments noted where applicable.]
Article I Suburban Cable TV Agreement
Article II Verizon Agreement
Editor's Note: This resolution approved a franchise agreement which replaced the expired agreement adopted 12-16-1981 by Ord. No. 81-8 and codified as former Ch. A170, Cable Television Franchise.
The Township hereby grants to Suburban, its successors and assigns, a franchise to construct, own, operate and maintain a cable system pursuant to the terms and conditions set forth herein.
For the purpose of this franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the singular include the plural number. The word "shall" is always mandatory and not merely directory.
- ANNUAL REVENUES
- Any and all compensation actually received by Suburban from its subscribers within the Township, arising from the operation of its cable system within the Township to provide cable service, including all monthly basic cable, cable programming service, equipment rental, premium cable service and program revenues and advertising revenue. Annual revenues shall not include bad debts, converter deposits, refunds to subscribers by Suburban or receipts from sales, use or franchise fees or taxes or any other tax or fee that Suburban collects on behalf of the Township or any other taxing authority for income derived from the provision of any service not set forth in this definition. Nonsubscriber-based revenue shall be calculated on a pro-rata basis (revenue/subscribers times the number of subscribers within the Township).
- CABLE PROGRAMMING SERVICE
- Any tier of video programming service provided over the cable system, other than the basic cable tier of service, or programming offered on a per-program or per-channel basis.
- CABLE SERVICE
- The one-way transmission to customers of video programming and other programming services, together with customer interaction, if any, which is required for the selection of such programming, or the utilization of any facilities or equipment of the cable system to provide such services.
- CABLE SYSTEM
- A facility, consisting of a set of transmission paths and associated signal generation, reception and control equipment, that is designed to provide cable service which includes, but is not limited to, video programming and which is provided to multiple subscribers within a community.
- A designated frequency band in the electromagnetic spectrum which is capable of carrying video, audio, digital or other electronic signals, or some combination thereof.
- COMMUNICATIONS ACT
- The Communications Act of 1934, as amended.
- An electronic device which allows for reception and selection of signals distributed over the cable frequencies that may not be receivable on the ordinary television receiver.
- Federal Communications Commission.
- FRANCHISE or FRANCHISE AGREEMENT or AGREEMENT
- This franchise agreement as approved by the Township.
- LINEAR PLANT MILE
- A lineal mile of strand-bearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.
- Any individual, trustee, partnership, association, corporation or other legal entity.
- PUBLIC WAY
- The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, rights-of-way or easements employed for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Township in the service area which shall entitle the Township and Suburban to the use thereof for the purpose of installing, operating, repairing, and maintaining the cable system. Public way shall also mean any easement now or hereafter held by the Township within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the Township and Suburban to the use thereof for the purposes of installing or transmitting Suburban's cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system.
- Any section, subsection, line or provision of this franchise.
- SERVICE AREA
- The present municipal boundaries of the Township and shall include any additions thereto by annexation or other legal means.
- Any person(s), firm(s), corporation(s) or other legal entity(ies) who, or which, elects to receive, for any purpose, a cable service provided by Suburban in connection with the cable system.
- The cable system operator, Suburban Cable TV Co. Inc., and its lawful successors, transferees or assigns.
- The Township of Lower Salford, or the lawful successor, transferee, or assignee thereof.
There is hereby granted by the Township to Suburban the nonexclusive right and privilege to construct, erect, operate and maintain in, on, upon, along, across, above, over, and under the public way in the Township, poles, wires, cables, underground conduits, manholes, pedestals, amplifiers and other cable television conductors and fixtures necessary for the construction, maintenance and operation within the Township of a cable system for the purpose of distributing or relaying television, radio, digital and other lawful electronic signals.
The right to use and occupy the public way for the purposes herein set forth shall not be exclusive. If the Township grants a cable franchise to anyone other than Suburban, to the extent that Suburban's franchise in whole or in part is inconsistent with such other cable franchise, then, at Suburban's option, Suburban's franchise shall be automatically amended or conformed in whole or in part, as the case may be, so that Suburban's franchise is no less favorable to it than the most favorable cable franchise granted to any other person or entity. The rights and privileges of the franchise shall continue for a period of 15 years from the date this franchise is approved and adopted by the Township, subject to A170-9 below.
Editor's Note: This franchise agreement has an effective date of January 1, 1997.
To the extent federal law or regulations are amended or created after the execution of this agreement, the parties agree that this agreement is automatically amended on the effective date of the amended or created law or regulation to permit the Township to avail itself of the amendment or new law or regulation. This provision is specifically intended to ensure that the Township is, at all times, to receive the maximum compensation for rights granted to Suburban hereunder as is permitted by law or regulation.
Suburban shall pay to the Township on an annual basis throughout the term of this franchise a sum totaling the maximum percentage franchise fee permitted by law, currently 5% of annual revenues received from subscribers by Suburban from its operation of its cable system within the Township. Such amount shall be paid by Suburban to the Township in semiannual installments within 60 days after the close of each semiannual period ending on June 30 and December 31 of each year. Payment shall commence beginning the semiannual period after this franchise becomes effective and ending the semiannual period after this franchise expires. Suburban shall provide an annual statement of annual revenues for each calendar year certified by an officer of Suburban, and upon the request of the Township, by a certified public accountant. The annual statement of annual revenues shall include an itemization of the specific sources, amounts, and types of revenue from which the franchise fee is calculated.
In the event the FCC increases the maximum franchise fee or deregulates this area, the amount of said fee may be increased by the Township upon a duly authorized resolution to the maximum fee allowed by the FCC. Conversely, if the FCC maximum franchise fee is reduced, the Township may reduce or eliminate any such fee to conform to the then existing federal law or regulations.
Suburban shall conform to all generally applicable laws, rules and regulations of the United States and the State of Pennsylvania in the construction and operation of its cable system and all generally applicable rules and regulations of the FCC.
Suburban shall not refuse to hire or employ nor bar nor discharge from employment nor discriminate against any person in compensation or terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex.
Any right, power, protection, privilege or immunity which is provided, granted or imposed on Suburban under or by virtue of the Communications Act, as it may be amended or interpreted from time to time after the date hereof, shall remain inviolate and shall be available to Suburban, notwithstanding any contrary provision of the franchise agreement, and the acceptance of the terms and conditions of this franchise shall not be construed as a waiver or release by Suburban of any right, power, protection, privilege, immunity or obligation under the Communications Act, the laws or Constitution of the United States or the laws and Constitution of the State of Pennsylvania. Nothing herein, nor Suburban's acceptance hereof, shall be construed to deny Suburban the right to seek administrative and/or judicial review of any action or threatened action by the Township under, or arising out of, this franchise.
By its acceptance of this franchise, Suburban specifically agrees that it shall defend and indemnify the Township, its officers, employees, agents, boards and commissions, acting in their official capacity, and hold them harmless from any and all damages, penalties or costs that may arise from a suit filed by a third party due to the granting of the franchise to Suburban, or any activities engaged in by Suburban, excluding any activities that are the result of negligence or deliberate acts or omissions of the Township, its officers, employees, agents, boards or commissions.
By its acceptance of this franchise, Suburban specifically agrees that it shall pay all judgments or settlements due to damages and/or penalties for which it is liable under Subsection A. In this connection, Suburban will provide the defense of any claims brought against the Township under this section of the franchise by selecting counsel of Suburban's choice to defend the claim. The Township shall give timely notification of any such claims, demands, actions, suits, proceedings, damages, or liability before Suburban shall be required to undertake the defense and to indemnify the Township. Suburban shall have the right to defend, settle or compromise any claim or action arising hereunder. Expense of investigation, counsel and the amount of any settlement of any claim or suit will be paid by Suburban, and Suburban shall have the sole authority to decide the appropriateness and the amount of any such settlement.
By its acceptance of this franchise, Suburban specifically agrees that it will maintain, through the term of this franchise, and in any renewals thereof, liability insurance protecting Suburban and the Township with regard to all damages and/or penalties mentioned in Subsection A in the following minimum amounts:
Five hundred thousand dollars for bodily injury or death to any one person, within the limit, however, of $1,000,000 for bodily injury or death resulting from any one accident, and $2,000,000 for all injuries or deaths resulting from any one accident.
Five hundred thousand dollars for property damage resulting from any one accident.
Worker's compensation insurance on all employees engaged in installation or service of its equipment.
A certificate evidencing the insurance coverage herein provided shall be filed by Suburban with the Township, upon request.
The right is hereby reserved by the Township to adopt such additional general regulations in the exercise of its police power as it shall find necessary, provided that such regulations shall be reasonable and not unreasonably and not materially in conflict with the rights and privileges herein granted.
The franchise agreement (including all of Suburban's particular rights, powers, protections, privileges, immunities and obligations associated therewith as the same exist on the date hereof) shall constitute a legally binding contract between the Township and Suburban and as such cannot be amended, modified or changed by the Township without the consent of Suburban in any manner whatsoever, whether by ordinance, rule, regulation or otherwise, to impose on Suburban more stringent or burdensome requirements or conditions; provided, however, that nothing herein contained shall preclude the Township from the proper exercise of its general regulatory and police powers, as described in Subsection A and/or powers of eminent domain.
The Township and/or its officially designated representatives shall have the right to inspect all pertinent records, books, plans and financial statements maintained by Suburban which relate directly to computation of annual revenues, and construction and location of facilities within the Township, at Suburban's place of business upon reasonable notice and during normal business hours. The Township and its officially designated representatives agree to treat any information so disclosed as confidential and, with the exception of actions to enforce the provisions hereof, only to disclose it to employees, agents or representatives thereof that have a need to know. Suburban shall not be required to provide subscriber information in violation of Section 631 of the Communications Act.
The Township or its officially designated representatives or agents, upon reasonable notice, shall have the right to observe all construction or installation work performed subject to the provisions of this franchise, and to make such inspections, during regular business hours, as it may find necessary to ensure compliance with the terms of this franchise and other applicable provisions of the law. Any inspection required to determine compliance with Township ordinances shall be reimbursed by Suburban in the same manner as other inspections required by Township ordinances and in accordance with the Fee Schedule of the Township.
Continuing administration of the provisions of this franchise shall be the responsibility of the Township through its duly designated representative.
Suburban shall not transfer this franchise to any other person, firm, company, corporation or entity other than to the principal parents of Suburban, a parent corporation, a subsidiary or affiliate corporation of a parent company or subsidiary or affiliate corporation of Suburban, or any other firm or entity owned by Suburban without the prior approval of the Township as to the financial and technical ability of the transferee to operate the system. Such permission shall not be unreasonably withheld. At least 30 days prior to the proposed transfer, Suburban shall file with the Township a request for transfer and provide the information required by FCC Form 394. If the Township has not taken action on Suburban's request for transfer within 120 days after receipt of such notice, consent by the Township shall be deemed given.
The Township shall have the right to revoke this franchise for a knowing and substantial breach of any of the material terms and conditions of this franchise by Suburban. Said revocation shall not be effective until after written notice of the breach, setting forth the grounds for revocation, has been served upon Suburban by certified mail, return receipt requested, and Suburban shall not have cured the breach within 60 days, or shall have failed to commence to cure said breach as soon as reasonably practicable if such breach cannot be cured within 60 days after notice.
Prior to any such revocation, Suburban shall have the right to challenge the Township's allegations before an impartial administrative factfinder, which challenge shall stay the time periods specified in Subsection A. In any such administrative proceeding, both Suburban and the Township shall have the right to introduce evidence, to require production of evidence and to question witnesses in accordance with the standards of due process and fair hearing applicable to administrative hearings in the State of Pennsylvania. Either party may thereafter seek judicial review in a court of competent jurisdiction.
Suburban shall not be in violation of this franchise and no revocation shall be effected if Suburban is prevented from performing its duties and obligations or observing the terms and conditions of this franchise by any acts of God, labor disputes, manufacturers' or contractors' inability to timely provide personnel or material or other causes of like or different nature beyond the control of Suburban.
Renewal of this franchise shall be governed by Section 626 of the Communications Act and the provisions of this franchise.
This franchise may be renewed at any time by mutual agreement between Suburban and the Township.
Notwithstanding the provisions of Subsection B, Suburban may submit during the six-month period which begins with the 36th month before the franchise expiration, a written renewal notice requesting that the Township renew the franchise or initiate a proceeding pursuant to Subsection C(1).
Within six months of such notification, the Township shall take a proceeding, including a public notice and opportunity for participation, for the purpose of identifying future cable-related community needs, and reviewing compliance of Suburban with the then current franchise. Such proceeding shall be completed within 12 months of the date begun. The Township shall submit a copy of its findings in writing to Suburban within said 12 months.
After receipt of the Township's findings, Suburban may submit to the Township a proposal for renewal. In no event shall Suburban be given less than 90 days to submit its renewal proposal.
The Township shall provide public notification of receipt of this proposal, and within four months of receipt of such proposal shall either renew the franchise or issue a preliminary renewal assessment that the franchise should not be renewed.
If the Township preliminarily decides against renewal, and at Suburban's request, the Township shall begin an administrative proceeding, affording due process, including the rights to introduce evidence, subpoena evidence and examine witnesses, to consider whether: a) Suburban has substantially complied with the material terms of the existing franchise agreement and with applicable law; b) the quality of Suburban's cable service, except for the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; c) Suburban has the financial, legal and technical ability to provide the cable services, facilities and equipment as set forth in its proposal; and d) the proposal is reasonable to meet future cable-related community needs and interests, taking into account the cost of meeting such needs.
The Township shall issue a written decision granting or denying the proposal for renewal based solely on the record of the proceeding. A certified copy of such decision shall be furnished by the Township to Suburban.
If such decision is to deny renewal, reasons therefor shall be stated, and such denial shall be based only on one or more adverse findings directly relating to the factors specified in Subsection C(4) of this franchise. The Township may not base such denial of renewal upon factors (a) and (b) in Subsection C(4) unless the Township has given Suburban notice of and an opportunity to cure violations or problems, or if the Township has waived its right to object to, or effectively acquiesced in, such violations.
If Suburban's proposal for renewal has been denied by a final decision of the Township, or if Suburban has been adversely affected by a failure of the Township to act in accordance with the procedural requirements of this section, Suburban may seek review of such final decision through any court of competent jurisdiction.
If the current franchise agreement expires by its own term before the Township and Suburban have reached agreement on the terms and conditions of a renewal franchise or before completion of the formal renewal procedures set forth above, the expiration date of the current franchise agreement shall be deemed extended until either a new franchise has been granted or the Township's denial has been upheld by a court of last resort.
The rates charged by Suburban for installations, of and providing any and all cable services shall be as determined by Suburban; provided, however, that the Township may regulate any rate or equipment to the extent permitted by federal law only at the time of execution of this agreement or as may be permitted by law during the term of this agreement and all renewals thereof.
The Township shall not regulate rates for video programming offered on a per-channel or per-program basis unless authorized by law to do so.
Suburban shall provide notice to the Township and to affected subscribers of an increase in the rate or charge for any cable television service. The notice shall be in writing and shall specify the service or services affected, the new rate, and the effective date thereof. Written notice to subscribers affected by the rate increase shall be provided at least 30 days prior to the effective date of the rate change. This section shall not apply to pay-per-view programming.
Suburban may require subscribers to pay for each month of service in advance at the beginning of each month.
Nothing contained in this franchise shall be deemed to restrict or prohibit Suburban from pursuing legal remedies to collect past due debts owed to it by subscribers, including the reasonable costs and expenses incurred in pursuing such remedies, such as collection fees, attorney's fees and trip charges.
Suburban shall not, as to rates, charges, services, service facilities, rules, regulations, or in any respect make or grant any undue preference or disadvantage on the basis of race, creed, national origin, religion, color, sex or age. Nothing in this section shall be construed to prohibit the reduction or waiving of charges for promotional or competitive purposes.
Suburban shall use reasonable efforts in good faith to provide to subscribers as wide a variety and number of services as is feasible but no less than the variety and number of services generally available in the municipalities surrounding the Township.
Suburban shall use materials of good and durable quality and all work involved in the construction, installation, maintenance and repair of the cable system shall be performed in a safe, thorough and reliable manner.
Upon request, Suburban shall, without charge, provide basic cable television service to one outlet in each police and fire station, each public, nonprofit private and parochial school building, and each public library within the Township, when the property on which such use occurs is located within 125 feet of any part of Suburban's distribution system and is able to be connected with a normal aerial installation. Suburban shall be permitted to recover its labor, material and monthly service costs to provide service to more than one outlet in each such building or for other than normal installation. Users of such outlet shall hold Suburban harmless from any and all liability or claims arising out of their use of such outlets, including but not limited to, those arising from copyright liability.
Suburban shall take all necessary steps to construct and thereafter operate and maintain a cable system to a minimum of 750 Mhz utilizing 750 Mhz active electronics in a fiber to the node design or better (fiber optics must be utilized). The system shall be designed to support both analog and digital transmission with a minimum of 52 channels initially activated. Construction shall be completed and such cable systems shall be fully operational within 60 months of the execution of this franchise. Six months prior to the initiation of construction of the rebuild/upgrade, Suburban shall provide to the Township a neighborhood construction schedule which details the time frame for construction in each neighborhood and area of the Township.
Suburban shall designate an employee to act as a company representative by responding to public service complaints on a daily basis during the rebuild and provide the Township with the person's name and telephone number. Suburban shall use its best efforts to minimize traffic disruption during construction and coordinate construction scheduling with the Township.
In constructing, operating and maintaining the cable system, Suburban shall at all times comply with applicable Township ordinances, this agreement, and any applicable federal or state laws and regulations.
Suburban shall make available for the Township's review at Suburban's offices upon completion of the system upgrade, any and all design maps, including as-built and computer form, as may be maintained by Suburban. In order to comply with the provisions of this section, Suburban agrees that the Township, or its designee, may review the aforesaid design maps at Suburban's offices during normal business hours after providing three days' notice to Suburban prior to such review.
Suburban is hereby granted the right and privilege and an easement to construct, erect, place, operate, repair and maintain poles, wires, transmission lines, distribution lines, service lines and cable television and communications equipment in and on, under and over all public ways in the Township for the purpose of providing the Township and its inhabitants with its services.
Wherever a telephone or other utility company has erected poles, Suburban shall be expected to make a good faith attempt to enter into a joint use agreement for those poles. Suburban shall not set new poles, except where no pole exists or use of an existing utility pole is not practicable due to excessive rearrangements or other conditions, and such pole construction shall be subject to approval by the Township's Engineer.
Suburban shall apply for all required permits and shall not undertake any construction without receipt of such permits, issuance of which shall not be unreasonably withheld or delayed by the Township. The Township shall issue all such permits at no cost to Suburban, such costs being covered by Suburban's franchise fee.
The construction, installation and maintenance of the cable system shall be effectuated by Suburban in a manner that is consistent with the laws, ordinances and construction standards of the State of Pennsylvania, the Occupational Safety and Health Administration, the National Electrical Safety Code, National Electrical Code, FCC, and the Standards of Good Engineering Practices for Measurement of Cable Television Systems of the National Cable Television Association to the extent applicable.
All of Suburban's construction, installation, repair and maintenance shall be conducted in such a manner as to cause minimum interference with the rights and reasonable convenience of the public and any property owners that may be affected.
Suburban shall promptly repair and restore any private property which may have been damaged as a result of the construction, installation, repair or maintenance of the system. Any Township property damaged or destroyed shall be promptly repaired or replaced by Suburban and restored to a serviceable condition.
Cable service shall be provided at regular installation and monthly service rates to all residential areas where there is a density of 35 dwelling units per linear plant mile of aerial cable. Suburban shall extend cable service to areas where there is a lesser density of dwelling units upon payment by requesting households in such areas of a charge, in addition to an installation charge, which does not exceed Suburban's actual and direct costs divided equally among the number of requesting households. Notwithstanding the foregoing, nothing in this franchise agreement shall require Suburban to provide cable service in any area annexed pursuant to the definition of "service area" in § A170-2 or otherwise, regardless of density, that is receiving cable service from another operator.
The Township agrees to continue its practice of encouraging, in all written developer's agreements, that owners/developers of all residential subdivisions and multiple dwelling complexes shall make arrangements with Suburban for the installation of Suburban's cable facilities within same prior to final road surface application.
For subscribers requesting connection requiring an aerial drop line in excess of 125 feet, Suburban shall extend cable service at a rate not to exceed Suburban's actual cost of installation from its main distribution system.
Suburban shall have the right to remove, trim, cut and to keep clear of its poles, cables, underground conduits and related equipment the trees in and along the public streets, but, in the exercise of such right, Suburban shall not cut said trees to any greater extent than is reasonably necessary for the construction, erection, installation, maintenance and use of cable system equipment. Suburban shall not remove, trim or cut such trees from any public streets without first providing reasonable notice to the Township of its intention to do so.
Suburban shall be required, at its expense, to protect, support, temporarily disconnect, relocate in or remove from public streets, lands or places any property of Suburban whenever required by the Township, upon reasonable written notice, by reason of traffic conditions, public safety, street construction or any other public purpose.
Suburban, on the request of any person, firm or corporation holding a building permit issued by the Township or permit issued by an appropriate state agency, shall temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary raising or lowering shall be paid to Suburban by the person, firm or corporation requesting the same and Suburban shall have the authority to require such payment in advance. Suburban shall be given not less than 10 days' advance notice to arrange for such temporary wire changes.
In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are both aerial and underground, Suburban shall have the sole discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. In those areas where the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, Suburban shall construct, operate, and maintain all of its transmission and distribution facilities, and any part thereof, solely underground.
Suburban shall not be required to construct, operate or maintain any flush-mounted or below-ground-level appurtenances, such as subscriber taps, line extenders, system passive devices, pedestals or other related equipment.
Suburban shall provide written notice to each subscriber upon initial subscription and at intervals not more than one year thereafter of its procedures for reporting and resolving subscriber complaints, the equipment and services currently available, and the practices and procedures for protecting against invasions of subscriber privacy, and such other notices as may be required by the FCC's rules.
Upon a subscriber's request, Suburban shall issue a pro-rated credit for any period of cable service interruption of six or more continuous hours, provided that such outage was within Suburban's reasonable control. Credit shall be based upon number of channels and number of hours of interruption.
Suburban shall maintain a business office which shall be open during regular business hours and have a publicly listed toll-free telephone number and be so operated as to receive complaints and requests for repairs or adjustments 24 hours a day and remedying such as soon as possible.
Normal installations shall be performed within seven business days after an order has been placed. "Normal" installations are aerial drops up to 125 feet from the distribution system, unless circumstances beyond Suburban's control prevent compliance with this standard. All other installations shall be performed within 60 business days after an order has been placed unless circumstances beyond Suburban's control prevent compliance with this standard.
As a normal operating procedure, upon subscriber request, Suburban shall designate a block of time (not to exceed four hours) e.g., 8:00 a.m. to 12:00 noon or 1:00 to 5:00 p.m., during which it will make a good faith effort to provide service or installation at the requested site.
Suburban shall comply with customer service standards established by the FCC in accordance with Section 632 of the Cable Act, so long as such Cable Act section and FCC standards remain in effect.
Unless expressly otherwise agreed between the parties, every notice or response required by this franchise to be served upon the Township or Suburban shall be in writing and shall be deemed to have been duly given when received by certified or registered mail.
If any section, sentence, phrase, provision, paragraph or term of the franchise agreement or the particular application thereof shall be held void or otherwise invalid by any court or regulatory agency of competent jurisdiction, the remaining provisions and their application shall remain in full force and effect for the term of the franchise, or any renewals thereof.
This franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after the adoption, as provided by law, of the resolution of the Township of Lower Salford granting said franchise for the purposes set forth herein.
The effective date of this franchise is January 1, 1997.
[Adopted 9-6-2006 by Ord. No. 2006-3]
Whereas, pursuant to Title VI of the Communications Act (see 47 U.S.C. § 601 et seq.), the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, the regulations of the Federal Communications Commission and Pennsylvania law, Lower Salford Township in Montgomery County is authorized to grant franchises to construct, operate and maintain a cable system utilizing public rights-of-way and properties within the Township's jurisdiction; and
Whereas, Verizon of Pennsylvania, Inc. ("Verizon") is upgrading its existing telecommunications system under Title II of the Communications Act (see 47 U.S.C. § 201 et seq.) and has applied for a nonexclusive cable franchise agreement from the Township to operate a cable system under Title VI of the Communications Act (see 47 U.S.C. § 521 et seq.); and
Whereas, the Township wishes to grant a nonexclusive franchise to construct, install, maintain, extend, and operate a cable system in the Township; and
Whereas, Verizon is in the process of installing a fiber to the premise telecommunications network (FTTP Network) in the Township for the transmission of noncable services pursuant to authority granted by the Commonwealth of Pennsylvania; and
Whereas, the FTTP Network will occupy the public rights-of-way within the Township, and Verizon desires to use portions of the FTTP Network once installed to provide cable services in the Township; and
Whereas, the Township desires to protect and manage the public rights-of-way, require high standards of customer service, receive financial compensation for Verizon's use of the public rights-of-way as provided by federal law, obtain complimentary services for its public buildings, obtain educational and governmental channels; establish certain reporting requirements, and provide for the future cable-related needs of its residents; and
Whereas, the Township has determined Verizon to be financially, technically and legally qualified to operate the cable system to provide cable services; and
Whereas, the Township has determined that the public interest would be served by granting a franchise to Verizon according to the terms and conditions contained in the franchise agreement negotiated with representatives of Verizon.
The Board of Supervisors of Lower Salford Township does hereby approve and adopt the cable franchise agreement negotiated with Verizon, including all of the terms and conditions contained therein, and does hereby authorize the execution of such agreement.
Editor's Note: A complete copy of the agreement is on file in the Township's offices.