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.
CHANNEL
A designated frequency band in the electromagnetic spectrum
which is capable of carrying video, audio, digital or other electronic
signals, or some combination thereof.
CONVERTER
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.
FCC
Federal Communications Commission.
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.
PERSON
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.
SECTION
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.
SUBSCRIBER
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.
SUBURBAN
The cable system operator, Suburban Cable TV Co. Inc., and
its lawful successors, transferees or assigns.
TOWNSHIP
The Township of Lower Salford, or the lawful successor, transferee,
or assignee thereof.
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.
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.
A. The notices or responses to the Township shall be
addressed as follows:
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Township of Lower Salford
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474 Main Street
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Harleysville, PA 19438
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B. The notices or responses to Suburban shall be addressed
as follows:
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Suburban Cable TV Co. Inc.
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200 Cresson Boulevard
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Oaks, PA 19458
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Attention: General Counsel
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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.
[Adopted 9-6-2006 by Ord. No. 2006-3]
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.