For the purpose of this Franchise, each of the following terms shall have the meaning ascribed below. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Those channels set aside for specific access purposes, including but not limited to public, educational and government channels.
All written proposals, in whatever form, made by the grantee to the Township concerning construction, rendering of services, maintenance or any other matter pertaining to the cable television system identified herein.
Any service or tier of services which include the retransmission of local television broadcast signals, access channels and any other channels and services defined for basic cable service by the FCC.
A system of poles, wires, cables, fibers, lines, underground conduits, converters, equipment, appliances and/or facilities designed, constructed or used for the purpose of production, receiving or amplifying, transmitting and distributing electronic, primarily radio and television, signals and other information or matter to or from customers of the grantee within the Township.
The County of Butler.
That administrative agency of the federal government responsible for cable television regulation on a national level or its lawful successor.
The permission, right and privilege or authority given to construct, operate and maintain a cable television system within the Township.
That set of facts and circumstances which, in an individual case, a reasonable person would adjudge to be beyond the grantee's reasonable control and which would therefore represent a justifiable excuse of performance. Depending upon the facts and circumstances, good cause may include, but shall not be limited to, delays or interruptions arising from necessary utility change, rearrangements, power outages, the fulfillment of governmental or regulatory restrictions or requirements, national emergency, uncontrollable material shortages, fire, earthquake or the elements and Acts of God.
The person, firm or corporation to whom or to which a franchise under this agreement and ordinance is granted by the Township and the lawful successor and assignee of such person, firm or corporation.
Any and all compensation in the form of gross revenue, received directly or indirectly from subscribers or users in payment for basic and premium cable television system services received within the Township. Gross revenue shall include convertor, remote control rental fees, installation charges, and any and all charges that are billable to subscribers on the monthly bill; except that gross revenue shall not include any late fees or taxes on service furnished by the grantee imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the grantee for such governmental unit.
The Township's solicitor or assistant.
Any individual or association of individuals or any firm, corporation or other business entity.
The Commonwealth of Pennsylvania.
The surface of and the space above and below any public street, road, highway, freeway, land, path, public way or place, alley, court, sidewalk, boulevard, parkway, drive or other easement now or hereafter held by the Township for the purposes of public travel, and shall include such other easements as the rights-of-way as shall now be held or hereafter by the Township which shall, within their proper use and meaning, entitle the Township and its grantee to the use thereof for the purpose of installing or transmitting signals over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable television system.
Butler Township, Butler County, Pennsylvania.
The present governing body of the Township or any future board constituting the legislative body of the Township.
The person designated by the Township of Butler, Pennsylvania, responsible for oversight of this Franchise.
The existing or succeeding chief administrative officer of the Township or his designate.