Throughout this ordinance the following terms,
phrases, words and abbreviations shall have the meanings given herein,
unless otherwise expressly stated. When not inconsistent with the
context, words used in the present tense include the future tense;
words in the singular number include the plural number, and words
in the plural number include the singular number; and the masculine
gender includes the feminine gender. The words "shall" and "will"
are mandatory, and "may" is permissive. Undefined words shall be ascribed
the meaning set forth in the Cable Act, and, if not defined therein,
their common and ordinary meaning.
Public, educational and governmental access channels as defined
herein.
A group or groups of cable service distributed over the cable
system consisting of the service tier which includes a retransmission
of local television broadcast signals, including all signals carried
as required by Sections 614 and 615 of the Act; any public, educational
and governmental access programming and any signal of any television
broadcast station that is provided by the cable operator to a subscriber,
excepting a secondarily transmitted satellite carrier signal beyond
the local service area of such station.
The Board of Supervisors of West Goshen Township.
The Cable Communications Policy Act of 1984, P. L. No. 98-549,
(codified at 47 U.S.C.§ 521-61, together with its supplements
and amendments.), as supplemented by the Cable Television Consumer
Protection and Competition Act of 1992, P.L. No. 102-385, as from
time to time amended and supplemented, and regulations promulgated
by the FCC (the Act).
A facility consisting of a set of closed transmission paths
with associated signal generation, reception and control equipment
that is designed to provide cable television service which includes
video programming and which is provided to multiple subscribers within
the township, but excluding a facility that serves only to retransmit
television signals of one or more television broadcast stations; a
facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility or facilities crosses or uses any public right-of-way, including
streets or easements; a facility of a common carrier which is subject,
in whole or in part, to the provisions of Title II of the Communications
Policy Act of 1984, except that such facility shall be considered
a cable system to the extent that such facility is used in the transmission
of video programming directly to subscribers; or any facilities of
any electric utility used solely for operating its electric utility
system.
A band frequency in the electromagnetic spectrum or other
means of transmission (including, without limitation, fiber optics
or any other means now available or that may become available) which
is capable of carrying a video signal, an audio signal, a voice signal
or a data signal.
Such video, audio, data or other service provided to institutional
users on an individual application basis. These may include, but are
not limited to, one-way video, two-way video, audio or digital signals
among institutions, and as may be specified in the franchise.
A subscriber who receives a service in a place of business
where the service may be utilized in connection with the business,
trade or profession and who pays the charges therefor.
Any inquiry, allegation or assertion made by a resident which
raises an objection to the business practices of the franchisee.
An electronic device which converts signals to a frequency
not suitable for interference with the television receiver of a subscriber
and any channel selector which permits a subscriber to view all signals
delivered at designated converter dial locations at the set or by
remote control.
A channel that can be received only by a person and/or institution
intended to receive signals on such channel.
The cable that connects a subscriber terminal at the point
in a subscriber's home, designated by subscriber, to the nearest feeder
cable of the system.
Any channel designated for noncommercial educational use.
The Federal Communications Commission, its designee or any
successor thereto.
The nonexclusive rights, whether by initial authorization
or renewal thereof, granted pursuant to this ordinance to construct,
operate and maintain a cable system along the public rights-of-way
within all or a specified area of the township. Any such authorization,
in whatever form granted, shall not mean or include any license or
permit required for the privilege of transacting and carrying on a
business within the township as required by the ordinances and laws
of the township.
A contract entered into in accordance with the provisions
of this ordinance between the township and a franchisee that sets
forth, subject to this ordinance, the terms and conditions under which
the franchise will be exercised.
The entire township, or such portions thereof, for which
a franchise is granted under the authority of this or any prior ordinance.
If not otherwise stated in the franchise, the franchise area shall
be the corporate limits of the township, including all territories
thereafter annexed to the township.
The maximum percentage allowed by law, as specified by the
township, of the franchisee's gross annual revenues derived from the
operation of the cable system to provide cable services.
The natural person(s), partnership(s), domestic or foreign
corporation(s), association(s), joint venture(s), organization(s)
or other legal entity and its/their lawful successor, transferee or
assignee which have been legally granted a franchise by the township.
The terms are used interchangeably throughout this ordinance.
Any channel on the cable system specifically designated or
dedicated for noncommercial government access use.
The Township of West Goshen, as represented by the Township
Board of Supervisors acting within the scope of its jurisdiction.
Any and all compensation actually received by the franchisee
from its subscribers within the township, as well as any indirect
compensation as hereinafter set forth, arising from the operation
of the franchisee's cable system within the township, including but
not limited to all monthly basic service, cable service, equipment
rental, premium cable service and per program revenues, installation,
disconnection, reconnection and change in service fees, lease channel
fees, late fees and administrative fees; revenues from converter rental
or sales, advertising revenues, revenue from program guides, revenues
from home shopping channels, revenues from any such service or services
that are deemed to be a cable service and any and all compensation
of any kind or nature received annually from subscribers which is
allocated by the franchisee to pay franchise fees. Nonsubscriber-based
revenue shall be calculated on a pro-rata basis (revenue/subscribers
times the number of subscribers in the township). Except as otherwise
enumerated above, "gross annual revenues" shall not include any bad
debts, converter deposits, refunds to subscribers by franchisee or
receipt from sales or use taxes or any other tax that franchisee collects
on behalf of the township or any other taxing authority or income
derived from the provision of any service not set forth in this Section
1.
The act of connecting the cable system from the feeder cable
to the subscriber terminals so that cable television service may be
received by the subscriber.
Any channel designated or dedicated for the use of persons
unaffiliated with the franchisee, at rates in accordance with the
Cable Act.
The ability to distribute cable programming to a particular
segment or segments of the cable subscribers.
The delivery over the cable system of per-channel or per-program
audio-visual signals to subscribers for a fee or charge.
An individual, partnership, association, organization, corporation
or other legal entity and any lawful successor or transferee of said
individual, partnership, association, organization, corporation or
legal entity.
Any channel on the cable system designated or dedicated for
noncommercial use by the general public or noncommercial organizations
for which it is available for use without charge on a nondiscriminatory
basis in accordance with the rules and regulations specified in the
franchise.
Notice published once a week for two successive weeks in
a newspaper of general circulation in the township. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, the second publication shall not be
less than seven days from the date of the hearing.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway,
utility easement or other public right-of-way, now or hereafter owned,
dedicated to, held, approved or controlled by the township which shall
entitle the township and the franchisee to the use thereof for the
purpose of installing and maintaining the franchisee's cable system.
No reference herein, or in any franchise, to the public right-of-way
shall be deemed to be a representation of or guarantee by the township
that its interest or other right to control the use of such property
is sufficient to permit the township's use for such purposes. The
franchisee shall be deemed to gain only such rights as the township
may have the undisputed right and power to authorize by its issuance
of a franchise to the franchisee, including such rights available
pursuant to Section 621(a)(2) of the Cable Act.
Where not elsewhere specified, it shall be written notice
addressed to the franchisee at its nearest principal office, which
notice shall be certified and postmarked not less than 15 business
days prior to the day in which the party giving such notice shall
commence any action which requires the giving of notice. In computing
notice, Saturdays, Sundays and all holidays on which the township's
administrative offices are closed shall be excluded.
Includes any sale, exchange or barter transaction.
Any locally funded public and private educational institution,
including elementary, middle and high schools. In the event the Cable
Act and the regulations promulgated thereunder require a franchisee
to provide cable service to colleges and universities, this definition
shall be expanded to include such entities, both public and private.
Any cable service, including basic service, and a service
tier, whether or not originated by the franchisee, or any other person,
which is distributed over the cable system.
Any transmission of radio frequency energy or of optical
information.
When 40% of other similar sized cable systems owned by a
franchisee in Chester County provide, or when 40% of like-sized communities
serviced by other cable operators in Pennsylvania have access to,
new services and the associated equipment and facilities necessary
to implement the new services, excluding experimental and pilot projects,
the level of service shall be described as "state-of-the-art."
The surface of and the space above or below any public street,
public roadway, public highway, public freeway, public lane, public
way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or right-of-way
now or hereafter owned, dedicated to, held, approved or controlled
by the township, which shall entitle a franchisee to the use thereof
for the purposes of installing or transmitting cable service and facilities
on or 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.
Cable system equipment used by the franchisee to provide
services in the franchise area.
Any person or entity who lawfully subscribes to and receives
cable service pursuant to a franchise, whether or not a fee is paid
for such service.
The process by which the cable system shall be upgraded pursuant to Article IV, A87-19 herein.
The Township of West Goshen and its authorized officials.
The disposal, voluntarily or involuntarily, by a franchisee,
directly or indirectly, by gift, assignment, voluntary sale, merger,
consolidation or otherwise, of 5% or more at one time of the ownership
or controlling interest in the cable system, or 20% percent cumulatively
over the term of a franchise of such interest to a corporation, partnership,
limited partnership, trust or association, person or group of persons
acting in concert, or other legal entity. Internal reorganization
in which ultimate control of the franchisee does not change shall
not constitute transfer for purpose of this ordinance.
That the head-in, trunk cables, distribution plant, amplifiers
and other technical components of the cable system have the capability
to pass video, audio, voice and/or data signals in both directions
simultaneously.
A signal originating from a terminal to another point in
the cable system, including video, audio, and digital signals, for
either programs or other uses, such as security alert and similar
services.
A person or organization utilizing channel or equipment and
facilities for the purpose of production and/or transmission of material
as contrasted with the receipt thereof in the subscriber's capacity.
