Township of Bethel, PA Cable Television

Upon application duly made, the Board of Supervisors may grant the nonexclusive right for the use of the public streets within the Township for the construction, operation and maintenance of cable television and communications systems subject to the terms and conditions contained in this chapter;

Any person proposing to commence or engage in the business of construction or operating a cable television and communications system in the Township must first have applied for and have received a license pursuant to this chapter;

Any person submitting an application for a license under this chapter shall provide all information required by this chapter and such other information as may be required by the Board. The form of application shall be approved by the Board by resolution. Each application shall be responsive to the questions soliciting such information, and shall supply all the information solicited, the failure to provide such information may render an application invalid;

Each license shall be granted for a term of 15 years; thereafter, such license may be renewed for terms of 10 years in accordance with the provisions of § 139-7. Nothing in this chapter shall be construed to require such renewal;

Licenses granted pursuant to this chapter shall not be voluntarily transferred without the express approval of the Board except for transfers for financing purposes only. For the purpose of this subsection, the transfer of control of the license shall be deemed to be a transfer of the license;

Any license hereunder granted shall be to erect, maintain and operate a distribution system and its necessary facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the Township and subsequent additions thereto, for the purpose of transmission and distribution of audio, digital and video impulses in accordance with the laws and regulations of the United States of America and the Commonwealth of Pennsylvania, and this chapter of licensor.

§ 139-2 Existing poles; underground facilities.

To the extent practicable, licensee shall erect and maintain its facilities on existing power and telephone poles pursuant to pole attachment agreements with the utility companies. No new poles shall be set by licensee unless no pole exists or use of an existing pole is not practicable due to excessive rearrangement or other condition. Where existing utility lines are underground, licensee shall place its facilities underground unless otherwise authorized.

§ 139-3 Distribution facilities.

The distribution facilities of licensee shall be at all times maintained in a good and safe condition by licensee and shall be constructed and maintained by licensee so as not to interfere with television and radio reception by inhabitants not using licensee's services.

§ 139-4 Transmission distribution system.

Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, the National Electrical Code and applicable ordinances and regulations of licensor affecting electrical installation.

§ 139-5 Indemnification; insurance; liability.

Licensee shall indemnify and hold licensor harmless from and against any loss from any claims, demands or actions for injury and damage to persons or property, both real and personal, arising out of the construction, erection, operation or maintenance of the facilities of licensee.

Licensee shall carry insurance in such form as shall protect licensor and licensee from and against any and all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any of the facilities of licensee. The amount of such insurance against liability due to damage to property shall not be less than $100,000 as to any person, and $200,000 as to any one accident, against liability due to injury or death to persons $300,000 as to any one person and $500,000 as to any one accident. Licensee shall also carry such insurance necessary to protect it from all claims under the Workmen's Compensation Law in effect that may be applicable to licensee. All insurance required by this chapter shall be and remain in full force and effect for the entire life of the license granted hereunder.

Licensee, upon receipt of due notice in writing from licensor, shall defend at its own expense any action or proceeding against licensor in which it is claimed that personal injury or property damage arose from the licensee's activities in the operation of its cable television system.

Licensee shall indemnify and hold harmless licensor and pay to licensor all reasonable legal expenses incurred by virtue of licensor being required to defend itself in any matter concerning the license which is herein granted or the operation of licensee's cable television system.

§ 139-6 Licensing fee; requirements of licensee.

In consideration of any license hereunder granted, licensee agrees to pay licensor annually 3% of its gross revenues derived from all cable television service to subscribers. Licensor agrees that said sum of money to be paid to and accepted by the licensor are in full payment for any license granted hereunder and no other fees, taxes or other payments shall be required to be paid by licensee. Payments of the said fee shall be made annually within 90 days of the close of every calendar year and shall be accompanied by a report of such gross revenues received certified by a certified public accountant or officer of licensee. Licensor shall have the right to inspect the records of licensee to the extent necessary to verify the payments to which it is entitled.

Cable television service shall be made available to all residents passed by the cable of licensee without discrimination. No developer, owner, agent or association representing a multiple dwelling complex shall prevent the installation of cable television facilities to serve residents therein; provided, licensee shall be responsible for any damage caused by the installation of its facilities nor shall any payment be demanded or made as a condition to providing cable television service to such residents.

Cable television service shall be made available to all residents of the Township in all areas and sections of the Township. The cable shall be installed on all roads, streets or highways now existing or built in the future. Service shall be made available to residents living in excess of 150 feet from a street or road right-of-way at licensee's costs for time and material.

At the time of application, applicant shall set forth a detailed schedule for providing service to all areas of the Township. In no case shall the schedule exceed three years maximum for total coverage of the Township. In the event the three-year time limit is not met, the Township may, after written notice to the licensee and by ordinance, revoke the license.

Each licensee shall provide each public school, all public libraries, fire companies and Township buildings within the Township with a single service drop and service without charge. It will, if required, provide existing private and parochial schools within the Township (for educational purposes only) with a single service drop (any such drop exceeding 150 feet to be charged for time and material) and service without charge. Additional drops and service will be charged to the facility by the licensee at cost to the licensee of time and material only. Additionally, licensee shall provide upstream channel capability for live telecasts from Francis Harvey Green School, Bethel Township Municipal Building and Bethel Township Hose Co., No. 1 Fire Station.

Subject to applicable third-party agreements, each licensee shall be required to allow interconnection of its education and government access channels with those of any other cable television and communications facility operating in contiguous municipalities or such larger territory as may be feasible. The licensee shall agree to such interconnection within 60 days of a request by the Township. For good cause shown, a licensee may request and the Township may grant reasonable extension of time to comply with this requirement.

§ 139-7 Review of licensee performance; determination of license renewal.

Not more than one year prior to the expiration of any license granted pursuant to this chapter or any renewal thereof, the Board, after giving public notice, shall proceed to determine whether the licensee has satisfactorily performed its obligations under this chapter and its license. The Board may consider the licensee's annual reports to the Township, or to the FCC or the Commonwealth of Pennsylvania in the event any reports are required. The Board may consider the licensee's performance in the light of the cable television industry's performance on a national basis in respect to technical developments and performance, programming, cost of service and the then state of the art. Not later than eight months prior to the expiration of the license, the Board shall hold a public hearing, duly advertised at which interested persons shall have the opportunity to be heard with respect to renewal of the license.

At least six months prior to the expiration of a license, the Board shall determine whether such license shall be renewed for an additional period of 10 years.

§ 139-8 Termination of license; cancellation of license; notice.

In addition to all other rights and powers accruing to the Township under this chapter or otherwise, the Board reserves the right to terminate and cancel a license and all rights and privileges of a licensee hereunder in the event that a licensee:

(1)

Violates any provision of this chapter, its license, or any rule, order or determination of the Township or Board made pursuant to this chapter, and fails to correct such violation within 30 days after it receives written notice from the Township of such violation; or

(2)

Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt or bankruptcy or reorganization proceedings are commenced against the licensee.

Such termination and cancellation shall be by ordinance duly adopted after 30 days written notice to the licensee and shall in no way affect any of the Township's rights under this chapter or any provision of law.

§ 139-9 Township's right of removal or acquisition of system.

At the expiration of the term for which a license is granted, or upon its termination and cancellation as provided for herein, the Township shall have the right to require the licensee to remove at its own expense all portions of the system from the Township.

Upon receipt of an application for approval of transfer of license, the Township reserves the right to acquire ownership of the licensee's cable television and communications system in the Township, upon payment to licensee of a price equal to the highest bona fide offer for purchase of the system.

§ 139-10 Services for subscribers.

Licensee shall respond to all service calls within a reasonable period and correct malfunctions as promptly as possible and shall maintain a competent staff sufficient to provide adequate and prompt service to its subscribers.

§ 139-11 Failure to comply; suspension of service.

In the event licensee shall fail to comply with any of the material provisions of this chapter and shall fail within 30 days after written notice from licensor to correct such failure to comply, licensor shall have the right, in addition to all other rights or remedies allowed by law, to require Licensee to suspend service until such failure is cured.

§ 139-12 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay the maximum amount authorized by the provisions of 53 P.S. § 66601(c.1), plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).