The captions to sections throughout this chapter are intended
solely to facilitate reading and reference to the sections and provisions
of this chapter. Such captions shall not affect the meaning or interpretation
of this chapter.
A.
Invitation of any applications for a franchise; public notice of
"request for proposals." The Borough may invite applications for a
cable television franchise by means of a public notice advertising
the availability of its request for proposals.
(1)
The public notice shall contain, but need not be limited to:
(a)
A description of the franchise area which is sought.
(b)
A statement that a formal request for proposals is available
to prospective applicants from a Borough official whose name, address,
and telephone number are specified.
(c)
A statement that applications for the franchise must be submitted
in writing in the form and manner specified in the request for proposals
no later than a day certain.
(d)
A statement that all applications will be made available for
public inspection during normal business hours at a specified location.
B.
Request for proposals. Prior to inviting any applications for any
television franchise, the Borough shall prepare a request for proposals
that shall contain, but need not be limited to, the following:
(1)
A description of the cable television system and services desired
by the Borough including any system specifications established by
the Borough.
(2)
A statement specifying the form that all applications shall follow.
(3)
A statement indicating the amount of the application fee (if any)
to be submitted with the application, and the manner in which such
fee is to be submitted.
(4)
A statement that all applications must contain the information required
by the request for proposal.
(5)
The closing date for the submission of applications.
(6)
The name, address, and telephone number of the Borough official(s)
who may be contacted for further information.
C.
Requirement for public hearing on reasonable notice. The Borough
shall conduct a public hearing prior to awarding or denying any cable
television franchise. The hearing shall be preceded by reasonable
notice to each of the franchise applicants and to the public, and
shall be conducted by the Borough Council in accordance with the following
procedures:
(1)
There shall be an agenda for the hearing which shall specify the
proposal(s) to be considered at the hearing.
(2)
Every person who has applied for a cable television franchise shall
appear at the hearing either in person or by authorized representative.
The application of any applicant not so appearing shall not be further
considered, except for good cause shown.
(3)
All persons shall be given opportunity to participate in the hearing,
but nothing contained herein shall limit the power of the presiding
officer to establish reasonable time limits and otherwise limit repetitive
statements or questions.
(4)
The notice of hearing shall:
D.
Borough discretion. The Borough, at its discretion, may reject any
application for a franchise. In awarding a franchise, the Borough
shall allow the applicant's cable system a reasonable period
of time to become capable of providing cable service to all households
in the franchise area; may require adequate assurance that the cable
operator will provide adequate public, educational, and governmental
access channel capacity, facilities, or financial support; and may
require adequate assurance that the cable operator has the financial,
technical, or legal qualifications to provide cable service.
Unless otherwise indicated, when the performance of or doing
of any act, duty matter, payment, or thing is required hereunder and
a period of time or duration for the fulfillment of doing thereof
is prescribed and is fixed herein, the time shall be computed so as
to exclude the first and include the last day of the prescribed or
fixed period of duration time. When the last day of the period falls
on a Saturday, Sunday, or a legal holiday, that day shall not be counted
in the computation.
