Township of Aleppo, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Aleppo 3-25-1982 by Ord. No. 114. Amendments noted where applicable.]

§ 154-1 Purpose.

The purpose of this chapter is:
A. 
To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of a cable communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the Township, as now or in the future may exist; and
B. 
To provide for payment of a fee and other valuable consideration to the Township for the construction and operation of a cable communications system; and
C. 
To provide for the regulation by the Board of Commissioners of rates to be charged to subscribers for basic service; and
D. 
To provide for the development of the cable communications system and for other public purposes; and
E. 
To provide remedies for the violation of this chapter.

§ 154-2 Definitions; word usage.

A. 
For the purpose of this chapter and any agreement awarding a franchise in accordance herewith, the following terms, phrases, words and their derivations shall have the meanings given herein, unless otherwise specifically provided in this chapter, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the Board:
ADDITIONAL SERVICE
Any communications service other than basic service, provided directly over its cable communications system by the franchisee directly or as a carrier to its parent, subsidiary or affiliated corporations or any other person engaged in communications service, including, but not limited to, burglar alarm, data or other electronic intelligence transmission, facsimile reproduction, meter reading, subscription programming, market surveying and home shopping.
(1) 
Any person directly or indirectly owning, controlling or holding with power to vote 5% or more of the outstanding voting securities of the franchisee;
(2) 
Any person 5% or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote by the franchisee;
(3) 
Any person directly or indirectly controlling, controlled by, or under common control with the franchisee;
(4) 
Any officer, director, partner, copartner or employee of the franchisee;
(5) 
If the franchisee is an investment company, any investment adviser thereof or any member of an advisory board thereof; and
(6) 
If the franchisee is an unincorporated investment company not having a board of directors, the depositor thereof.
BASIC SERVICE
The complement of programming and services distributed by the cable communications system to all subscriber terminals to all locations within the Township for a basic monthly charge and includes:
(1) 
Television broadcast signals required to be carried under federal or local law; and
(2) 
So-called public access programming; and
(3) 
Any other services or programming at the option of the franchisee as set forth in the franchise agreement; provided, however, that subscription programming shall not be considered part of basic service.
BOARD
The Board of Commissioners of the Township of Aleppo.
BOOK VALUE
The original cost of the cable communications system less book depreciation and exclusive of the value of the franchise as certified by a certified public accountant selected by the Board of Commissioners, with the expenses to be jointly shared by the Board and the franchisee.
CABLECASTING
Transmission of programming, exclusive of broadcast signals, to subscribers.
CABLE COMMUNICATIONS SYSTEM
A nonbroadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations. However, such term shall not include:
(1) 
Any such facility that serves fewer than 50 subscribers; or
(2) 
Any such facility that serves or will serve only subscribers in one or more multiple-unit dwellings under common ownership, control or management.
CHANNEL
A frequency band which is capable of carrying a standard broadcast audio-video television signal.
CHANNEL LESSEE
A person leasing a cable channel for the presentation and distribution of video-audio programs or other video-audio communications over a cable channel for a specified fee.
DISCRETE SERVICES
Services available on the cable communications system which may be provided to subscribers on an individual and/or group basis and which may be particular to that subscriber and/or group and not available system-wide. Discrete services are cable communications services which are delivered by means of a technically segregated signal.
DOWNSTREAM CHANNEL
A channel through which an electronic or other signal, originated or converted at the head end or subhead ends, may be transmitted to and received at the location of the subscriber's receiver.
FAIR MARKET VALUE
That price which a seller, dealing at arm's length, ready and willing to sell and not compelled to sell, would accept for the cable communications system when offered by a buyer, ready and willing but not compelled to buy, exclusive of the value of the franchise.
FCC
The Federal Communications Commission or its legally appointed successor.
FRANCHISE
The right granted through a contractual agreement between the Township and a person by which the Township authorizes such person to erect, construct, reconstruct, operate, dismantle, test, use and maintain a cable communications system in the Township. Any franchise awarded by an agreement in accordance herewith shall be a nonexclusive franchise.
FRANCHISEE
The person or its legal successor in interest who executes an agreement in accordance with the provisions of this chapter for the erection, construction, reconstruction, operation, maintenance, dismantling, testing, repair and use of a cable communications system in the Township and who obtains appropriate waivers from the FCC to do the same and who otherwise complies with the requirements of federal law.
FRANCHISEE ORIGINATION
Programming, exclusive of broadcast signals and public access programming, carried on a cable communications system over one or more channels and subject to the exclusive control of the franchisee, including, but not limited to, leased channels.
FRANCHISE FEE
The annual amount equal to 3% of the revenue received by the franchisee from various sources and payable to the Township. The basis for determining such fee, as well as the revenue sources upon which it shall be based, shall be set forth as part of the franchisee's initial proposal and shall be made part of any agreement awarding a franchise. Such fee shall be made payable quarterly as specified herein and shall be subject to change as specified herein.
HEAD END
Electronic equipment, including, inter alia, antennas, preamplifiers, frequency converters, demodulators, modulators and related equipment, used to amplify, filter and/or convert television signals for distribution over the cable communications system's channels, including antenna towers, satellite earth stations and any building housing any of the above equipment.
INCEPTION OF SERVICE
Providing service to a subscriber in any programmable area.
LAW
Any federal or Pennsylvania constitution or statute, local resolution or ordinance, including, but not limited to, those of the Township, and all rules and regulations promulgated pursuant to any of the same, now existing or hereafter adopted or amended, and interpretations of the same by a court of competent jurisdiction.
LEASED CHANNEL
A channel leased by the franchisee to permit the presentation and distribution of video-audio programming or other video-audio communications to subscribers for a specified fee.
PARENT CORPORATION
Any corporation, other than the franchisee, in an unbroken chain of corporations ending with the franchisee if, at the time of the execution of the franchise agreement, each of the corporations other than the franchisee owns stock comprising 50% or more of the total combined voting power of all classes of stock in one of the other corporations in such chain.
PERSON
Includes individual natural persons, firms, partnerships, joint ventures, societies, organizations, clubs, associations, trustees, trusts, corporations, companies or organizations of any kind; or any officers, agents, employees, actors of any kind of person representative of the above, in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. Whenever used in any clause prescribing a remedy, the term "person" as applied to partnerships or associations includes the partners or members thereof, and if applied to corporations, the officers thereof. "Person" shall not include a municipal corporation.
PUBLIC ACCESS
Programming, exclusive of broadcast signals, produced by persons, organizations or institutions other than the franchisee at designated centers or otherwise for cablecast over any designated public access channel.
SINGLE DROP
The connection between the cable communications system and the subscriber's location and receiver therein.
STREET
Any area established for vehicular use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right-of-way, lane, boulevard, concourse, bridge, tunnel, parks, parkways, and overheads.
SUBSCRIBER
A person who receives any signal or service provided or distributed by the cable communications system.
SUBSCRIPTION PROGRAMMING
Programming for which a per-program, per-channel, per-day, per-time-period or other per-unit charge is made.
SUBSIDIARY CORPORATION
Any corporation, other than the franchisee, in an unbroken chain of corporations beginning with the franchisee if, at the time of the execution of the franchise agreement, each of the corporations other than the last corporation in the unbroken chain owns stock comprising 50% or more of the total combined voting power of all classes of stock in one of the other corporations in such chain.
TOWNSHIP
The Township of Aleppo.
UPSTREAM CHANNEL
A channel through which television signals emanating from a subscriber's location and/or the location of any other entity except the main transmitting facility of the franchisee is transmitted via the cable communications system to the system head end or other appropriate point.
USER
A person utilizing a cable communications channel and/or production facilities for purposes of production and/or transmission of electronic or other signals as opposed to receipt thereof as a subscriber.
B. 
The singular includes the plural, and the plural includes the singular. Words used in the past or present tense include the future.
C. 
Unless otherwise provided in this chapter and unless the context or the manifest intent of the Board clearly indicates otherwise, terms, phrases, words and their derivations not defined in this chapter shall have the meanings ascribed to them in the rules and regulations of the FCC or in Subchapter F of Chapter 19 (Rules of Construction) of the Statutory Construction Act of 1972, as amended (1 Pa.C.S.A. § 1991).
D. 
Any word not specifically defined shall be construed according to its common usage, unless the context or the manifest intent of the Board clearly indicates otherwise.

§ 154-3 Delegation of duties.

Whenever a provision appears requiring the Board to do some act, it is to be construed to authorize the Board to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.

§ 154-4 Service of notice.

A. 
All notices required to be given to the Township under any provision of this chapter shall be deemed served:
(1) 
When delivered by hand, in writing, to the Chairman of the Board or to the Township Secretary.
B. 
All notices required to be given to the franchisee under any provision of this chapter shall be deemed served:
(1) 
When delivered by hand, in writing, to the person designated in the agreement awarding a franchise made in accordance herewith; or
(2) 
When regularly mailed to the person so designated.

§ 154-5 No liability or warranty.

This chapter shall not be construed to create or hold the Township responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any permit or license nor the approval or disapproval of any equipment authorized herein nor any agreement executed pursuant hereto constitute any representation, guarantee or warranty of any kind by, nor create any liability upon, the Township or any official, agent or employee thereof.

§ 154-6 Length of franchise.

Any franchise awarded by the Township by an agreement in accordance herewith shall be a nonexclusive franchise for the use of the streets, public ways or public places within the Township for an initial term of 15 years for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a cable communications system.

§ 154-7 Franchise territory.

A. 
Any agreement awarding a franchise to operate a cable communications system in accordance herewith shall apply to its operation throughout the Township's corporate limits as now or in the future may exist.
B. 
The franchisee shall endeavor to offer cable communications service to all residents of the Township. To the extent that the franchisee intends not to provide service to any specific area, street, building or other location, the franchisee shall designate them and clearly indicate in its proposal the technical or other reason for its inability to provide service in the enumerated locations. In such a circumstance, the franchisee may charge a potential subscriber for the extension of cable to said subscriber's residence or property; provided, however, that such residence or property is not less than 500 feet from a street where the franchisee shall otherwise be required to provide cable service under the franchise granted, and further provided that such costs and terms to the potential subscriber shall be uniform with respect to distances and shall be stated in any proposal submitted to enter into an agreement awarding a franchise in accordance herewith.
C. 
The franchisee shall commence operation of its cable communications system within 12 months of the date of the execution of any agreement awarding a franchise in accordance herewith. For purposes of this subsection, operation shall be deemed to have commenced with the retransmission and amplification of television signals on a regular basis to at least 150 residences or other structures.
D. 
Upon a request for service from any person residing in the Township, the franchisee shall, within 60 days of such request, furnish the requested service; provided, however, that the location to be serviced is within the construction guidelines of §§ 154-7, 154-8 and 154-9.
E. 
The Board, at its sole discretion, may extend in writing the time period for the performance of any act required under §§ 154-7, 154-8 and 154-9.

§ 154-8 Construction.

A. 
In the event that the franchisee asserts that any of the occurrences listed in § 154-24D(1) has taken place, the franchisee shall notify the Board within five days of any expected delay in complying with the construction schedule herein. If the Board determines that such events in fact have not occurred, the franchisee's delay shall be deemed to be a violation of this chapter and a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to the provisions of § 154-24D and to all of the remedies prescribed in such agreement as well as all other remedies, both legal and equitable, which are available to the Township.
B. 
Within 12 months of the date of execution of any agreement awarding a franchise in accordance herewith, the franchisee shall offer to install, make operational, and render cable communications services to all residences within the Township in accordance with this chapter and any agreement awarding a franchise in accordance herewith.
C. 
The franchisee shall apply to the FCC for all waivers and otherwise comply fully with FCC regulations and federal law within 60 days of the execution of any agreement awarding a franchise in accordance herewith. The franchisee shall apply for all other permits required to commence construction or operate its cable communications system within 30 days of the receipt of notification by the Board to do so. Failure to apply for such waivers or permits and to comply with federal law within the time specified herein shall be deemed to be a violation of this chapter and a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to the procedure in § 154-24D and to all remedies prescribed in such agreement as well as all other remedies, both legal and equitable, which are available to the Township.

§ 154-9 Installation and extension of service.

A. 
The franchisee may extend cable to new developments and subdivisions and to other areas, including but not limited to blocks or streets, simultaneously with the installation of electric power and telephone utility facilities. In any event, the franchisee shall extend cable into new developments, subdivisions or other areas when the residential density in such areas is the equivalent of a residential density of 40 residences per mile.
B. 
In all cases where new developments and subdivisions are to be constructed and to be served in whole or in part by both underground power and telephone utilities, the owner or developer of such areas shall provide the franchisee the trench, backfill and all necessary substructures for television cables in order that the franchisee may install all necessary electronic cable communications facilities. In no event shall such undergrounding be at any cost or expense to the Township.
C. 
Failure to install cable in accordance with the construction timetable as provided in §§ 154-7 and 154-8, or to extend cable within 90 days of a subscriber's request for service to new developments, subdivisions or other areas in instances controlled by Subsections A and B hereof, shall constitute a violation of this chapter and a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to the provisions of § 154-24D and to all the remedies prescribed in such agreement, as well as all other remedies, both legal and equitable, which are available to the Township. Continued failure to install or extend cable communications service during any subsequent ninety-day period shall constitute a separate violation and breach and shall subject the franchisee to the remedies provided hereinbefore.
D. 
Basic service and such cable communications service as may be provided for in any agreement awarding a franchise in accordance herewith shall be made available to all individual dwellings, residences, including apartment, condominium, cooperative or association buildings, institutions, organizations, businesses and all other entities within the corporate limits of the Township as the same now or in the future may exist, in accordance with the provisions of §§ 154-7C and 154-8B and all laws governing rights of property and privacy.
E. 
Installation or subscriber use of cable communications system service which involves the retransmission of the cable signal to multiple reception points within a structure shall be negotiated separately by the franchisee and the owner of the structure or the subscriber. Service to condominium buildings shall be on such conditions as the governing body of the tenants in common may provide. Neither the franchisee nor the Township shall be responsible or liable for any failure to provide cable communications service to a lessee or condominium owner when the lessor or governing body refuses the installation of such service. The provision of cable communications services to any multiple-dwelling structure shall not be conditioned upon the purchase by the owner, lessor or governing body of such structure of any service of the franchisee or any person designated by it.
F. 
Except for the Township, installation and service fees for the first television set of any subscriber shall be uniform for all entities listed in this section. Installation and service fees for the Township shall be at no cost to the Township.
G. 
Residential installation, including multiple drops, shall be offered as the feeder line passes the dwelling unit.
H. 
All installation other than residential shall be initially confined to a single drop at the port as requested by subscribers and shall occur as the feeder line passes the structure.
I. 
All of the franchisee's cable equipment shall be removed within a reasonable time, such time not to exceed one month, from a subscriber's property at the subscriber's request.
(1) 
Where such removal interferes with the provisions of cable communications services to another subscriber, it shall be the obligation of the subscriber so affected to secure a legal agreement which will enable the franchisee to provide the subscriber the cable communications service the subscriber desires.
(2) 
Where attachment to or use of a nonsubscriber's property is necessary for the provision of cable communications services to a subscriber, it shall be the obligation of such subscribers to secure a legal agreement which will enable the franchisee to provide the subscriber the cable communications service the subscriber desires.
J. 
Nothing in this chapter shall be construed as a representation, promise or guarantee by the Township that any permit or other authorization required under any Township law for the construction or installation of a cable communications system shall be issued.

§ 154-10 Service to customers.

A. 
The cable communications system shall be designed for operation 24 hours per day and shall endure service interruptions only for good cause and for a reasonable time as determined by the Board, such reasonable time not to exceed 48 consecutive hours. Permissible interruptions of service shall be for the shortest possible time.
B. 
The franchisee shall maintain an office readily accessible to residents of the Township, which shall be open to the general public during normal business hours.
C. 
The franchisee shall have a publicly listed telephone number.
(1) 
The franchisee shall employ an operator or maintain a telephone answering device 24 hours per day, each day of the year, to receive subscriber complaints.
(a) 
A log or record shall be kept by the franchisee listing each request for repair received and the disposition thereof.
(b) 
Such log or record shall be available for inspection by the Board or the Board's designated representative upon reasonable notice, but in no case fewer than four times annually.
D. 
The franchisee shall maintain a maintenance and repair service capable of responding to subscriber complaints or requests for repairs within 24 hours after the receipt of the complaint or request.
(1) 
If the franchisee or any of its shareholders owning at least 3% of its stock or any subsidiary, parent or affiliated corporation of the franchisee engages in the business or activity of selling, leasing, repairing, dismantling, or installing television or radio receivers, or accessories for such receivers, cameras, audio or videotape machines, videotapes, microphones, converters, modulators, or other equipment utilized by users or subscribers in the operation of any cable communications system, the franchisee shall not condition cable communications service or the continuation thereof or usage of community communications facilities on a person's purchase of or failure to purchase any of such services or equipment.
E. 
In the event that its service to subscribers is interrupted for 48 or more consecutive hours, except for acts of God, riots or a state of emergency declared by the President of the United States, Governor of the Commonwealth of Pennsylvania or the Board, the franchisee shall grant affected subscribers a pro rata credit or rebate for the full duration of the interruption. In the event that any interruption of subscriber service is prolonged beyond any unreasonable period, such period being not less than 48 hours, the procedure provided in § 154-24D shall be instituted. An unreasonable interruption of subscriber services shall be deemed a violation of this chapter and a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to the provision of § 154-24D and to all of the remedies prescribed in the agreement as well as all other remedies, both legal and equitable, which are available to the Township.
F. 
The franchisee shall not deny or delay service or use of public access facilities or otherwise discriminate against subscribers or users on the basis of age, race, creed, color, sex, national origin or marital status.
(1) 
The franchisee shall strictly adhere to the equal employment opportunity regulations of the FCC and to all federal, state and local laws and executive orders pertaining to discrimination, equal employment opportunity and affirmative action.

§ 154-11 System design.

A. 
Channel capacity.
(1) 
The franchisee shall construct a cable communications system with sufficient bandwidth that, when used in conjunction with an appropriate device at the subscriber's receiver, shall enable the reception of a minimum of 36 downstream video channels.
(2) 
The franchisee shall construct a cable communications system with sufficient bandwidth that, in addition to the downstream capability noted in Subsection A(1) hereof, there shall be a minimum of two upstream channels.
(a) 
All necessary return-path amplifiers and/or amplifier modules shall be installed at such time as programming is available from public or private community entities to make use of this return capability.
[1] 
The system shall have the potential of providing two-way, nonvoice, return communications without having to rebuild the system.
[2] 
Such return-path amplifiers and/or amplifier modules shall be installed within 60 days of a request by the Board by the franchisee at no cost to the Township or any public or private community entity.
B. 
Subscriber service.
(1) 
The franchisee shall carry all broadcast television signals to all subscribers as specified by the FCC or by the Township in the event that the Township has the authority to do so.
(2) 
The cable communications system constructed by the franchisee shall have such public access channels and facilities as may be provided for in any agreement awarding a franchise in accordance herewith.
(3) 
In addition to the capabilities of the cable communications system mandated above, the franchisee shall construct a cable communications system which, when used with an appropriate device at the subscriber's receiver, shall enable only the reception of those local broadcast channels whose carriage is mandated by the FCC and such public access channels as may be specifically provided for in any agreement awarding a franchise in accordance herewith.
C. 
Two-way capability.
(1) 
During the operation of the cable communications system, the franchisee shall strictly observe the privacy and property rights of subscribers.
(a) 
The following restrictions shall apply to the release by the franchisee of information and data:
[1] 
The franchisee shall always indicate the number of its subscribers as a whole number and as a percentage of the potential subscribers in the Township. In no event shall the franchisee release the viewing habits, preferences, or any other information of a particular subscriber without valid authorization.
[2] 
The franchisee shall at all times release both the number and the percentage of subscribers purchasing any service contemplated in this chapter, but not the identity of any subscriber.
[3] 
The franchisee may maintain such records as are necessary to bill subscribers for the purchase of any cable communications service.
[a] 
Neither the franchisee nor any other person shall initiate in any form the discovery of premises without prior valid authorization from the subscriber potentially affected.
[4] 
"Valid authorization" shall mean voluntary written approval and consent obtained from a subscriber to conduct the investigations described in Subsection C(1)(a) hereof, prior to the commencement of such investigation, for a period of time not to exceed one year from the date of such authorization and that shall not have been obtained as a condition of cable communications service or continuation thereof or communications facility usage.
(2) 
Without the authorization described in Subsection C(1)(a) hereof, neither the franchisee nor any other person shall in any manner activate, utilize or otherwise operate any channel from a subscriber's location.
(3) 
Every subscriber shall have the absolute right to deactivate the return path from the subscriber's receiver at the franchisee's sole cost.
(4) 
Violation of any provision of this section shall be considered a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to the provisions of § 154-24D and to all remedies prescribed in such agreement as well as all other legal or equitable remedies available to the Township.
(5) 
Each compilation, publication, tabulation or other dissemination of each piece of information made or permitted to be made in violation of this section shall be considered a separate violation of this chapter.
D. 
Emergency override. The cable communications system shall include an emergency alert capability which shall permit the Board or the Board's designated representative to override the audio on all television channels simultaneously, in accordance with FCC regulations, in the case of public emergencies as determined by the Board.

§ 154-12 Performance and technical standards.

All performance and technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance and dismantling of the cable communications system provided for herein shall be in accordance with all applicable FCC and other federal, state and local laws and regulations.

§ 154-13 Local regulatory framework.

A. 
Reservation of rights. The Board expressly reserves the right to amend this chapter and may do so following full, advertised, public hearings during which amendments hereto shall be discussed, and the franchisee shall have a full and complete opportunity to be heard, providing such amendments do not impair existing contractual rights.
B. 
Board action. The Board shall take no action on any legislation submitted on the recommendation of the Board pertaining to the cable communications system unless it gives 30 days' notice, in the manner provided by law, of its consideration of such legislation and serves a copy of the notice upon the franchisee as provided in § 154-4.
(1) 
The public notice required by this section shall state clearly the action or proposed action to be taken.
(2) 
If a hearing is to be held, such notice shall state the date, time and location of the hearing.
(3) 
The franchisee shall be an interested party to any hearing conducted with regard to its operation and maintenance of a cable communications system.

§ 154-14 Selection of franchisee.

A. 
It shall be unlawful for any person to commence or engage in the business of constructing or operating a cable communications system connected in any manner with the streets, public ways and public places within the Township without having been awarded and having duly executed an agreement awarding a franchise in accordance herewith.
B. 
Any person submitting a proposal to enter into an agreement for the award of a franchise in accordance herewith shall provide all information required by this chapter and such other information as may be solicited. Each proposal shall be responsive to the questions soliciting the information and shall substantially and materially supply all of the information so solicited. The failure, neglect or refusal to provide any of such information shall render a proposal invalid, and it shall be given no consideration.

§ 154-15 Bonds.

A. 
All persons submitting a proposal to enter into an agreement awarding a franchise in accordance herewith shall file with their proposals bonds solely for the protection of the Township with a surety company or trust company or companies as surety or sureties as follows:
(1) 
A bid bond in the amount of $500, which shall indemnify the Township up to the full amount of such bond from any damages or losses arising out of the failure of the person selected to be the franchisee to execute an agreement in the form proposed; and
(2) 
A construction bond in the amount of $150,000, to be effective from the date of execution of the franchise agreement and thereafter until the Board has certified that the construction required under § 154-8B has been completed.
B. 
The bond required under Subsection A(2) hereof shall indemnify the Township in its own right and as trustee, cy pres, for subscribers up to the full amount of such bond from any damages or losses arising out of the failure of the person selected to be the franchisee to faithfully perform and satisfactorily complete construction of the cable communications system in accordance with this chapter and such agreement, including, but not limited to, the cost of removal of any construction of such person.
C. 
None of the provisions of this section nor any bond accepted by the Township pursuant hereto, nor any damages recovered by the Township thereunder, shall be construed to excuse the faithful performance by or limit the liability of the franchisee under this chapter or any agreement awarding a franchise in accordance herewith or for damages either to the full amount of such bond or otherwise.

§ 154-16 Consideration supporting award of franchise.

A. 
It shall be a term and condition of any agreement awarding a franchise in accordance herewith that as a part of the consideration supporting the award of such franchise and the Township's permission thereby to use the streets of the Township, that the franchisee shall pay each year to the Township a fee, which initially under such agreement shall be in the amount not less than 3% of various revenues which shall be specified in any proposal submitted to enter into an agreement awarding a franchise in accordance herewith, and such further consideration as the franchisee may offer in its proposal, including, but not limited to, public access services and facilities or extensions thereof, and as may be provided for in such agreement. From and after the 9th anniversary of the execution of the agreement, such fee shall increase to an amount not less than 5% of various revenues which shall be specified as noted hereinbefore; provided, however, that such amount is allowable under federal and state law, and such further consideration as the franchisee may offer in its proposal, including, but not limited to, public access services and facilities or extensions thereof. In no event, however, shall the franchise fee for any year of the term of any agreement made in accordance herewith be less than the base amount established therein.
B. 
As additional consideration, the franchisee shall provide without charge for the entire term hereof, a single drop and basic service to any building designated by the Board used by the Township for a public purpose. In addition, the franchisee shall provide a return path feed line from the Township Municipal Building into the cable communications system.
C. 
The annual fee provided for in Subsection A hereof shall be assessed quarterly for the preceding quarter, as of March 31, June 30, September 30 and December 31 of each year.
(1) 
Each quarterly payment shall be payable and reportable no less than 45 days after the relevant assessment date.
(2) 
Each payment shall be accompanied by a report from the franchisee in a form approved by the Board showing the basis for the computation and such other relevant data as may be required by the Board.
(3) 
Each of such reports shall contain a notarized verification by the Chief Financial Officer of the franchisee, and such reports shall be verified annually, within 90 days of the close of business on the last day of the calendar year, by a certified public accountant.
(4) 
The Township has the right to inspect any and all records held by the franchisee pertaining and relevant to the computation of said annual fee.
(a) 
All fee payments shall be subject to audit by the Board and assessment or refund if the payment is found to be in error.
(b) 
In the event such audit results in an assessment by and an additional payment to the Township, such additional payment shall be subject to interest at the rate of the most recently published consumer price index rate published prior to said audit.
(5) 
Failure to comply strictly with this section shall be deemed to be a violation of this chapter and a material breach of the agreement awarding a franchise in accordance herewith and shall subject the franchisee to the provisions of § 154-24D and to all remedies prescribed in the agreement as well as all other remedies, both legal and equitable, which are available to the Township.
D. 
The acceptance of any payment required hereunder by the Township shall not be construed as an acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the Township may have for additional sums due and payable.
E. 
Nothing in this chapter shall be construed to limit the liability of the franchisee for all applicable federal, state and local taxes, including, inter alia, applicable local amusement taxes.

§ 154-17 Obscenity.

A. 
The franchisee and all other persons using or making use of the cable communications system shall comply in all respects with all federal and state laws regarding obscenity.
B. 
Violation of this section by the franchisee shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies provided therein as well as all other remedies, both legal and equitable, available to the Township.

§ 154-18 Indemnity and insurance.

A. 
The Township shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever arising from the use, operation or condition of the franchisee's cable communications system.
B. 
The franchisee shall indemnify, save and hold harmless and defend the Township from all liens; charges; claims, including but not limited to libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to legal fees and court costs; judgments; injuries; liabilities; or damages, in law or equity, of any and every kind and nature whatsoever, whether caused by or arising out of any act of omission or commission, or any negligence of the Township, its officers, servants, agents, employees or contractors, or otherwise, arising out of or in any way connected with the installation, operation, maintenance or condition of the franchisee's cable communications system.
C. 
The franchisee shall obtain and keep in force and effect during the entire term of any agreement awarding a franchise in accordance herewith, or any extension thereof, insurance coverage in a minimum amount of $1,000,000, insuring the above indemnification requirements for the benefit of the Township. The franchisee shall deliver to the Township on the date of execution of any agreement awarding a franchise in accordance herewith a policy of insurance duly executed by the officers or authorized representatives of a responsible and nonassessable insurance company, evidencing this coverage for the benefit of the Township, which policy of insurance shall be noncancelable and provide for at least 90 days' prior written notice to the Township of the insurer's intention not to renew such policy, or to cancel, replace or materially alter or change the same, such notice to be given as provided in § 154-4.
D. 
The franchisee shall obtain, effective from the date of execution of any agreement awarding a franchise in accordance herewith, and shall keep in force and effect during the entire term of such agreement or any extension thereof a policy of comprehensive general liability insurance, duly executed by the officers or authorized representatives of a responsible and nonassessable insurance company, evidencing the following minimum coverages for the benefit of the Township as an additional insured, which insurance shall be noncancelable except upon 90 days' prior written notice to the Township, such notice to be given in accordance with § 154-4:
Minimum Limits
Bodily injury, including death:
$1,000,000 each occurrence
$1,000,000 aggregate
Property damage:
$500,000 each occurrence
$500,000 aggregate
(1) 
A copy of each such policy shall be delivered to the Township upon the execution of such agreement.
(2) 
At least 90 days' prior written notice shall be given to the Township of the insurer's intention not to renew such policy, or not to replace the same, or materially to alter or change the same, such notice to be given in accordance with § 154-4. All premiums on such policy shall be at the expense of the franchisee. None of the provisions of this chapter or of any insurance policy required by the Township hereunder, nor the receipt of any proceeds recovered by the Township under any such policy, nor any term or condition of any agreement awarding a franchise in accordance herewith, shall be construed to excuse the franchisee from the faithful performance of its obligation or limit its liability under any of the provisions of this chapter or of any agreement awarding a franchise in accordance herewith.
E. 
The franchisee shall obtain, effective from the date of execution of any agreement awarding a franchise in accordance herewith, and shall keep in force and effect during the entire term of such agreement or any extension thereof, physical damage insurance covering losses arising in respect of the following realty and personalty incident to the franchisee's cable communications system: all buildings, offices, studios or other realty and the equipment contained therein; the head end and subhead ends; the transmission tower; all earth stations; and all vehicles. No physical damage insurance shall be required for trunk, distribution, feeder or associated drop lines; converters or amplifiers. The amount of such physical damage insurance shall not be less than the replacement value of the property required to be covered herein, subject to a deductible established in the franchise agreement. Each policy of physical damage insurance shall name the Township as an additional insured, as its interest may appear. For purposes of this section, "physical damage insurance" means insurance covering loss arising from fire, lightning, windstorm, hail, snow, explosion, riot and civil commotion, smoke and such other perils as are customarily covered by extended coverage insurance, including vandalism and malicious mischief. The policy of insurance required under this subsection shall be noncancelable except upon 90 days' prior written notice to the Township, such notice to be given in accordance with § 154-4. At least 90 days' prior written notice shall be given to the Township of the insurer's intention not to renew such policy or not to replace or materially to alter or change the same, such notice to be given in accordance with § 154-4.
F. 
With respect to each policy of insurance required to be obtained and kept in force by the franchisee and described in this section, the franchisee shall be solely responsible for the payment of premiums due for the insurance thereunder. The franchisee shall furnish written proof of the payment of such premiums to the Township on or before the due date.
G. 
No policy of insurance required under the provisions of this section shall be replaced, renewed, canceled or materially changed or altered in any way except as specified herein, which would violate the provisions of this section or which would materially affect the protection such policies afford the Township.
(1) 
The unauthorized cancellation, replacement, renewal or material change of any policy of insurance required under this section shall subject the franchisee to the provisions of § 154-24D and shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies prescribed therein and to all other remedies, legal or equitable, which are available to the Township.

§ 154-19 Rates.

A. 
The Board expressly reserves the right to approve the rates which the franchisee charges its subscribers for basic service and the rates for such additional services as the Board may hereafter be permitted to regulate by law. The franchisee shall not deny, delay, interrupt or terminate cable communications services or the use of public access facilities to subscribers or users because the Board denies a request for a rate increase; provided, however, that nothing herein shall be construed to limit the franchisee's right to seek judicial review of such action.
B. 
No rate, fee or charge of any kind shall be charged or collected from subscribers by the franchisee for basic service or other regulated services without the written authorization of the Board. Violation of this section shall subject the franchisee to the provisions of § 154-24D and shall be deemed to be a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies prescribed therein and to all other remedies, legal and equitable, which are available to the Township.
C. 
The franchisee may request rate increases or decreases at any time in accordance herewith; provided, however, that the initial rates to be charged and collected from subscribers for basic service shall be established in the agreement awarding a franchise in accordance herewith and shall remain in force for a minimum of 15 months from and after the date of execution of the agreement or upon certification from the Board, provided that initial construction of the system has been completed.
D. 
The franchisee shall file with the Township on December 31 of each year a full schedule of all subscriber and user rates and all other charges, including, but not limited to, pay TV, lease channel and discrete services, made in connection with the cable communications system.
(1) 
All rates shall be published and on file in the office of the Township.
(2) 
The franchisee shall not discriminate in the assessment, levy, charge, imposition or collection of rates on the basis of age, race, creed, color, religion, national origin, sex or marital status.
E. 
Nothing in this chapter shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers or users.
F. 
The franchisee shall neither impose nor collect any additional charge for the disconnection of any installation or outlet.
G. 
In the event that a subscriber fails to pay a properly due and owing fee or charge, the franchisee may disconnect the subscriber's service outlet, upon giving 10 days' written notice thereof.
H. 
The franchisee shall establish and conform to the following policy regarding refunds to subscribers and users:
(1) 
If the franchisee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the franchisee shall provide such service or equipment within 30 days of the collection of the deposit or charge or it shall refund such deposit or charge within five days thereafter.
(a) 
Nothing in this chapter shall be construed to relieve the franchisee of any responsibility to subscribers or users under any contractual agreements into which it enters with them.
(b) 
Nothing in this section shall be construed as limiting the franchisee's liability for fines or remedies which may be imposed under this chapter or any agreement awarded in accordance herewith for the violation or breach of any of their provisions.
(c) 
Nothing in this section shall be construed to limit the franchisee's liability for damages because of its failure to provide the service for which the deposit or charge was made.
(2) 
In the event that a subscriber terminates basic service during the first 12 months of service because of the failure of the franchisee to render the service in accordance with the requirements set forth in this chapter or in any agreement awarded in accordance herewith, as determined by the Board, the franchisee shall refund to such subscriber an amount equal to the initial applicable installation or reconnection charge paid by the subscriber.
(a) 
In the event that such subscriber has made an advance payment, the amount so advanced shall be refunded to such subscriber by the franchisee. Nothing in this provision shall be construed to relieve the franchisee of any liability established under any other provision of this chapter or any agreement awarding a franchise in accordance herewith.
(3) 
In the event that a subscriber terminates basic service prior to the end of a prepaid period, the pro rata portion of any prepaid subscriber fee which represents payment for services which are no longer to be rendered shall be refunded promptly, but in no case more than 30 days after receipt of the request for termination.
I. 
The franchisee shall not charge a converter security deposit greater than such converter's actual cost to the franchisee.
(1) 
Any converter security deposit collected by the franchisee shall be returned to the subscriber 24 months after the installation of such converter or upon termination of service by the subscriber and return of such converter undamaged, with allowance for reasonable wear and tear, and payment of any outstanding balance due and payable, whichever occurs first.

§ 154-20 Police powers of Township.

Nothing in this chapter or in any agreement awarding a franchise in accordance herewith shall be construed as an abrogation by the Township of any of its police powers.

§ 154-21 Use of streets and pole attachments.

A. 
Before commencing construction of its cable communications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the Township, including but not limited to the opening or disturbance of any street, sidewalk, public way or other public place, or erecting any new poles or underground conduct, the franchisee shall first notify the Township.
(1) 
The franchisee shall give the Township written notice of proposed construction no less than 10 days before commencement of such construction.
B. 
Any person who submits a proposal to enter into an agreement for the award of a franchise in accordance herewith shall include therein proposed agreements for the use of utility poles with all utility companies whose poles shall be used in or affected by the construction of the proposed cable communications system, which agreements shall become effective on the date of execution of the agreement awarding a franchise in accordance herewith in the event that such person is selected to be the franchisee.
C. 
Violation of this section shall subject the franchisee to the provisions of § 154-24D and shall be deemed a material breach of the agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies prescribed therein and to all other remedies, legal or equitable, which are available to the Township.
(1) 
The franchisee shall restore any street it has disturbed and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner.
D. 
The franchisee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the Township because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, Township-owned power or signal lines, tracks; vacation or relocation of streets or any other type of structure or improvement of a public agency; or any other type of improvement necessary for the public health, safety or welfare.
E. 
The franchisee shall keep accurate, complete and current maps and records of its system and facilities and shall furnish as soon as they are available two complete copies of such maps and records to the Township and/or the Township's engineers.
(1) 
Such maps and records shall be available for inspection by the public during normal business hours of the Township.
F. 
The franchisee shall not place, or cause to be placed, poles or other equipment in such a manner as to interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone utilities fixtures or property, nor shall the franchisee place, or cause to be placed, such poles or equipment in the right-of-way between the cartway and the right-of-way boundary, except with the written approval of the Township.
G. 
The franchisee shall comply with all FCC rules and regulations governing the construction and installation of cable communications systems. In addition:
(1) 
All cables and wires shall be installed parallel with existing telephone and electric utility wires whenever possible;
(2) 
Multiple configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and
(3) 
All installations shall be underground in those areas of the Township where both telephone and electric utilities' facilities are underground at the time of the installation of the franchisee's cable communications system.
(a) 
In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the franchisee's cable communications system, the franchisee may install its service above ground only upon the condition, which shall be included in any agreement awarding a franchise in accordance herewith, that at such time as those facilities are placed underground by the telephone and electric utility companies or are required to be placed underground by the Township, the franchisee shall likewise place its facilities underground at its sole cost and expense.
H. 
The Township shall notify the franchisee of street improvement where paving, regrading, grading or resurfacing of a permanent nature is involved.
(1) 
Such notice shall describe the nature and character of the improvements, the streets upon which they shall be made, the extent of the improvements and the work schedule for the project.
(2) 
The Township shall allow the franchisee to make additions, alterations or repairs to its facilities in advance of the Township commencement of such improvements so as to permit the franchisee to maintain continuity of service and so as not to hinder or in any way delay the Township's work.
I. 
The franchisee shall, at the request of any person holding a permit to move a building, temporarily raise or lower its wires to permit the moving of such building; all such temporary modifications shall be at the cost and expense of the person requesting same, and the franchisee shall have the authority to request payment for same in advance.
(1) 
Any person making such a request from the franchisee shall give not less than five days' notice of the contemplated move.
(2) 
The franchisee shall restore any wires moved in accordance herewith to their former position as soon as possible after the building is moved.
J. 
The franchisee may trim trees or other vegetation owned by the Township to prevent their branches or leaves from touching or otherwise interfering with its wires, cables or other structures.
(1) 
All trimming or pruning shall be at the expense of the franchisee.
(2) 
The franchisee may contract for such trimming or pruning services with any persons approved by the Township prior to the rendering of such services.
(a) 
Any person engaged by the franchisee to provide tree trimming or pruning services shall be deemed for the purposes of this chapter and any agreement made in accordance herewith to be an employee of the franchisee when engaged in such activity.
K. 
The franchisee shall obtain the written permission of the owner of any privately owned tree or other vegetation before it trims or prunes the same.

§ 154-22 Transfers and assignments.

A. 
The franchisee shall not transfer or assign its interest in any agreement awarding a franchise in accordance herewith or in its cable communications system before completion of the construction of its cable communications system without the prior written authorization of the Board, such authorization not to be unreasonably withheld. For purposes of this section, a merger or consolidation shall be deemed a transfer or assignment.
B. 
During the term of any agreement awarding a franchise in accordance herewith, the franchisee shall not sell, transfer, exchange or release, or permit the sale, transfer, exchange or release of more than a controlling interest of the ownership of its cable communications system to a person (hereinafter "proposed transferee") without the prior written authorization of the Board; such authorization shall not be unreasonably withheld.
(1) 
In seeking such prior written authorization required under Subsections A and B hereof, the franchisee shall have the responsibility:
(a) 
To show to the satisfaction of the Township whether the proposed transferee, which, in the case of a corporation, shall include all officers, directors, employees and all persons having a legal or equitable interest in 5% or more of its voting stock, or any of the proposed transferee's principals:
[1] 
Has ever been convicted of a crime involving moral turpitude, including, but not limited to, criminal fraud, or is presently under an indictment charging such a crime; or
[2] 
Has ever had a judgment in an action for fraud, deceit or misrepresentation entered against it, her, him or them by any court of competent jurisdiction.
(b) 
To disclose to the satisfaction of the Township whether the proposed transferee, which, in the case of a corporation, shall include all officers, directors, employees and all persons having a legal or equitable interest in 5% or more of its voting stock, or any of the proposed transferee's principals has existing any legal claims and/or lawsuits, and the status thereof, arising out of or involving a cable communications system.
(c) 
To establish to the satisfaction of the Township the financial solvency of the proposed transferee by submitting all current financial data for the proposed transferee which the franchisee was required to submit in its proposal for the agreement awarding a franchise in accordance herewith.
(d) 
To establish to the satisfaction of the Township that the financial standing of the proposed transferee is such that the proposed transferee shall be able to maintain and operate the cable communications system for the remaining term of the agreement awarding the franchise.
C. 
Any proposed transferee shall execute an agreement in the form and containing the conditions approved by the Township Solicitor that it will assume and be bound by all of the provisions, terms, and conditions of this chapter and any agreement awarding a franchise in accordance herewith and all applicable federal, state and local laws and, further, that it shall be primarily liable and obligated under such documents without, however, relieving the franchisee from its obligations to the Township under such documents.
D. 
No transfer under Subsection B hereof shall be made within 13 months of the termination date of the term of the franchise agreement.
E. 
Nothing in any approval by the Board of an authorization of any transfer or assignment of any ownership interest pursuant to Subsections A and B hereof shall be construed to waive or release any rights of the Township in and to the streets, public ways and public places of the Township or as a release of any of the Township's police powers.
F. 
The occurrence of an unauthorized transfer or assignment may, at the option of the Township, terminate the agreement and accelerate all of the obligations and rights thereunder.

§ 154-23 Reports.

A. 
On or before March 31 of each year during the term of any agreement awarding a franchise in accordance herewith, the franchisee shall submit a written report to the Township, in a form approved by the Township, including, but not limited to, the following information:
(1) 
A summary of the previous year's or, in the case of the initial reporting year, the initial year's activities in development of the cable communications system, including, but not limited to, services begun or discontinued, total number of subscribers, subscribers added or discontinued during the reporting year, and user participation of the franchise.
(2) 
Such financial statements as may be required by law and federal regulations and such public documents as the Board may, from time to time, request.
(3) 
An estimate of projected income from all sources included in the calculation for franchisee fee payments for the next two years.
(4) 
A summary of service-related complaints, identifying the number and nature of such complaints and their disposition.
(5) 
A list of officers and members of the Board of Directors of the franchisee, and its parent, subsidiary or affiliated corporations, if any.
(6) 
Such other information or reports as the Board may reasonably request necessary for the Township to regulate the cable system.
B. 
All reports required under this section shall be available for public inspection in the Township offices during normal business hours.
C. 
It shall be unlawful for the franchisee to refuse, fail or neglect to file the reports required under this section. The refusal, failure or neglect of the franchisee to file any of the reports required under this section or as the Board may direct shall be deemed a violation of this chapter and shall subject the franchisee to the provisions of § 154-24D and shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies prescribed therein and to all other remedies, legal or equitable, which are available to the Township.
D. 
Any material misrepresentation made knowingly by the franchisee in any report required under this section shall subject the franchisee to the provisions of § 154-24D and shall be deemed a material breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies prescribed therein and to all other remedies, legal or equitable, which are available to the Township.

§ 154-24 Review, renewal, termination and cancellation.

A. 
To provide for technological changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable communications system and to achieve a continuing, advanced, modern system for the Township, the Township and the franchisee shall comply with the following review provisions:
(1) 
The Board shall hold a scheduled review session within 30 days of the first anniversary date of the execution of the franchise agreement. Subsequent review sessions shall be scheduled by the Board at two-year intervals thereafter. All such review sessions shall be open to the public, and notice shall be given by advertisement in a newspaper of general circulation at least one week before each session. In addition, the franchisee shall announce the date and time of each such session on each of at least five days immediately preceding each session at a minimum of six regularly scheduled intervals daily.
(2) 
A special review session may be held for the duration of the franchise at any time following the first anniversary date of the execution of the franchise agreement, at the option of the Board or the franchisee. All such review sessions shall be open to the public and shall be advertised as provided in Subsection A(1) hereof.
(3) 
Topics for discussion and review at both the regular and special review sessions shall include, but shall not be limited to, the following:
(a) 
Service, rate structure, free services, application of new technologies, system performance, service provided, programming, subscriber complaints, user complaints, rights of privacy, amendments to this chapter, undergrounding process and developments in the law.
(4) 
Any topic proposed for discussion at any regular or special review session by a resident of the Township and supported by a petition bearing the signature of 10 Township residents shall be included in the list of topics for discussion.
B. 
The procedure for considering the renewal or termination of any agreement awarding a franchise in accordance herewith shall be as follows:
(1) 
Thirteen months prior to the expiration of the term of any agreement awarding a franchise in accordance herewith:
(a) 
The Township Solicitor shall review the provisions of this chapter and shall make recommendations, if any, to the Board for its amendment.
(b) 
The Board shall proceed to determine whether the franchisee has performed its obligations under this chapter and the agreement awarding a franchise in accordance herewith. In making this determination, the Board shall consider several factors, including, but not limited to, the following:
[1] 
Technical development and performance of the franchisee's cable communications system;
[2] 
Programming;
[3] 
Additional services offered by the franchisee;
[4] 
Cost of service;
[5] 
All obligations of the franchisee as prescribed by this chapter or the agreement awarding a franchise in accordance herewith, including but not limited to programming, equipment and personnel available to users for all forms of public access;
[6] 
Cable industry performance nationwide;
[7] 
Comments from residents and representatives of community organizations submitted in a manner to be determined by the Township Solicitor.
(c) 
The Township Solicitor shall make recommendations to the Board as to the franchisee's eligibility for renewal of the agreement awarding the franchise in accordance herewith in no less than four nor more than 10 months from the date of the Board's first consideration of such renewal as provided in Subsection B(1) hereof.
[1] 
The Township Solicitor, in the recommendations, shall address the following matters:
[a] 
Renewal of the agreement awarding a franchise in accordance herewith;
[b] 
Changes to the agreement; and
[c] 
Amendments to this chapter.
C. 
After review of the Township Solicitor's recommendations, and after holding a public hearing on the same, the Board shall take such action as it deems appropriate, which may include any of the following:
(1) 
The Board may renew the agreement awarding a franchise in accordance herewith upon such conditions as it may direct; or
(2) 
The Board may authorize the franchisee to transfer the cable communications system in accordance with § 154-22; or
(3) 
The Board may direct the franchisee to dismantle its cable communications system; or
(4) 
The Board may authorize the Township Solicitor to solicit proposals for and execute a new agreement awarding a franchise in accordance with this chapter and any amendments hereto; or
(5) 
The Board may determine not to authorize the award of any further franchise.
(a) 
If the franchisee determines not to renew the agreement awarding a franchise in accordance herewith, the Board shall proceed to follow one of the courses of action under Subsection C(2), (3), (4) or (5) hereof.
D. 
Termination.
(1) 
The Board may terminate any agreement awarding a franchise in accordance herewith in the event of the violation of any provision hereof or of any rule or regulation promulgated pursuant hereto or of any federal, state or local law as adjudicated by a court of competent jurisdiction or the breach or other failure, refusal or neglect by the franchisee to perform its obligations under the terms and conditions of any agreement awarding a franchise in accordance herewith, except when such violation, breach, failure, refusal or neglect is caused by the following:
(a) 
Acts of God; or
(b) 
Riots; or
(c) 
Emergencies declared by the President of the United States of America, the Governor of the Commonwealth of Pennsylvania or the Board.
(2) 
In the event that a court of competent jurisdiction determines that the franchisee has violated any provision of this chapter, any rule or regulation promulgated pursuant hereto, any federal, state or local law, or any term of an agreement awarding a franchise, except as noted in Subsection D(1) hereof, the Board may make a written demand on the franchisee that it comply with the law or such agreement. If the violation, breach, failure, refusal or neglect is not remedied to the satisfaction of the Board within 30 days following such demand, the Board shall determine whether or not such violation, breach, failure, refusal or neglect by the franchisee was excusable or inexcusable as provided in Subsection D(1) hereof.
(a) 
If the Board determines such violation, breach, failure, refusal or neglect by the franchisee was excusable as provided in Subsection D(1) hereof, the Board shall direct the franchisee to correct or remedy the same within such additional time as the Board may direct.
(b) 
If the Board determines such violation, breach, failure, refusal or neglect by the franchisee was inexcusable as provided in Subsection D(1) hereof, then the Board may declare the agreement awarding a franchise in accordance herewith breached or terminated and may pursue any and all remedies available to the Township.
[1] 
Termination of any agreement awarding a franchise in accordance with the provisions of this chapter shall in no way limit the rights of the Township under such agreement or any other remedies, legal or equitable, available to the Township.
(3) 
If the Board declares the agreement is breached pursuant to Subsection D(1) hereof, the Board may pursue any remedies available to the Township pursuant to the agreement or any other remedy, legal or equitable, available to the Township.
E. 
In the event that the franchisee dismantles or terminates the cable communications system or is required by any provision of this chapter to dismantle or terminate the cable communications system, the franchisee shall, at the Board's direction, restore any property, public or private, to the condition in which it existed prior to the erection or construction of the system, including any improvements made to such property subsequent to the construction of the system. Restoration of Township property, including, but not limited to, streets, shall be in accordance with the directions and specifications of the Township and all applicable laws. The franchisee, at the option and direction of the Board, shall restore the same at its expense.

§ 154-25 Miscellaneous regulations.

A. 
This chapter shall be made to conform in style to any codification of Township ordinances hereinafter adopted by the Board.
B. 
Interconnection. Any connection whatsoever of the franchisee's cable communications system with any other kind of system, including, but not limited to, a cable communications system, shall not relieve the franchisee of any of its obligations under this chapter or any agreement awarding a franchise in accordance herewith.
C. 
This chapter and any agreement made in accordance herewith shall in all respects be governed by the laws of the Commonwealth of Pennsylvania.
D. 
The Township shall have the authority to reject any and all proposals for any agreement awarding a franchise in accordance herewith.
(1) 
This chapter in no way shall limit the power of the Township to own, erect, construct, reconstruct, install, operate, maintain, dismantle, test or repair a cable communications system in the Township.
E. 
The franchisee shall comply with all federal, state and local laws.
F. 
It shall be unlawful for any person to make or use any unauthorized connection, whether physically, electrically, or in any other manner, with any part of a cable communications system operated by a franchisee under any agreement in accordance herewith for the purpose of enabling anyone to receive or use any signal or service without payment to the franchisee.

§ 154-26 Remedies.

A. 
When this chapter provides alternative remedies, they shall be cumulative, and the imposition of one remedy shall not prevent the Township from invoking any other remedy provided for.
B. 
In addition to any remedy provided or imposed, any condition caused or permitted to exist in violation of any provision of this chapter shall be deemed to be a public nuisance and may be abated by the Township as provided in law or equity. Each day such condition continues shall constitute a separate and distinct offense.