Borough of Collingdale, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 1-16-1978 by Ord. No. 494 (Ch. 13, Part 1, of the 1987 Code of Ordinances). Amendments noted where applicable.]

§ A620-1 Franchise.

In consideration of the faithful performance and observance of the terms, conditions and reservations hereinafter specified, the Borough Council of the Borough of Collingdale, hereinafter referred to as "Borough," grants the nonexclusive franchise to the Delaware County Cable Television Company, hereinafter referred to as "Company," to install, construct, own, operate and maintain a community antenna cable television system and to erect, maintain and operate television transmission and distribution facilities, and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Borough of Collingdale, Delaware County, Pennsylvania, for the purpose of transmission and distribution of audio and visual signals and television energy in accordance with the laws and regulations of the United States of America and the Commonwealth of Pennsylvania, appropriate agencies, and the Federal Communications Commission's rules and regulations, and the ordinances and regulations of the Borough of Collingdale now in effect or hereafter enacted. The Company shall observe the following conditions and terms:
A. 
No poles or wires shall be erected, constructed or maintained by the Company along public highways which contain neither aerial telephone nor aerial electric facilities or from which both aerial telephone and aerial electric facilities are hereafter removed. Where all other utilities are underground and/or placed underground, the Company's cable facilities shall be placed underground.
B. 
Where the wires and other aerial facilities of the Company are erected, constructed, maintained or operated along or over public highways which contain an aerial electric or telephone pole line or a joint-use electric and telephone pole line, the wires and other facilities of the Company shall be supported by attachment to such pole line, but nothing in this paragraph shall relieve the Company of the duty of securing the consent of such attachment of the owner of such pole line.
C. 
Poles, ducts and other facilities of the Company shall be so erected, constructed and maintained as not to interfere with the traffic over the public highways. No new poles shall be erected without prior approval of Borough Council, which approval shall not be unreasonably withheld.
D. 
Poles, lines, cables, ducts and other facilities of the Company shall be removed by the Company when no longer used or useful for their intended purpose or whenever required by the Borough in connection with any public improvement or other reasonable cause at Company's expense.
E. 
Any public highways, sidewalks and abutting property disturbed or damaged in the erection, construction, maintenance or operation of the facilities of the Company shall be promptly repaired by the Company to the reasonable satisfaction of the Borough Engineer.

§ A620-2 Commencement of work.

The Company shall substantially complete physical installation of its equipment and facilities within the Borough within five years after receipt of the certificate of compliance from the Federal Communications Commission.

§ A620-3 Term.

[Amended 5-3-1993 by Ord. No. 590A]
A. 
The duration of the rights, privileges and authorities hereby granted shall be 15 years from the date of acceptance of this ordinance by the Company, provided that the Company shall have the option of extending this franchise for an additional period of 10 years upon application by the Company not later than one year prior to the expiration date of the initial fifteen-year franchise, and the option of extending this franchise for an additional period of five years upon application by the Company in writing one year prior to expiration date of the additional ten-year franchise; provided, further, that such a renewal of this franchise is specifically conditioned upon review and approval by the Borough of Collingdale at a public proceeding affording due process of the Company's qualifications and performance, the adequacy of the franchise provisions, and its consistency with the Rules and Regulations of the Federal Communications Commission.
B. 
The nonexclusive franchise granted to the Company pursuant to Ordinance No. 494 shall be extended for an additional period of 10 years, said ten-year period to commence and run retroactively from January 18, 1993, provided the Company submits the written acknowledgement provided for in § A620-4 hereof.

§ A620-4 Acceptance of franchise.

[Amended 5-3-1990 by Ord. No. 590A]
A. 
This franchise is conditioned and contingent upon the Company filing with the Council its unconditional acceptance of this franchise as set forth in this ordinance and the Company's promise to comply with and abide by all the provisions, terms and conditions of this ordinance. Such acceptance and promise shall be in writing duly executed and sworn to by and on behalf of the Company before a notary public or other officer authorized by law to administer oaths and delivered to the Secretary of the Borough within 30 days after passage of this ordinance.
B. 
The continuation of the nonexclusive franchise granted by Ordinance No. 494 for the additional term of 10 years is conditioned and contingent upon the Company filing with the Borough of Collingdale before the final adoption of this ordinance, its unconditional acceptance of the continuation of the franchise as set forth in Ordinance No. 494, and as modified, and the Company's promise to comply with and abide by all the provisions, terms and conditions in Ordinance No. 494, and as modified. Such acceptance and promise shall be in writing and duly executed and sworn to by and on behalf of the Company before a notary public or other officer authorized by law to administer oaths and delivered to the Secretary of the Borough prior to the final adoption of this ordinance by the Borough of Collingdale.

§ A620-5 Liability and indemnification.

A. 
The Company shall indemnify, hold harmless and defend the Borough, its agents, officers, servants and employees from and against any and all costs, expenses (including reasonable counsel fees), liabilities, losses, damages, suits, actions, fines, penalties, claims or demands of any kind asserted by or on behalf of any person or governmental agency or authority arising out of or in any way connected with any of the following, and the Borough, its agents, servants, officers and employees shall not be liable to the Company on account of any of the following:
(1) 
Any failure by the Company to abide by, keep or perform any of the terms, conditions or provisions of this franchise.
(2) 
Any failure by the Company to comply with any statutes, ordinances, regulations or orders of any governmental authority.
(3) 
Any bodily injury (including death) or property damage arising with respect to this franchise.
(4) 
Any act or activity relating to the granting of this franchise to the Company or to the operations conducted thereunder.
B. 
In connection with any suit or other proceeding in which the Borough, its agents, servants, officers and employees shall be made a part, involving this franchise or any act or activity conducted thereunder or relating thereto and which may have any direct effect upon the Borough, its agents, servants and employees, the Company, upon the written request of the Borough, shall come in and defend such suit on behalf of the Borough, its agents, servants and employees and shall bear all of the costs and expenses relating thereto.
C. 
The Company shall maintain throughout the term of this franchise general liability insurance insuring the Borough and the Company with regard to all liabilities and contingencies mentioned in § A620-5A herein in the minimum amounts of:
(1) 
One hundred thousand dollars for bodily injury or death to any one person.
(2) 
Three hundred thousand dollars for personal injury in any one single accident.
(3) 
Ten thousand dollars property damage for any one single accident.
(4) 
One million dollars "umbrella" policy.
D. 
The Company shall maintain throughout the term of this franchise a performance bond in favor of the Borough, with a good and sufficient surety approved by the Borough, in the sum of $20,000, conditioned upon the Company's well and truly performing its several obligations as set forth in this franchise, and providing that, in the event of any failure by the Company to so perform, the Borough may proceed against the surety either to obtain proper performance of such obligations of the Company or to be recompensed for the failure of the Company to render such proper performance.
E. 
The insurance policy and bond obtained by the Company in compliance with this section must be approved by Council, which approval shall not unreasonably be withheld, and such insurance policy and bond shall be filed and maintained with Council during the term of this franchise.
F. 
Neither the provisions of this section, nor any bond accepted by the Borough pursuant thereto, shall be construed as excusing faithful performance by the Company or as otherwise limiting the liability of the Company under this franchise.

§ A620-6 Operation and maintenance of system.

The Company shall render efficient service, make repairs promptly, and interruptions, insofar as possible, shall be preceded by notice and shall occur during minimum use of the system. Upon receipt of a complaint of the quality of service, equipment malfunctions and similar matters, the Company shall promptly investigate such complaints. Where possible, the Company shall investigate such complaints within 24 hours of their receipt. Resolution of such service complaints shall be made promptly. For the purpose of investigation and resolution of regular service complaints, the Company shall maintain an agent or a local business office convenient to the Borough. In addition, the Company shall maintain a toll-free business telephone for the receipt of complaints and requests for repairs or adjustments.

§ A620-7 Special service.

The Company agrees and shall, upon request of the Borough or the institution involved, extend without charge one primary or standard line available to each fire station, police station, public school, private school, parochial school, public library, municipal building and such public auditorium and institutions as are requested by the Borough in the Borough. Such service shall consist of one television outlet within the building (except in the Borough of Collingdale Junior High School and Senior High School, where two such outlets shall be placed) or, in the case of a group of buildings, within the main building of the group, providing service to one television receiver. The Company shall not be required to install additional outlets at its expense but shall, at the request of the Borough, install such additional outlets or other facilities as may be requested, and the Borough or the institution involved shall pay the Company on a time-and-material basis for such additional installation and shall pay the Company in accordance with its schedule of rates as set forth in this ordinance for such additional service.

§ A620-8 Safety requirements.

A. 
In the use and occupation of the surfaces, subsurfaces, space above, below and adjoining the streets, public ways and places of the Borough, the Company's equipment and plant and their construction, operation and maintenance shall be in accordance with the provisions of the following:
(1) 
The National Electrical Code of the National Board of Fire Underwriters.
(2) 
The Standards and Practices Code of the National Community Television Association.
(3) 
Such applicable ordinances, codes, laws and regulations of the Borough of Collingdale, County of Delaware, State of Pennsylvania, and the United States of America, which are now in effect or hereafter enacted.
B. 
The Company's equipment and plant shall be kept and maintained in a safe, suitable and substantial condition and in good order and repair so as not to endanger the lives or interfere unreasonably with the rights of persons, or to cause physical damage to property, or to interfere with improvements the Borough may deem proper, or to hinder or obstruct unnecessarily pedestrian or vehicular traffic on streets, public ways and places.
C. 
Where the Borough or a public utility serving the Borough desires to make use of the poles or other wire-holding structures of the Company, but agreement therefor with the Company cannot be reached, the Council may require the Company to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if it is determined by Council that the use would enhance the public convenience and would not unduly interfere with the Company's operations.
D. 
Company shall, upon not less than 72 hours' advance notice, temporarily raise, lower or relocate its wires and cables to permit the moving of buildings or any other item of bulk, and the expenses incurred by the Company in such raising, lowering or relocation shall be paid, in advance, by the person or concern requesting the same.
E. 
The Company shall, at its own cost and expense, replace, restore or repair any private property, street, sidewalk, alley, public way or paved area destroyed or damaged by the Company or its agents, employees or servants.
F. 
If at any time during the term of this franchise the Borough shall elect to alter or change the grade of any street, sidewalk, alley or other public way, or when required by reason of traffic conditions, public safety, street vibration, freeway and street construction, installation of sewers, drains, water pipes, power lines, signal lines and tracks or any other type of structure or improvements when acting in a governmental or proprietary capacity, the Company, upon reasonable notice by the Borough, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own cost and expense.

§ A620-9 New developments.

It shall be the policy of the Borough to liberally amend this franchise, upon application of the Company, when necessary to enable the Company to take advantage of any developments in the field of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically service its customers; provided, however, that this § A620-9 shall not be construed to require the Borough to make any amendment or to prohibit it from unilaterally changing its policy stated herein.

§ A620-10 Removal or abandonment of property of Company.

A. 
In the event:
(1) 
That the use of any part or all of the CATV system is discontinued for any reason for a continuous period of 12 months; or
(2) 
That such system or property has been installed in any street or public places without complying with the requirements of this franchise, or
(3) 
That the franchise shall have been terminated, canceled or expired for any reason, the Company upon notice shall promptly remove from the streets or public places all such property and poles of such system other than any which the Borough may permit to be abandoned in such place and shall also remove house distribution cables and connections. In the event of such removal, the Company shall promptly restore the street or other areas from which such property has been removed to a condition satisfactory to the Borough.
B. 
Upon termination of service to any subscriber, the Company shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his request.

§ A620-11 Failure to perform street work.

The Company shall abide by all applicable ordinances of the Borough relating to street and sidewalk work and shall make application accompanied by the required fees for permits to perform any and all such work before commencing same. Upon failure of the Company to complete any work required by law or by the provisions of this ordinance to be done in any street within the time prescribed and to the satisfaction of the Borough, the Borough may cause such work to be done, and the Company shall pay to the Borough the cost thereof in the itemized amounts reported by the Borough to the Company within 30 days after receipt of such itemized report, plus 10% of the costs thereof.

§ A620-12 Preferential or discriminatory practices prohibited.

The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage.

§ A620-13 Assignment/transfer of franchise.

A. 
The right given the Company shall not be assignable without the prior written approval of the Borough, which approval shall not be unreasonably withheld.
B. 
Any assignment attempted by the Company in the absence of such consent shall be ineffective, and the right given hereby shall thereby be rendered null and void; provided, however, that the Company may assign this franchise and contract and its rights hereunder without such consent to a subsidiary or affiliated corporation owned, controlled or managed by the Company, but the Company shall remain liable for the performance of its obligations hereunder notwithstanding any such assignment.

§ A620-14 Filing and communications with regulatory agencies.

Copies of all petitions, applications and communications submitted by the Company to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall be made available to the Borough.

§ A620-15 Borough rights in franchise.

A. 
The right is hereby reserved to Council to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power.
B. 
The Borough shall have the right to inspect the books, records, maps, plans and other like materials of the Company at any time during normal business hours.
C. 
The Borough shall have the right, during the term of this franchise, to install and maintain free of charge upon the poles of the Company any wire and pole fixtures necessary for a police alarm system or lighting fixtures on the condition that such wire and pole fixtures do not interfere with the CATV operations of the Company.

§ A620-16 Charges.

[Amended 10-4-1982 by Ord. No. 531]
The Company's charge for installation of a single residential television cable connection shall not exceed $25, and the charge for cable service for a single residential television cable shall not exceed $7.75 per month. The charge for additional installations in the same residence shall not exceed $10 per additional installation. The charge for cable service for such additional connection in the same residence shall not exceed $2 and $2.50 per month per additional connection. There shall be no increase in these rates without the express consent of the Borough. The Company shall have the option to require a deposit for each set commander provided to a subscriber. Each apartment unit within the apartment building shall be considered a separate residential dwelling and charged accordingly. The Borough, hereinafter, may in its sole discretion put into effect any changes in the foregoing charges by way of resolution fully adopted by the Borough Council and spread upon the minutes of the Borough of Collingdale records.

§ A620-17 Fee to Borough.

[Amended 5-3-1990 by Ord. No. 590A]
A. 
For the use of the streets and other facilities of the Borough for the operation of the CATV system and for the municipal supervision thereof, the Company shall pay to the Borough annually during the additional ten-year term hereof that amount of money which is equal to 5% of the gross cable revenue received by the Company from its operation under this franchise. "Gross cable revenue" includes all revenue received by the Company with the exception of revenues derived from advertising or any taxes on services furnished by the Company imposed directly on any subscriber by any state, city or other governmental unit and collected by the Company for such governmental unit.
B. 
The Company shall file with the Borough, within 90 days after the expiration of any fiscal year of the Company during the term of this franchise, a gross cable revenue report, as that term is defined hereinabove, certified by a Company officer, showing in appropriate detail the total gross cable revenue as defined herein of the Company, its successors or assigns during the preceding fiscal year. It shall be the duty of the Company to pay to the Borough of Collingdale within 15 days after the time for filing such statements the specified sum due for the fiscal year covered by such statement. The Tax Collector of the Borough of Collingdale or his authorized agent or other authorized representative of the Borough of Collingdale shall have the authority to examine the books and records of the Company to verify the accuracy of the payments made hereunder.
C. 
The Company is in the process of renewing its franchises in the various municipalities in the County of Delaware. Should any other municipality in the County of Delaware during the franchise renewal process receive a better fee package in any franchising agreement than that set forth in Subsection A above, the Borough of Collingdale shall automatically be entitled to receive and the Company shall be obligated to pay the higher fee upon adoption by the Borough of Collingdale of an ordinance with the higher fee set forth therein.

§ A620-18 Borough's rights of intervention.

The Company agrees not to oppose intervention by the Borough in any suit or proceeding to which the Company is a party and which may have a substantial adverse affect on the Company's operations within the Borough.

§ A620-19 Channels and programs.

The Company shall comply with the present and future rules and regulations of the Federal Communications Commission in connection with and relating to the operation of its system and shall provide a minimum service offering as follows:
A. 
Channel capacity. Company shall construct a system with a minimum channel capacity of 20 television channels and shall maintain a plant having technical capacity for non-voice return communications.
B. 
Signals to be carried. Company shall carry on its system the signals of all stations significantly viewed in the Borough of Collingdale, Delaware County, and the signals of no less than two distant independent commercial stations as well as the signals of such distant educational stations as may be feasible and permitted under the rules and regulations of the Federal Communications Commission.
C. 
Access channels. The Company shall maintain all access channels as required by the Federal Communications Commission. As a minimum, however, unless prohibited by law, the Company shall provide public, governmental and educational channels to the Borough to be shared by others.
D. 
The Company shall not engage in the sale or rental of television or radio receivers, the furnishing of television or radio receiver repair service, or the solicitation or referral to particular persons or classes of persons for such sale, rental or service. The facilities of the Company shall not be constructed or operated so as to necessitate the use of a receiver of a unique type for optimum reception to signals. However, nothing contained herein shall be interpreted to prohibit the use of converters or descramblers on the CATV system.
E. 
Program origination. The Grantee shall conduct program-origination cable casting as required by the Federal Communications Commission.

§ A620-20 Regulatory action.

A. 
The performance by the Company hereunder is subject to the limitations, restrictions or requirements now existing or which may henceforth be imposed by law, rules or orders of the Federal Communications Commission or any other government, board, commission or authority of any kind.
B. 
Should the Federal Communications Commission modify or amend the provisions of Section 76.31 of its rules and regulations, entitled "Franchise Standards," such modifications or amendments shall be incorporated into this franchise within one year of the adoption of the modification or amendment, or at any time of renewal at the expiration of the franchise pursuant to the terms and provisions thereof.

§ A620-21 Right of revocation.

The Borough shall have the right to rescind or revoke the rights herein granted upon any substantial violation by the Company of any of the obligations and requirements contained herein after written notice by the Borough to the Company in continuation of such violation, failure or default.
A. 
Such written notice to the Company shall specify the manner in which the Company is in violation, failure or default with respect to the franchises.
B. 
The notice given by the Borough shall give the Company a specified, reasonable amount of time within which to correct a violation, failure or default, but, in no event, shall the time period be less than 30 days from the date of receipt of the notice to the Company.

§ A620-22 Service interruptions.

The Borough reserves the right to set, with the agreement of the Company, rebates for service interruptions. Said rebate schedule shall be agreed upon by the parties.

§ A620-23 Implementation of ordinance.

The Borough and the executive officers of said Borough and the department and bureaus of the Borough shall issue to the Company in the name of the Borough all permits necessary or convenient to evidence the grant of the franchise herein and to implement the provisions of this ordinance.

§ A620-24 Permits.

Company shall make application to the Borough and pay all fees for any and all street work or other permits as required by Borough ordinances.

§ A620-25 Certification.

The Company shall supply the Borough annually with a letter signed by the President of the Company, certifying compliance with Federal Communication Commission regulations and with this ordinance.