[Ord. 2004-11, 11/9/2004, § 1]
This Part shall be known and may be cited as the "Cable Television/Communication
Franchise Ordinance."
[Ord. 2004-11, 11/9/2004, § 2]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words in the masculine gender shall include the feminine gender. The
word "shall" is always mandatory and not merely directory.
Any facility or group of facilities which, in whole or in
part, receives, modifies or originates television. FM radio, phone,
internet or other electrical signals for the purpose of transmitting
or distributing such signals by wire, cable or other means to subscribing
members of the public or to selected customers, as herein contemplated.
Service Electric Cable TV, Inc., 2260 Avenue "A," LVIP 1,
Bethlehem, Pennsylvania 18017, its successors and assigns.
The Township of Williams, Northampton County, Pennsylvania,
acting through its duly constituted Board of Supervisors.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 2004-11, 11/9/2004, § 3]
From and after the enactment of this Part, no cable television
communications system shall be constructed, installed or operated
in the Township unless such construction, installation or operation
shall first have been authorized by ordinance of the Township duly
enacted.
[Ord. 2004-11, 11/9/2004, § 4]
Having determined that the availability of cable television/communication
services would afford significant social, educational and entertainment
benefits to the public in the Township; that a high quality of such
service responsive to the needs and desires of residents of the Township
can best be assured by the granting of a franchise to a qualified
provider; and that company has the legal, character, financial, technical
and other qualifications to construct, erect, own, operate and maintain
the cable television system serving this Township, the Township hereby
grants unto the company the right and privilege to construct, erect,
operate and maintain a cable television/communication system in, under,
over, along, across or upon the public streets, highways, sidewalks,
rights-of-way and places with the boundaries of the Township, to the
extent permitted by law. The Township grants company permission to
attach or other affix or install its cables and other equipment to
and in the facilities of any public utility even though the same may
occupy or cross over or under the public ways and places of the Township;
provided that any requisite permission or consent of such public utility
is obtained by company.
[Ord. 2004-11, 11/9/2004, § 5]
This grant shall be for a period of 15 years from the effective
date of this Part with an option to renew same for an additional 15
years. Exercise of company's option shall be governed by the
procedures, rights and remedies provided in § 626 of the
Communications Act of 1934, 47 U.S.C. § 151 et seq., as
amended by the Cable Communications Policy Act of 1984, P.L. 98-549.
[Ord. 2004-11, 11/9/2004, § 6]
This grant is made upon the express condition that the company,
within 30 days after written notice is given to the company that this
Part has taken effect and becomes operative, shall file with the secretary
or other duly authorized official of the Township a written acceptance
of same. When this Part shall have been accepted by the company, such
part and acceptance shall constitute a contract between the Township
and the company for all the uses, services and purposes set forth
in this Part. Except as may be otherwise provided by state and/or
federal law, order or regulation, the rights and obligations of the
Township and the company shall be those specified herein and shall
not be enlarged, diminished or altered by any unilateral action of
the Township during the term of the franchise or renewal thereof.
The company by its acceptance of the provisions of this Part binds
itself to provide the necessary cable television system and to establish,
operate and maintain the local cable television system contemplated
in this Part, continuing without substantial interruption except or
causes beyond its control until the expiration of the term of this
grant. In the event that said company fails to file said written acceptance
within the time hereinabove specified, this grant shall be of no effect
and void.
[Ord. 2004-11, 11/9/2004, § 7]
Company shall serve all residents of the Township except to
the extent that low household density, averse terrain or other factors
render providing service impracticable or technically or economically
infeasible. Company's cable television system shall not be required
to be installed in, or extend to, areas of the Township where potential
revenues from subscribers to be served therein would produce a return
insufficient to justify economically such installation or extension.
If otherwise practicable and technically feasible:
A.
Service shall be provided at normal installation and monthly service
rates to an individual customer whose point of connection is located
within 150 feet of in-place distribution cable.
B.
Company, at its cost, shall make an extension of its cable system
where the number of existing households per linear mile of cable to
be passed by the extension equals or exceeds the average number of
households passed per linear mile of existing cable plant within the
Township.
C.
In no event shall company be required to make an extension where
the number of existing households to be passed per mile is less than
35. Nor shall company be required to install or extend its cable system
in areas where it cannot obtain necessary rights-of-way over private
property at an economically feasible cost or permission to attach
its facilities to public utility poles or conduits.
[Ord. 2004-11, 11/9/2004, § 8]
The performance by the company hereunder is subject to limitations,
restrictions or requirements now existing or which may henceforth
be imposed by law, rule or order of the Federal Communications Commission
or other government, board, commission or authority. The company shall
not be deemed in default of any of the requirements of this Part to
the extent it acts in compliance with, or refrains from doing anything
prohibited by such law, rule or order.
[Ord. 2004-11, 11/9/2004, § 9]
1.
All transmission and distribution structures, lines and equipment
erected by the company within the Township shall be so located as
to cause minimum feasible interference with the proper use of streets,
alleys and other public ways, roads and places, and to cause minimum
feasible interference with the rights or reasonable convenience of
property owners who adjoin any of the said streets, alleys or other
public ways, roads and places. The company shall obtain any required
permits prior to construction.
2.
In case of any disturbance of pavement, sidewalk, driveway or other
surfacing by company, company shall, at its sole expense and in a
manner approved by the Township, replace and restore the same in as
good condition as before said work was commenced.
[Ord. 2004-11, 11/9/2004, § 10]
Company's construction and maintenance of the transmission
and distribution system shall be in accordance with applicable state
and federal laws or regulations now in effect or later enacted regulating
or affecting company's installation or operation.
[Ord. 2004-11, 11/9/2004, § 11]
The company shall save the Township harmless from all loss sustained
on account of any suit, judgment, execution, claim or demand whatsoever,
resulting solely from the operation of the company in the construction,
operation or maintenance of its system in the Township. The Township
shall notify the company within 10 days after the presentation of
any claim or demand, either by suit or otherwise, made against the
Township on account of any damages or losses as aforesaid resulting
from such operations of the company. Thirty days from the enactment
date of this Part, the company shall furnish satisfactory evidence
in writing that it has in force public liability insurance of not
less than $250,000 for any one person and $500,000 for anyone occurrence,
and property damage insurance of not less than $250,000 duly issued
by an insurance company or insurance companies authorized to do business
in this commonwealth.
[Ord. 2004-11, 11/9/2004, § 12]
1.
No landlord shall demand payment from company for permitting company
to provide cable television service on or within said landlord's
property or premises; provided, however, that such landlord may be
entitled to reasonable reimbursement for any direct expenses incurred
by him in connection with the installation of cable television service,
and to just compensation for any permanent occupation of his property
resulting from the installation of company's facilities therein.
2.
No landlord shall interfere with the installation of cable television
facilities upon his property or premises nor shall such landlord discriminate
in rental charges, or otherwise, between tenants who receive cable
service and those who do not. No landlord shall demand or accept payment
from any tenant, in any form, for permitting cable television service
on or within his property or premises.
3.
As used in this section, the term "landlord" means any individual
or entity owning, controlling, leasing, operating or managing leased
residential premises.
[Ord. 2004-11, 11/9/2004, § 13]
The company shall assume the cost of publication of this Part
as such publication is required by law and shall pay the same upon
demand by the Township.
[Ord. 2004-11, 11/9/2004, § 14]
1.
As compensation for the rights conferred upon it by this Part including
the privilege of engaging in the business of operating a cable television/communication
system in the Township, company shall pay annually to the Township
a fee equal to 5% of gross revenues collected by company from charges
for basic cable television service rendered to subscribers within
the Township. "Gross revenues" shall not include charges for or revenues
from: any taxes billed to and collected from subscribers; optional
cable television services; services other than the transmission and
distribution of television signals; advertising; the leasing of cable
channels; furnishing other communications and non-broadcast television
services either directly or as a carrier for another party; installation
charges and fees for move, reconnections, inspection, repairs or modifications
of any installations; other customer services for which separate charges
are made; or any other income derived by the company.
2.
Payment of such annual fee shall be made not later than April 15
of the year following the calendar year in which the fee accrues.
Such annual fee shall be reduced by the amount of any tax, assessment,
fee or other charge imposed, levied, made or collected by the Township
upon or from company for the privilege of engaging in the business
of operating a cable television system in the Township.
3.
"Basic cable television service" shall mean that tier of cable television
service to which all users must subscribe in order to obtain cable
television service and for which a charge is made.
[Ord. 2004-11, 11/9/2004, § 15]
Upon finding cable service problems, the subscriber shall report
same to the company by communicating with its local business office
or agent. The company shall respond to all service complaints and
correct malfunctions as promptly as possible, and in compliance with
applicable complaint procedures adopt by the company.
[Ord. 2004-11, 11/9/2004, § 16]
1.
Where possible, the company shall commence an investigation of service
complaints within 72 hours of their receipt. Resolution of such service
complaints shall be made promptly.
2.
The company shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use of the system.
Upon receipt of a complaint regarding the quality of service, equipment
malfunctions and similar matters the company shall promptly investigate
such complaints.
[Ord. 2004-11, 11/9/2004, § 17]
The company shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the company to exercise
its rights and perform its obligations under this franchise, and to
assure an uninterrupted service to each and all of its customers.
Provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or of federal
and state laws.
[Ord. 2004-11, 11/9/2004, § 18]
For the purpose of enabling the Township to monitor compliance
with the franchise fee requirements of this Part, the company shall
keep full, true, accurate and current books of account and records
relating to its operations within the Township and relevant to the
franchise fee, for a period of three years, which books and records
shall be made available for inspection and copying by an authorized
representative of the Township at all reasonable times.
[Ord. 2004-12, 11/9/2004, § 1]
1.
In extending lines to new subdivisions and/or land developments within
the Township, each cable operator shall accept from the developer
only those easements which provide non-exclusive rights to operate
a cable system within such subdivision and/or land development. No
such easement shall prevent any other cable operator authorized to
operate within the Township, then or in the future, from using such
easement to extend other and further lines to such subdivision and/or
land development. In each new subdivision and each new land development,
the developer shall, upon notifying public utilities of the opportunity
to serve such subdivision or land development, also notify all cable
operators licensed to operate a cable system in the Township, of the
opportunity to install cable facilities to serve the subdivision or
land development. Each owner of a separate tract of land of record
in such subdivision or land development and all persons within the
Township shall have the right to freely choose any cable operator
permitted in the Township to serve such person with such cable operator's
cable system.
2.
Changes Required by Public Improvements. The cable operator shall,
upon reasonable notice, and at its reasonable expense, temporarily
disconnect, relocate or remove from the street or other public place
any of its property when required by the Township by reason of traffic
conditions, public safety, street vacation, street construction, installation
of sewers, drains, water pipes or any other type of structure or improvements
by public agencies.
3.
Request for Removal or Change. The cable operator shall, on the request
of any person holding a building moving permit, temporarily raise
or lower its wires to permit the moving of said building. The expense
of such temporary removal, raising or lowering of wires shall be paid
by the person requesting the same, and the cable operator shall have
the authority to require such payment in advance. The cable operator
shall be given not less than 15 days advance written notice of any
move contemplated to arrange for temporary wire changes.
