As used in this chapter, the following words, phrases and terms
shall have the following meanings:
ASSOCIATED EQUIPMENT
All equipment in a cable subscriber's home that is used to
receive the basic service, regardless of whether such equipment is
additionally used to receive other tiers of regulated programming
service and/or unregulated service. Such equipment shall include,
but not be limited to:
C.
Connections for additional television receivers; and
BASIC SERVICE
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational, and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video-programming signals as a service added to the basic tier by
the cable operator. (Example: Sammons' "Lifeline.")
BASIC SERVICE RATES
The rate charged by a cable operator for basic service, and
associated equipment costs.
CABLE OPERATOR
Any person or group of persons:
A.
That provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in such
cable system; or
B.
Who otherwise owns, controls or is responsible for, through
any arrangement, the management and operation of a cable system.
CABLE SERVICE
A.
The one-way transmission to subscribers of:
(2)
Other programming service; and
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way;
C.
A facility of a common carrier except to the extent that such
facility is used in the transmission of video programming directly
to subscribers; or
D.
Any facilities of any electric utility used solely for operating
its electric utility systems.
FCC
The Federal Communications Commission.
FEDERAL LAW
The Federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992, and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.
The governing body hereby delegates its ministerial and administrative
duties under this chapter to the Compliance Officer.
In rendering its decisions, the governing body shall have the
full authority granted to it pursuant to the federal law to order
cable operators to take any and all actions as the federal law permits,
including, without limitation:
A. Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law.
B. Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C. Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justified the rate charged
as reasonable. Before ordering such a refund; however, the Borough
of Lemoyne shall give the operator notice, and shall give the operator
15 days from the date such notice is given to submit written comment
to the Borough of Lemoyne. Any such refund order shall be further
subject to limitations contained in the federal law.
In the event that a cable operator does not comply with a decision
made pursuant to this chapter and directed specifically toward the
cable operator, the Borough of Lemoyne may assess a fine against the
cable operator of not less than $50 per violation nor more than $600.
It is the intent of the governing body of the Borough of Lemoyne
that, if a court of competent jurisdiction declares any provision
of this chapter to be invalid or ineffective, in whole or in part,
the effect of such decision shall be limited to those provisions which
are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
All other ordinances of the Borough of Lemoyne are repealed
to the extent inconsistent herewith. All franchise agreements between
the Borough of Lemoyne and cable operators are abrogated to the extent,
and only to the extent, inconsistent herewith, except to the extent
abrogation is not required by the Federal Cable Television Consumer
Protection and Competition Act of 1992 or the regulations promulgated
thereunder.
This chapter shall become effective on the seventh day of April
1994.