Borough of Mount Oliver, PA Chapter 13 Franchising Authority

[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 3-21-1994 as Ord. No. 784. Amendments noted where applicable.]

§ 13-1 Creation of authority.

From and after the effective date of this chapter, there shall be and is hereby created a Franchising Authority of the Borough of Mount Oliver, which shall hereafter be referred to as the "Franchising Authority." It shall contain such powers and duties as are set forth in this chapter and in the provisions of the Cable Act. In the event that any duties or responsibilities provided for in this chapter conflict with or are contradictory to the provisions of the Cable Act, the provisions of the Cable Act shall prevail.

§ 13-2 Membership and terms.

The Authority shall consist of three (3) members appointed by the Borough Council. Each member shall hold a term of office for three (3) years; provided, however, that the first person appointed to the Authority under the provisions of this chapter shall hold office for a term of three (3) years or until the first Monday of January of the year 1996, at which time the term of office shall terminate; the second person chosen as a member of the Authority under the provisions of this chapter shall hold office for a period of two (2) years or until the first Monday of January of 1993, at which time the appointment shall terminate; the third person appointed to the Authority under the provisions of this chapter shall hold office for a term of one (1) year or until the first Monday of January of 1994, at which time the term of office shall terminate. Thereafter, and as each term of office expires or terminates, new appointees shall be designated and appointments made to the Authority, so that at all times the Authority shall consist of three (3) members. In the event that a vacancy shall occur in the membership of the Authority, the Borough Council may, by motion, appoint a person to fill the remaining term of the office thus vacated. Members of the Authority shall be residents of the Borough of Mount Oliver for a period of at least one (1) year and shall hold no office or employment within the Borough of Mount Oliver; at least one (1) member of the Council of the Borough of Mount Oliver may be a member of the Authority. No person employed in the communications business or employed or associated in any manner with the cable television industry or the television industry shall be eligible for appointment. For these purposes, any employment wherein the employee holds managerial, directive or some other discretionary decisionmaking authority with the aforementioned industries shall be ineligible for appointment.

§ 13-3 Meeting time and place.

The Authority shall meet at such time and place as shall be designated from time to time by the Authority.

§ 13-4 Duties and responsibilities.

A. It shall be the duty and responsibility of the Authority to represent the Borough of Mount Oliver in all matters authorized or empowered under the provisions of the Cable Television Consumer Protection and Competition Act of 1992; the Authority shall review the rates, rate-making processes and other financial aspects of cable communications companies seeking or desiring to operate within the Borough of Mount Oliver, or of those companies presently operating therein. The Authority shall review the factors involved in the rate-making process by cable television companies such as, but not all inclusive, direct costs of providing signals, joint and common cost allocable to basic service tier, advertising revenues, franchise fees and taxes allocable to basic service tier, costs associated with public educational and governmental access and reasonable profit. It shall take such actions as are authorized and empowered to it by the Cable Act.

B. In addition, the Authority shall have the authority to review complaints of subscribers and to object to increases in rates, establish rates and other matters authorized by the Cable Act and delegated to the Franchising Authority. The Franchising Authority may join in with other municipalities' franchising authorities to create a regional, local, governmental unit, provided that approval of the Council of the Borough of Mount Oliver shall first be obtained.

§ 13-5 Allocation of funds by borough.

The Borough Council of the Borough of Mount Oliver shall annually, at its budget-making process and during the same, provide and allocate to the Authority sufficient funds to pursue, enforce and otherwise deal with the Authority and powers granted to it hereunder.