A.
A person may apply for an initial franchise by submitting a request for issuance of a request for proposals ("RFP") and requesting an evaluation of that proposal pursuant to Subsection C. Upon receipt of a request for an RFP, the Township shall commence a proceeding to identify the future cable-related needs and interests of the community and, upon completion of that proceeding, shall promptly issue an RFP and proposed franchise agreement, which shall be mailed to the person requesting its issuance and made available to any other interested party. The applicant shall respond within the time directed by the Township, providing the information and material set forth in Subsection C. The procedures, instructions, and requirements set forth in the RFP shall be followed by each applicant as if set forth and required herein. The Township Manager, or his designee, shall be authorized to seek additional information from any applicant and to establish deadlines for the submission of that information.
C.
An RFP for the grant of an initial franchise shall require,
and an unsolicited proposal shall contain, at minimum, the following information:
(1)
Name and address of the applicant and identification
of the ownership and control of the applicant, including the names and addresses
of the 10 largest holders of an ownership interest in the applicant and affiliates
of the applicant, and all persons with 5% or more ownership interest in the
applicant and its affiliates; the persons who control the applicant and its
affiliates; all officers and directors of the applicant and its affiliates;
and any other business affiliation and cable system ownership interest of
each named person.
(2)
A demonstration of the applicant's technical ability
to construct and/or operate the proposed cable system, including identification
of key personnel.
(3)
A demonstration of the applicant's legal qualifications
to construct and/or operate the proposed cable system including, but not limited
to, a demonstration that the applicant meets the following criteria:
(a)
The applicant must not have submitted an application
for an initial or renewal franchise to the Township, which was denied on the
grounds that the applicant failed to propose a system meeting the cable-related
needs and interests of the community, or as to which any challenges to such
franchising decision were finally resolved adversely to the applicant, within
three years preceding the submission of the application.
(b)
The applicant must not have had any cable television
franchise validly revoked by any municipality within three years preceding
the submission of the application.
(c)
The applicant must have the necessary authority under
Pennsylvania law to operate a cable system.
(d)
A franchise will not be issued to an applicant that may
not hold the franchise as a matter of federal law. An applicant must have,
or show that it is qualified to obtain, the necessary federal licenses or
waivers required to operate the system proposed.
(e)
An applicant shall not be issued a franchise if, at any
time during the 10 years preceding the submission of the applicant, applicant
was convicted of any act or omission of such character that the applicant
cannot be relied upon to deal truthfully with the Township and the subscribers
of the cable system, or to substantially comply with its lawful obligations
under applicable law, including obligations under consumer protection laws
and laws prohibiting anti-competitive acts, fraud, racketeering, or other
similar conduct.
(f)
An applicant shall not be issued a franchise if it files
materially misleading information in response to an RFP issued by the Township,
or intentionally withholds information that the applicant lawfully is required
to provide.
(g)
An applicant shall not be issued a franchise if an elected
official of the Township holds a controlling interest in the applicant or
an affiliate of the applicant.
(4)
A statement prepared by a certified public accountant
regarding the applicant's financial ability to complete the construction and
operation of the cable system proposed.
(5)
A description of the applicant's prior experience in
cable system ownership, construction, and operation, and identification of
communities in which the applicant or any of its principals have, or have
had, a cable franchise or license or any interest therein.
(6)
Identification of the area of the Township to be served
by the proposed cable system, including a description of the proposed franchise
area's boundaries.
(7)
A detailed description of the physical facilities proposed,
including channel capacity, technical design, performance characteristics,
head-end and access facilities.
(8)
Where applicable, a description of the construction of
the proposed system, including an estimate of plant mileage and its location,
the proposed construction schedule, a description, where appropriate, of how
services will be converted from existing facilities to new facilities, and
information on the availability of space in conduits, including, where appropriate,
an estimate of the cost of any necessary rearrangement of existing facilities.
(9)
The proposed rate structure, including projected changes
for each service tier, installation, converters, and other equipment or services.
(10)
A demonstration of how the applicant's proposal will
reasonably meet the future cable-related needs and interests of the community,
including descriptions of how the proposal will meet the needs described in
any recent community needs assessment conducted by or for the Township, and
how the proposal will provide adequate public, educational and governmental
access channel capacity, facilities or financial support to meet the community's
needs and interests.
(11)
Pro forma financial projections for the proposed franchise
term, including a statement of projected income, and a schedule of planned
capital additions, with all significant assumptions explained in notes or
supporting schedules.
(12)
If an applicant proposes to provide cable service to
an area already served by an existing cable franchisee, the identification
of the area where the overbuild would occur, the potential subscriber density
in the area that would encompass the overbuild, and the ability of the streets
to accommodate an additional system.
(13)
Any other information as may be reasonably necessary
to demonstrate compliance with the requirements of this chapter.
(14)
Information that the Township may request of the applicant
that is relevant to the Township's consideration of the application.
(15)
An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the formation in the application,
acknowledging the enforceability of application commitments, and certifying
that the proposal meets all federal and state law requirements.
D.
In evaluating an application for a franchise, the Township
shall consider, among other things, the following factors:
(1)
The extent to which the application has substantially
complied with the applicable law and the material terms of any existing cable
franchise for the Township.
(2)
Whether the quality of the applicant's service under
an existing franchise in the Township, including signal quality, response
to customer complaints, level of services, billing practices, and the like,
has been reasonable in light of the needs and interests of the communities
served.
(3)
Whether the applicant has the financial, technical and
legal qualifications to provide cable service.
(4)
Whether the applicant's proposal is reasonable to meet
the future cable-related needs and interests of the community, taking into
account the cost of meeting such needs and interests.
(5)
Whether, to the extent not considered as part of Subsection C(4), the applicant will provide adequate public, educational and governmental access channel capacity, facilities or financial support.
(6)
Whether issuance of a franchise is warranted in the public
interest considering the immediate and future effect on the public rights-of-way
and private property which would be used by the cable system, including the
extent to which installation or maintenance as planned would require replacement
of property or involve disruption of property, public services, or use of
the public rights-of-way; the effect of granting a franchise on the ability
of cable to meet the cable-related needs and interests of the community.
(7)
Whether the applicant or an affiliate of the applicant
owns or controls any other cable system in the Township, or whether grant
of the application may eliminate or reduce competition in the delivery of
cable service in the Township.
E.
If the Township finds that it is in the public interest
to issue a franchise considering the factors set forth above, it shall issue
a franchise, subject to the applicant's entry into an appropriate franchise
agreement. If the Township denies a franchise, it will issue a written decision
explaining why the franchise was denied. Prior to deciding whether to issue
or not to issue a franchise, the Township may hold one or more public hearings
or implement other procedures under which contends from the public on an applicant's
proposal may be received. The Township also may grant or deny a request for
a franchise based on its review of an application without further proceedings
and may reject any application which is incomplete or fails to respond to
an RFP. This chapter is not intended and shall not be interpreted to grant
any applicant or existing franchisee standing to challenge the issuance of
a franchise to another.
F.
If the Township grants a franchise subject to the applicant's
entry into a franchise agreement, the Township and the franchisee shall agree
on the terms of a franchise agreement within 30 days from the date of Township
resolution granting the franchise. This period may be extended for good cause
by the Township. If agreement is not reached with the Township within 30 calendar
days from the date of the Township resolution granting the franchise, or if
the period is not extended by the Township, the franchise will be null and
void without further action by the Township. The Township shall approve or
disapprove the proposed agreement by resolution, or may direct that it be
subject to further negotiation.
To be acceptable for filing, an application submitted after the effective
date of this chapter shall be accompanied by a filing fee as set from time
to time by resolution of the Board of Supervisors[2] for the following, as appropriate:
The franchise agreement shall specify the construction schedule.
A.
All installations shall be underground in those areas
of the Township where public utilities providing both telephone and electric
service are underground at the time of installation. In areas where either
telephone or electric utility facilities are above ground at the time of installation,
grantee may install its service above ground, provided that at such time as
both those facilities are required to be placed underground by the Township
or are placed underground, the grantee shall likewise place its services underground.
Where not otherwise required to be placed underground by this chapter or the
franchise agreement, the grantee's system shall be located underground at
the request of a property owner, provided that the excess cost over the aerial
location shall be borne by the property owner making the request. All cable
passing under the public way shall be installed in accordance with all state
and local laws and ordinances.
B.
Prior to construction or alteration in any public way,
however, the grantee shall in each case file plans with the appropriate Township
agencies and obtain all necessary construction permits and authorizations
before proceeding.
C.
Interference with persons, improvements, public and private
property and utilities. The grantee's system and facilities, including poles,
lines, equipment and all appurtenances, shall be located, erected and maintained
so that such facilities shall:
(1)
Not endanger or interfere with the health, safety or
lives of persons;
(2)
Not interfere with the free and proper use of public
streets, alleys, bridges, easements or other public ways, places or property,
except to the minimum extent possible during actual construction or repair;
(3)
Not interfere with the rights and reasonable convenience
of private property owners, except to the minimum extent possible during actual
construction repair; and
(4)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the Township.
D.
Restoration to prior condition. In case of any disturbance
of pavement, sidewalk, property, or other surfacing, the grantee shall, at
its own cost and expense and in a manner approved by the Township, replace
and restore all paving, sidewalk, landscaping, or surfacing of any property
or public way disturbed, in as good a condition as, or better than, before
said work was commenced and in a good, workmanlike, timely manner in accordance
with standards for such work set by the Township. Such restoration shall be
undertaken within no more than 10 business days after the damage is incurred
and shall be completed within 30 business days unless otherwise authorized
by the Township.
E.
Relocation of the facilities. In the event that, at any
time during the period of the period of the franchise, the Township, county
or state shall lawfully elect to alter or change the grade of any streets,
alleys or other public ways, or make repairs or improvements to any infrastructure,
the grantee, upon reasonable notice by the proper authority, shall remove
or relocate as necessary its poles, wires, cables, underground conduits, manholes
and other fixtures at its owns expense and with all due deliberate speed.
F.
Cooperation with building movers. The grantee shall,
on the request of any person holding a building moving permit issued by Township,
temporarily raise or lower its wires to permit the moving of buildings. The
expense of such temporary removal, raising or lowering of wires shall be paid
by the person requesting the same, and the grantee shall have the authority
to require such payment in advance. The grantee shall be given reasonable
advance notice to arrange for such temporary wire changes.
G.
Tree trimming. The grantee shall have the authority,
except when in conflict with existing Township ordinances, to trim any trees
overhanging the public right-of-way so as to prevent the branches of such
trees from coming in contact with system facilities, except that at the option
of the Township, such trimming as may be required by the grantee may be done
by the Township, or under its supervision and direction, at the expense of
the grantee. The grantee shall notify the Township prior to trimming any trees
in the right-of-way.
H.
Easements. All necessary easements over and under private
property shall be arranged for by the grantee.
A.
Prior to the erection of any towers, poles or conduits
or the upgrade or rebuild of the cable communications system under this chapter,
the grantee shall first submit to the Township and other designated parties
for approval a concise description of the facilities proposed to be erected
or installed, including engineering drawings, if required, together with a
map and plans indicating the proposed location of all such facilities. No
erection or installation of any tower, pole, underground conduit, or fixture
or any rebuilds or upgrading of the cable communications system shall be commenced
by any person until approval therefor has been received from the Township,
such approval not to be unreasonably withheld.
B.
Where poles already exist for use in serving the Township
and are available for use by the grantee, the Township may require the grantee
to use such poles and structures.
A.
Within 30 days of the grant, the grantee shall provide
the Township with a written progress report detailing work completed to date
on initial construction or a rebuild of a cable television system. Such report
shall include a description of the progress in applying for any necessary
agreements, licenses, or certifications and any other information the Township
Manager may deem necessary. The content and format of the report will be determined
by the Township Manager and may be modified at his discretion.
B.
Such written progress reports shall be submitted to the
Township on a monthly basis throughout the entire initial construction or
rebuild process. The Township Manager may require more frequent reporting
if he determines it is necessary to better monitor the grantee's progress.
C.
Prior to the commencement of any initial construction
or rebuild of a cable telephone system, the grantee shall produce an informational
document to be distributed to all residents of the area to be under construction,
which shall describe the activity that will be taking place. The informational
document shall be reviewed and approved by the Township Manager prior to its
distribution.
