[HISTORY: Adopted by the Board of Supervisors of the Township of
Straban: Art. I, 12-14-1976 as Ord. No. 17.
Amendments noted where applicable.]
[Adopted 12-14-1976 as Ord. No. 17]
It is hereby declared necessary for the protection, benefit and safety
of the general traveling public and the inhabitants of Straban Township to
require licenses for the construction, maintenance and operation of cable
television systems and to establish procedures and policies for the issuance
of the same.
For the purposes of this Article, the following words shall have the
meaning ascribed to them as set forth in this Article:
The Board of Supervisors, Straban Township.
Includes the operation, maintenance and construction of a system
for the interception, origination, distribution and sale of electronic signals.
Any individual, firm, partnership, company, corporation, trustee,
association or private entity.
Straban Township, Adams County, Pennsylvania.
A.Â
Any person desiring to obtain a license for a cable TV
operation shall apply to the Board for the same, and if the Board is satisfied
that all conditions of the law are met and that the public interest will not
be adversely affected, it shall issue a license. The Board may hold public
hearings in connection with any application, before issuing a license.
B.Â
Application. The application for a license for a cable
TV operation shall be made in writing on a form supplied by the Board.[1] The application shall be accompanied by a binder issued by a reputable
insurance company authorized to do business in the Commonwealth of Pennsylvania,
stating that upon issuance of the license, the insurance company will issue
a public liability policy in minimum amounts of $150,000 bodily injury or
death per person, $500,000 per claim and $50,000 property damage. The application
shall be accompanied by a fee as set forth from time to time by resolution
of the Board of Supervisors.[2]
C.Â
License. A license shall be for a term of 10 years, shall be renewable for additional like term of years, upon application per Subsection B, in accordance with this Article, and shall be nontransferable. A license shall be nonexclusive and shall grant to the licensee, insofar as the township is able to do, the right and privilege to construct, erect, operate and maintain along, across and over the streets, alleys, roads, public ways and places and all extensions thereof and additions thereto, in the township, wires, poles, cables, conductors and such other fixtures necessary for the operation and maintenance of a cable television system for the reception and distribution of television signals and energy.
D.Â
The license shall be subject to the following conditions:
(1)Â
The licensee shall be solely responsible for entering
into agreements with all third parties in connection with the exercise of
the license and shall indemnify and save harmless the township from all claims
and causes of action arising from the exercise of the license.
(2)Â
The licensee shall at all times during the term of the license maintain insurance as described in the application, per Subsection B, naming the township as coinsurer.
(3)Â
The licensee shall be subject to all the laws, rules
and regulations of the United States of America and the Commonwealth of Pennsylvania
and any of its' instrumentalities and/or agencies which are applicable
to cable TV operations.
(4)Â
The licensee shall maintain a business office or agent
within the local service area having a schedule of business hours with a listed
telephone, and having available sufficient office and maintenance personnel
to provide efficient service.
E.Â
License fee. An annual license fee shall be imposed,
which shall be equal to 3% of the annual gross operating revenues derived
from subscribers within the township. The license fee shall be paid annually
within 30 days following the close of each calendar year. The licensee shall
make available to the township auditors its books and/or records for inspection,
upon request.
F.Â
Revocation. The township may, at any time it so determines
that licensee is violating any of the terms and/or conditions of this Article
or of the license, issue a citation upon the licensee to show cause why the
license should not be revoked. A hearing shall be called by the Supervisors,
the same to be scheduled at least 10 days from the date of the citation. If,
after the hearing, it is determined that licensee has violated any of the
terms of this Article or of the license, the license may be revoked.
Any person violating this Article shall, upon a summary conviction before
a District Justice, be sentenced to pay a fine as provided for under the Act
of May 1, 1933, P.L. 103, Art. VII, Section 702 XLVII (53 P.S. § 65747),
as amended, of not more than $600.
