[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore 4-7-1986 by Ord. No. 5-86; amended
in its entirety 9-16-1991 by Ord. No. 8-91 (Ch. 13, Part 4, of the
1996 Code). Subsequent amendments noted where applicable.]
The Borough Council of the Borough of Jersey
Shore is empowered and authorized to grant cable television franchise
rights and to execute written agreements containing terms and conditions
as follows:
A.
The franchisee shall have the right and privilege
to construct, maintain and operate in, on, over and under the present
and future public streets, alleys, rights-of-ways and public places
with the Borough, such towers, poles, lines, cables, wiring and all
related equipment for the purpose of receiving, amplifying and distributing
television and radio signals within said Borough and to the inhabitants
thereof as is normally transmitted through a CATV system.
B.
Poles, towers and underground systems shall be so
erected as to not interfere with the traffic over the streets, alleys
and public places, and the location of all poles, towers or other
obstructions shall be fixed with the prior written approval and under
the supervision of the Borough as to such location given consideration
to the reasonable operation of the system; providing further, that
such location shall not be a vested interest, and the same shall be
removed by the franchisee whenever the same restricts or obstructs
the operation or location or any future operation or location of said
streets, alleys and public places or in any way interferes with any
governmental function of the Borough.
C.
Permission is hereby granted to the franchisee to
attach or otherwise affix cables, lines, wires or other equipment
to the pole facilities of any public utility company, even though
the same may cross over the streets, sidewalks, public lands and highways
of the Borough; provided that franchisee secures the permission and
consent of said public utility company concerned.
D.
Effective March 31, 1992, TV Cable of Central Pennsylvania
shall pay to the Borough of Jersey Shore a sum of money equal to 3%
of gross revenues derived from any and all goods and services rendered
by it to subscribers located within the Borough of Jersey Shore. Payments
shall be made quarterly within 45 days after the end of the TV Cable
of Pennsylvania fiscal quarters, said quarters being January 31, April
30, July 31 and October 31. An annual summary report showing gross
revenues derived by TV Cable of Central Pennsylvania from subscribers
located within the Borough of Jersey Shore shall be filed with the
Borough of Jersey Shore office within 45 days of the close of the
TV Cable of Pennsylvania fiscal year. Interest at the rate of 12%
per annum shall be charged on all fees which are not paid on or before
the due date. The Borough shall have the right to revoke, cancel,
and to otherwise cause the forfeiture of the TV Cable of Pennsylvania
franchise in the event that payment of any fee is not made within
15 days of the date on which the said payment becomes due. The Borough
shall have the right to inspect at reasonable times TV Cable of Pennsylvania
records to verify the payments to which it is entitled.
E.
Franchisee shall maintain all of its equipment in
good and safe condition, according to the reasonable safety standards
in the industry.
F.
All streets, sidewalks and rights-of-way disturbed
or damaged in the construction or maintenance of said cable lines
and other appurtenances shall be promptly repaired by franchisee at
franchisee's expense and to the satisfaction of the Borough.
G.
Franchisee shall have the right to transfer by assignment
any right, interest or privilege granted or vested by this agreement
without prior approval of the Borough.
H.
The granting of any and all rights, interests and
privileges hereunder shall not and does not constitute an exclusive
privilege to franchisee.
I.
Franchisee, its successors and assigns, shall take
out and maintain, during the operative period of this agreement, public
liability insurance in an amount not less than $300,000 for injuries
and/or wrongful death to any one person and subject to the same limit
for each person and in an amount not less than $1,000,000 on account
of one accident, and property damage insurance in an amount not less
than $100,000 for any one accident, and shall protect the Borough
from claims for said damages arising out of the exercise of rights
and privileges and operations under the agreement, to include operations
by motor vehicles and trucks and to include damages from fire and
perils usually covered by an approved extended coverage endorsement.
Prior to the exercise of any rights under the agreement, certificates
of insurance shall be filed and deposited with the Secretary of the
Borough.
J.
Franchisee will offer to its customers in the Borough
of Jersey Shore a service of a quality that is commercially acceptable
within the industry. Such service will be maintained so as not to
interfere with the television reception of inhabitants of the Borough
not using franchisee's service. Franchisee shall maintain a toll-free
telephone number so as to receive requests for repairs or service,
or complaints, 24 hours per day, and seven days per week. All such
requests for repairs or service and complaints shall be investigated
and resolved by franchisee within 24 hours of receipt thereof, whenever
possible. Franchisee shall give written notice to all subscribers
which will indicate procedures for reporting and resolving requests
for repairs or service and complaints.
K.
Borough shall have the right to rescind or revoke
the rights herein granted upon any substantial violation by franchisee
of any of the obligations and requirements contained herein after
written notice by the Borough to franchisee and continuation of such
violation, failure or default.
(1)
Such written notice to franchisee shall specify precisely
the manner in which franchisee is in violation, failure or default
with respect to the franchisee.
(2)
The notice given by Borough shall give franchisee
a specified, reasonable amount of time within which to correct the
violation, failure or default, but in no event shall the time period
be less than 30 days from the date of receipt of the notice to franchisee.
(3)
Franchisee shall have the right to demand that prior
to any recision or revocation of the rights herein granted, Borough
shall hold a public hearing regarding any alleged violation that forms
the basis for such recision or revocation at which franchisee shall
have the right to respond to such allegations and to present to the
Borough evidence on its own behalf.
L.
Service will be made available to inhabitants of the
Borough who may desire such service, provided:
(1)
Inhabitant is located in an area where it is economically
feasible to provide such service.
(2)
Borough has granted permission, if required, for the
erection of the necessary facilities.
(3)
The distance from existing aerial distribution lines
to the television set is not more than 150 feet.
(4)
Inhabitant complies with regulations franchisee establishes
governing the conduct of its business.
(5)
Franchisee is able to obtain any private rights-of-way
required, to extend its facilities, at a reasonable cost.
M.
Franchisee shall determine what services it will offer
and what rates it will charge its subscribers for such services, subject,
however, to the provisions of the Cable Communications Policy Act
of 1984, P.L. 98-549, its amendments and regulations promulgated pursuant
thereto. Such schedule of rates will not discriminate between customers
of the same class.
N.
Borough does not require any person to subscribe to
the services provided by franchisee.
O.
Any agreement executed by Council granting a cable
television franchise shall specify the effective date of such franchise.
P.
If at any time franchisee, its successors and assigns,
ceases to exercise the rights and privileges granted under the agreement
or ceases to operate a community antenna television system in the
Borough of Jersey Shore, then all of the towers, poles, lines cables,
wiring and other apparatus erected, installed or deposited by franchisee
and its successors shall be properly removed.
R.
Prior to the expiration of the agreement, franchisee
shall have the right to request a renewal under the same terms and
conditions contained herein and such request for renewal shall be
granted if franchisee has substantially complied with all terms and
conditions contained herein.
