[HISTORY: Adopted by the Board of Supervisors
of the Township of Jackson 10-5-1999 by Ord. No. 117-99. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 109.
This chapter shall be known and may be cited
as the "Cable Television Franchise Ordinance."
[Amended 8-3-2010 by Ord. No. 187-10]
For the purpose of this chapter, words and terms used herein
shall be defined as follows:
Any video programming service beyond the basic service provided
over the cable system, which includes expanded basic service, per-channel
or per-program services, and pay-per-view events that incur an additional
charge or fee above that charged to subscribers for basic service.
Any cable service tier which includes the retransmission
of local television broadcast channels.
The Cable Communications Policy Act of 1984, as amended by
the Cable Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996, and as further amended.
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection or use of such video programming or
other programming service.
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 the franchise
area, but such term does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
right-of-way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility shall be considered a cable system (other
than for purposes of Section 621 of the Cable Act) to the extent that
facility is used in the transmission of video programming directly
to subscribers unless the extent of that use is solely to provide
interactive on-demand services;
An open video system that complies with Section 653 of the Cable
Act; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
Any individual, partnership, company, association, society,
trust or corporation owning and maintaining a cable television system
within the confines of the Township.
A person or user of the cable system who lawfully receives
cable service therefrom with the grantee's express permission.
The Federal Communications Commission, or successor governmental
entity thereto.
The initial authorization, or renewal thereof, issued by
the Township, whether such authorization is designated as a franchise,
agreement, permit, license, resolution, contract, certificate, ordinance
or otherwise, which authorizes the construction and operation of the
cable system.
The present legal boundaries of the Township of Jackson,
County of York, Pennsylvania, as of the effective date, and shall
also include any additions thereto, by annexation or other legal means.
Any cable television company which has been granted a nonexclusive
franchise to operate within the Township.
Includes all moneys required to be paid to the Township by
the company for the right to operate in the Township, which are allowable
by federal statute or regulation or state statute or regulation.
All revenue, including cash, credits, and in-kind contributions
derived by the grantee from the operation of the cable system in the
franchise area to provide cable service, calculated in accordance
with generally accepted accounting principles ("GAAP"). Gross revenue
includes revenue from monthly basic cable, charges for additional
cable services, premium and pay-per-view video fees, fees from leased
access channels, installation, disconnection, relocation and reconnection
fees, locally derived home shopping commissions, advertising revenues
(excluding agency commissions) and subscriber equipment rental fees.
Gross revenue shall not include refundable deposits, bad debt, late
fees, investment income, nor any taxes, franchise fees, or other fees
or assessments imposed or assessed by any governmental authority.
If during the term of this agreement, federal law is amended or interpreted
by the FCC or a court of competent jurisdiction, which decision is
a final order not subject to further appeal, to permit local franchising
authorities to collect franchise fees on revenues derived from services
not currently subject to franchise fees or including in the definition
of gross revenues, the Township may notify the grantee in writing
that it wishes to collect franchise fees on revenues attributable
to such services. No later than 60 days thereafter, such revenues
shall be considered part of gross revenue, and franchise fees shall
be collected and remitted on such revenues.
Any natural person or any association, firm, partnership,
joint venture, corporation, or other legally recognized entity, whether
for-profit or not-for-profit, but shall not mean the Township.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, way, lane, public way, drive, circle or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips, or easements dedicated for compatible uses and any
temporary or permanent fixtures or improvements located thereon now
or hereafter held by the Township in the franchise area, which shall
entitle the grantee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the cable system. Public way
shall also mean any easement now or hereafter held by the Township
within the franchise area for the purpose of public travel, or for
utility or public service use dedicated for compatible uses, and shall
include other easements or rights-of-way as shall within their proper
use and meaning entitle the grantee to the use thereof for the purposes
of installing, operating, and maintaining the grantee's cable
system over poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other property
as may be ordinarily necessary and pertinent to the cable system.
The Commonwealth of Pennsylvania.
The surface of, as well as the space above and below, all
streets, roadways, highways, freeways, avenues, lanes, alleys, courts,
places, squares, curbs, sidewalks, easements, rights-of-way or other
public ways in the Township which have been or may hereafter be dedicated
and opened to public use or such other public property so designated
by law which shall, within its proper use and meaning, entitle the
Township and company to access thereon for the purpose of installing
or transmitting cable transmissions over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, broadcasters,
receivers, attachments and any other property as may be necessary
and pertinent to the operation of the business within the Township.
The Board of Supervisors of Jackson Township, York County,
Pennsylvania.
Jackson Township, York County, Pennsylvania.
[Amended 8-3-2010 by Ord. No. 187-10]
It is hereby granted by the Township to the company the nonexclusive right, privilege and franchise to construct, direct, operate, modify and maintain for a period of 15 years, a cable television system within, upon, along, across, over and under the Township streets and anywhere where such conduct may be done lawfully within the boundaries of the Township, and also to repair, replace and extend the same and to do all other things necessary or incidental to such business, subject always to the rules, conditions and provisions of this chapter and rules, regulations and statutes established and amended by the Federal Communications Commission, and other regulatory bodies of the Township, the Commonwealth of Pennsylvania or the United States of America, provided that the annual franchise fee is paid pursuant to § 53-10 of this chapter.
A.
The company's transmission and distribution system,
poles, wires and appurtenances shall be located, erected and maintained
so as to not interfere with the lives of persons or to interfere with
new improvements the Township may deem it proper to make, or to unnecessarily
hinder or obstruct the free use of the streets, roads, bridges or
other public property; removal of poles to avoid such interference
will be at the company's expense.
B.
All installations of equipment shall be of a permanent
nature, durable and installed in accordance with good engineering
practices and of sufficient height or depth to comply with all existing
Township regulations, ordinances and state laws so as to not interfere
in any manner with the right of the public or individual property
owner and shall not interfere with the travel and use of public places
by the public and during the construction, repair or removal thereof
and shall not obstruct or impede traffic.
C.
In the event that a change is made in the grade of
public streets, roads or grounds by authority of the Township which
shall necessitate the removal of any poles, wires, transmission or
distribution lines to conform to the change of grade, the company
shall make the necessary changes in its lines at its own expense,
upon due notice from the Township or its designated official. In addition,
the company shall, at its expense, protect, support, temporarily disconnect,
relocate on the same street, road or public place or remove from the
street, road or public place any property of the company when required
by the Township, by reason of traffic conditions, public safety, street
vacation, construction or relocation, change or street grade, installation
of storm or sanitary sewer, water pipes, power lines, traffic signals
and lines or any other type of structure improvement by governmental
agencies acting in a governmental or proprietary way; provided, however,
that the company shall in all cases have the privilege to abandon
said property of company in place, subject to the obligations as provided
elsewhere in this chapter.
D.
Pole attachments. The poles and posts used for the
company's cable television system lines shall be those erected by
the company or by such other persons, firms or corporations maintaining
poles or posts within the Township limits, provided that mutually
satisfactory rental agreements can be entered into with such persons,
firms or corporations. It is understood and agreed that should the
placement of new poles be required, the Township shall not be liable
for any pole placement and the company agrees to hold the Township
harmless for any liability arising therefrom. In addition, the company
shall maintain all poles, equipment, cables, wires and accompanying
equipment erected or constructed under the provisions of this chapter
in good and safe order and condition and shall at all times fully
indemnify, protect and hold harmless the Township from and against
all actions, claims, suits, damages and charges, and against all loss
and necessary expenditures arising from the erection, construction
and maintenance of said works in good and safe order and condition.
In the event that the permission granted by this chapter should be
revoked by the Township of Jackson, or in the event that the company
should fail or refuse to comply at any time with the terms and conditions
of this chapter, or in the event that the business of the company
should be discontinued voluntarily or involuntarily, then and in any
of said events the company shall, at its own cost and expense, remove
its said poles, cables and wires and accompanying equipment erected
or constructed under the provisions of this chapter.
E.
The rights and powers conferred upon the company by
this chapter shall be subject to existing ordinances of the Township
and applicable laws of the Commonwealth of Pennsylvania concerning
the location of sewer and water lines (where underground construction
is used) and electric light, electric power, telephone and telegraph
wires and cables for the conveyance of electrical energy for any purpose.
The company shall grant to the Township, free
of expense, joint use of any and all poles owned by it for any proper
municipal purpose insofar as it may be done without interfering with
the free use and enjoyment of the company's own wires and fixtures,
and the Township shall hold the company harmless from any and all
actions, causes or damage caused by the placing of the Township's
wires or appurtenances upon the poles of the company.
[Amended 8-3-2010 by Ord. No. 187-10]
A.
Upon request,
the company shall provide free basic service to public, private and
parochial schools, public libraries, municipal buildings, police and
fire stations which are within 150 feet of the cable system. No charge
shall be made for installation or service, except that the company
may charge normal and customary fees for such public buildings more
than 150 feet aerial distance from the cable system or for more than
one cable drop in each building. In addition, the company shall provide
one free residential level cable modem and one free residential service
to the Township municipal building.
B.
For purposes
of this section, the term "school" shall mean an educational institution
that receives funding pursuant to Title I of the Elementary and Secondary
Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended,
and does not include home schools. Further, for purposes of this section,
"municipal buildings" shall be defined to mean those buildings owned
or leased by the Township for government administrative services,
but shall not include buildings owned by the Township but leased to
third parties, or buildings such as storage facilities at which municipal
employees are not regularly stationed.
Notwithstanding any other provisions of this
franchise agreement to the contrary, the company shall at all times
comply with all laws and regulations of the state and federal governments
and of any administrative agency having jurisdiction over the company
or its operation. If any such state or federal laws or regulations
shall require the company to perform or shall prohibit the company
from performing any act or action in conflict with the terms of this
franchise or of any law or regulation of the Township, the obligations
expressed by the state or federal regulation shall be controlling,
and observance of those state or federal laws in conflict with this
franchise shall not violate this franchise, notwithstanding anything
otherwise set forth herein. If in the future there are substantial
changes by the Federal Communications Commission, the Congress of
the United States or the Commonwealth of Pennsylvania which would
grant the Township or the company substantial rights not set forth
in this franchise agreement, the Township and the company shall not
be bound to automatically renew this franchise, and any renewal shall
be negotiated upon the basis that any changes which shall benefit
the Township or its residents or the company may be the subject of
negotiations.
The company and its employees shall not engage
in the business of selling or servicing television receivers or parts
thereof in the area served by the system. The company shall install
and maintain the system in such a manner so as to not interfere with
television reception by use of individual antennas presently in existence
or which may hereafter be installed.
The company shall have the right to prescribe
service rules and regulations for the conduct of its business not
inconsistent with the provisions of this chapter or any other ordinances
of the Township. The company's rules and regulations shall include,
but not be limited to, the right to disconnect any subscriber for
nonpayment, to regulate the subscriber's use of cable converters and
other equipment and other rules to prevent theft of the company's
service or equipment.
A.
As consideration of the franchise granted herein,
the company shall pay to the Township an annual fee equal to 5% of
the annual gross revenues received from the operation of the cable
television system in the Township, by the company, until the current
franchise term expires.
B.
Subject to the franchise agreement, payment of the
aforesaid franchise fee shall be made on a quarterly basis within
45 days after March 31, June 30, September 30 and December 31. Failure
to pay after 10 days' written notice shall result in the addition
of a ten-percent penalty charge. The franchisee shall maintain an
accurate record of such annual gross revenues, and it shall submit
to the Township within 90 days after the expiration of any calendar
year during the term of the rights granted hereunder, a statement
prepared by the franchisee's controller showing the annual gross revenues
as defined herein. In addition, the franchisee, at Township expense,
shall permit the Township to allow a certified public accountant to
conduct an audit of the franchisee's records and of the accounting
procedures followed each year to assure that there is proper payment
of the correct sums to the Township.
[Amended 8-3-2010 by Ord. No. 187-10]
The franchisee shall, at all times, keep in
effect the following types of minimum insurance coverage:
A.
Workers' Compensation Insurance upon its employees
engaged in any manner in the installation or servicing of its plant
and equipment within the Township of Jackson.
B.
Throughout the term and any renewal of any franchise
granted hereunder, the company shall, at its sole cost and expense,
secure and maintain comprehensive general liability insurance and
provide to the Township appropriate certificates of insurance designating
the Township, the Board, its officers, commissioners, councils, elected
officials, agents and employees as additional insureds, as well as
demonstrating compliance with this subsection. Such policy or policies
shall be in the minimum amount of $1,000,000 for bodily injury or
death to any one person, $1,000,000 for any bodily injury or death
of any two or more persons resulting from one occurrence, and $1,000,000
for property damage resulting from any one accident. Certificates
of insurance shall be submitted to the Township at the time of acceptance
of this chapter by the company and from time to time as such policy
or policies shall be replaced. Such policy or policies shall be noncancelable
except upon 30 days' prior written notice to the Township. The company
shall carry insurance in the above-described minimum amounts to protect
the parties hereto from and against all claims, damages, actions,
judgments, cost, expenses and liabilities which may arise or result,
directly or indirectly, from or by reason of such loss, injury or
damage.
[Amended 8-3-2010 by Ord. No. 187-10]
C.
The company shall indemnify, protect and hold harmless the Township
from and against any losses or physical damage to property or in bodily
injury or death to persons, including any payment made under any workman’s
compensation law, which may arise out of or caused by the company's
construction, operation, maintenance or removal of the cable system,
including, but not limited to, reasonable attorneys' fees and costs,
provided that the Township shall timely notify the company of the
company’s obligation to indemnify and defend the Township.
[Added 8-3-2010 by Ord. No. 187-10]
The Township shall have the right to supervise
all construction or installation work performed subject to the provisions
of this chapter and to make such inspection as it shall find necessary
to ensure compliance with governing ordinances.
The company is subject to all requirements of
the Township ordinances, resolutions, rules or regulations and specifications
heretofore or hereinafter enacted or established, including but not
limited to those concerning street work, street excavation, use, removal
and relocation of property within a Township right-of-way and other
street work.
In the event that the use of any part of the
system installed is discontinued for any reason by the company for
a continuous period of six months causing a cessation of service to
subscribers of the system, or in the event that such system or property
has been installed in any street or public place without complying
with the requirements of this chapter, the company shall remove from
the streets and public places all such parts of the system other than
any which the Township may request to be abandoned in place. In the
event of any such removal, the company shall restore the property
and area from which such removal occurred to a condition satisfactory
to the Township.
[Amended 8-3-2010 by Ord. No. 187-10]
Should the company fail to comply with any terms
or this chapter, the Township shall give written notice of such violation
and proceed in accordance with the appropriate provisions of the franchise
agreement, prior to revocation of any franchise granted hereunder.
The company shall maintain a business office
at a location where subscribers may readily visit during regular business
hours and days. The company shall generally respond to all service
calls within 24 hours and correct cable malfunctions as promptly as
possible and shall maintain a competent staff sufficient to provide
adequate and prompt service to its subscribers.
