[HISTORY: Adopted by the Board of Supervisors of the Township
of Nockamixon 8-14-1990 by Ord.
No. 58. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Nockamixon
Township Cable Television Franchise Ordinance."
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words in the masculine gender shall include the feminine gender. The
word "shall" is always mandatory and not merely directory.
Any facility or group of facilities which, in whole or in
part, receives, modifies or originates television, FM radio or other
electrical signals for the purpose of transmitting or distributing
such signals by wire, cable or other means to subscribing members
of the public or to selected customers, as herein contemplated. This
definition shall include those systems which do not occupy or cross
over or under the public ways and places of municipality.
Any duly approved person, firm, partnership, association, corporation, company or organization of any kind operating under a franchise granted pursuant to § 80-3 of this chapter.
The Township of Nockamixon, Bucks County, Pennsylvania, acting
through its duly constituted governing body.
From and after the enactment of this chapter, no cable television
system shall be constructed, installed or operated in the municipality
unless such construction, installation or operation shall first have
been authorized by ordinance of the municipality duly enacted, and
accepted as a nonexclusive franchise.
Any franchise granted under § 80-3 of this chapter shall include the nonexclusive right and privilege to construct, erect, operate and maintain a cable television system in, under, over, along, across or upon the public streets, highways, sidewalks, rights-of-way and places within the boundaries of the municipality, to the extent permitted by law. The franchise granted shall also be construed as to permit the franchise to attach or otherwise affix or install its cables and other equipment to and in the facilities of any public utility even though the same may occupy or cross over or under the public ways and places of the municipality.
Any franchise granted under § 80-3 of this chapter shall be for a period of 15 years from the effective date of the grant of the franchise and shall be governed by the procedures, rights and remedies provided in Section 626 of the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended by the Cable Communications Policy Act of 1984, Publ. L. 98-549.
Any franchise granted under § 80-3 of this chapter shall be upon the express condition that the franchisee, within 30 days after written notice is given to the franchisee of the grant, shall file with the Secretary or other duly authorized official of the municipality a written acceptance of same. When the franchise grant shall have been accepted by the franchisee, such ordinance granting the franchise and acceptance shall constitute a contract between the municipality and the franchisee for all the uses, services and purposes set forth in this chapter. Except as may be otherwise provided by state and/or federal law, order or regulation, the rights and obligations of municipality and franchisee shall be those specified herein and shall not be enlarged, diminished or altered by any unilateral action of municipality during the term of the franchise or renewal thereof; provided, however, that a grant of a nonexclusive franchise to any other cable television company shall not be construed to violate this provision. The franchisee by its acceptance of the provisions of this chapter binds itself to provide the necessary cable television system and to establish, operate and maintain the local cable television system contemplated in this chapter, continuing without substantial interruption except for causes beyond its control until the expiration of the term of the grant. In the event that the franchisee shall fail to file a written acceptance within the time hereinabove specified, the grant shall be of no effect and void.
The franchisee shall serve all residents of municipality except
to the extent that low household density, adverse terrain or other
factors render providing service impracticable or technically or economically
infeasible. The franchisee's cable television system shall not
be required to be installed in, or extend to, areas of municipality
where potential revenues from subscribers to be served therein would
produce a return insufficient to justify economically such installation
or extension. If otherwise practicable and technically feasible:
A.
Service shall be provided at normal installation and monthly service
rates to an individual customer whose point of connection is located
within 150 feet of in-place distribution cable.
B.
The franchisee, at its cost, shall make an extension of its cable
system where the number of existing households per linear mile of
cable to be passed by the extension equals or exceeds 32 households
passed per linear mile.
C.
The franchisee shall be required to make an extension where the number
of existing households to be passed per mile is more than 32. The
franchisee, however, shall not be required to install or extend its
cable system in any areas where it cannot obtain necessary rights-of-way
over private property except in those instances where the payment
to third parties to obtain the corresponding one mile right-of-way
would be less than 1/3 of franchisee's annual average cost per
mile of overhead construction during the last two years, plus a pro
rata amount of such cost for each existing household passed over 32.
The performance by the franchisee hereunder is subject to limitations,
restrictions or requirements now existing or which may henceforth
be imposed by law, rule or order of the Federal Communications Commission
or other government, board, commission or authority. The franchisee
shall not be deemed in default of any of the requirements of this
chapter to the extent it acts in compliance with or refrains from
doing anything prohibited by such law, rule or order.
A.
All transmission and distribution structures, lines and equipment
erected by the franchisee within the municipality shall be so located
as to cause minimum feasible interference with the proper use of streets,
alleys and other public ways, roads and places and to cause minimum
feasible interference with the rights or reasonable convenience of
property owners who adjoin any of said streets, alleys or other public
ways, roads and places. The franchisee shall obtain any required permits
prior to construction.
B.
In case of any disturbance of pavement, sidewalk, driveway or other
surfacing by the franchisee, the franchisee shall, at its sole expense
and in a manner approved by the municipality, replace and restore
the same in as good condition as before said work was commenced.
The franchisee's construction and maintenance of the transmission
and distribution system shall be in accordance with applicable state
and federal laws or regulations now in effect or later enacted regulating
or affecting the franchisee's installation or operation.
The franchisee shall save the municipality harmless from all
loss sustained on account of any suit, judgment, execution, claim
or demand whatsoever, resulting solely from the operation of the franchisee
in the construction, operation or maintenance of its system in the
municipality. The municipality shall notify the franchisee within
30 days after the presentation of any claim or demand, either by suit
or otherwise, made against the municipality on account of any damages
or losses as aforesaid resulting from such operations of the franchisee.
Within 30 days from the enactment date of any ordinance granting a
franchise, the franchisee shall furnish satisfactory evidence in writing
that it has in force general liability insurance of not less than
$1,000,000 per occurrence, and $1,000,000 in the aggregate, duly issued
by an insurance company or insurance companies authorized to do business
in this commonwealth.
A.
As compensation for the rights conferred by the grant of a Franchise
under this chapter, including the privilege of engaging in the business
of operating a Cable Television System in Municipality, the franchisee
shall pay annually to Municipality a fee equal to 5% of gross revenues
collected by the franchisee from charges for Basic Cable Television
Service and Optional Cable Television Service rendered to subscribers
within Municipality, "Gross Revenues" shall not include charges for
or revenues from: any taxes billed to and collected from subscribers;
services other than the transmission and distribution of television
signals; advertising; the leasing of cable channels; furnishing other
communications and nonbroadcast television services either directly
or as a carrier for another party; installation charges and fees for
move, reconnections, inspection, repairs or modifications of any installations;
other customer services for which separate charges are made; or any
other income derived by the franchisee. Stated otherwise, the franchise
fee shall be based upon the franchisee's gross revenues actually
received during the relevant period, from and relating to bills sent
to and paid by Nockamixon subscribers, but by way of clarity, excluding
therefrom funds received by the franchisee from non-cable television
services, funds paid to the company by third parties; and those payments
specifically excluded as gross revenues as set forth above.
B.
Payment of such annual fee shall be made not later than March 31
of the year following the calendar year in which the fee accrues.
Such annual fee shall be reduced by the amount of any tax, assessment,
fee or other charge imposed, levied, made or collected by municipality
upon or from the franchisee for the privilege of engaging in the business
of operating a cable television system in municipality.
C.
"Basic cable television service" shall mean that tier of cable television
service to which all users must subscribe in order to obtain cable
television service and for which a charge is made.
D.
"Optional cable television service" shall mean the furnishing of
television programming for which a per channel charge is made in addition
to that for basic cable television service.
Upon finding cable service problems, the subscriber shall report
same to the franchisee by communicating with its local business office
or agent. The franchisee shall respond to all service complaint and
correct malfunctions as promptly as possible, and in compliance with
applicable complaint procedures adopted by the franchisee.
A.
Where possible, the franchisee shall commence an investigation of
service complaints within 72 hours of their receipt. Resolution of
such service complaints shall be made promptly.
B.
The franchisee shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use of the system.
Upon receipt of a complaint regarding the quality of service, equipment
malfunctions and similar matters, the franchisee shall promptly investigate
such complaints.
The franchisee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the franchisee to exercise
its rights and perform its obligations under its franchise and to
assure an uninterrupted service to each and all of its customers.
Provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or of federal
and state laws.
For the purpose of enabling municipality to monitor compliance
with the franchise fee requirements of this chapter, the franchisee
shall keep full, true, accurate and current books of account and records
relating to its operations within municipality and relevant to the
franchise fee, for a period of three years, which books and records
shall be made available for inspection and copying and audit by an
authorized representative of the municipality at all reasonable times.
In the event that during the term of any franchise granted hereunder,
the franchisee enters into a franchise agreement with another municipality
which requires the franchisee to establish a government or related
nonprofit agency access channel, and in the event that a majority
of the franchisee's communities in the Upper Bucks County contiguous
service area request access to such channel, the franchisee shall
grant access on the same terms and conditions to the Upper Bucks County
municipalities, including municipality.
