[Ord. 379, 7/17/1979, § 1]
There is hereby granted by the Borough to the Grantee, the continued
right and privilege to construct, erect, operate, and maintain, in,
upon, along, across, above, over, and under the streets, alleys, public
ways, and public places now laid out or dedicated, and all extensions
thereof, and additions thereto, in the Borough, poles, wires, cables,
underground conduits, manholes, and other television conductors and
fixtures necessary for the maintenance and operation in the Borough
of a CATV system for the interception, sale and distribution of television
and radio signals, subject however, to the condition that the Borough
shall be notified of all extensions of the Grantee from its present
system.
[Ord. 3-79, 7/17/1979 § 2]
Grantee shall provide CATV service for residents of the Borough
of Mifflinburg who reside within the Borough, however, if the Borough
boundary should be extended at any time from its present location
after the date of adoption of this ordinance, then insofar as any
extension of the Borough boundary, this section shall apply to the
subsequent extension only with the written consent of the Grantee.
[Ord. 3-1979, 7/17/1979, § 3]
The Grantee shall, at all times during the duration of this
license, be subject to all lawful exercise of the police power by
the Borough and to such regulations as the Borough shall hereafter
provide, in addition to being subject to the ordinances of the Borough
of Mifflinburg, Union County, Pennsylvania, and the laws of the Commonwealth
of Pennsylvania and the United States of America.
[Ord. 3-79, 7/17/1979, § 4; as amended by Ord.
90-4, 4/17/1990, § 1]
The duration of the rights, privileges and authorities hereby
granted shall be for a period of 10 years from the date of adoption
of Ord. 90-4, April 7, 1990 by the Borough Council of the Borough
of Mifflinburg, Union County, Pennsylvania; conditioned however, that
the Borough shall evaluate the performance of the Lessee at five-year
intervals from the date of adoption. The Grantee warrants that the
cable tv system shall provide a quality signal during the period of
the license and will comply with all the technical standards as set
forth by the FCC. The Grantee shall have the option of extending this
renewal license for an additional fifteen-year period upon application
by the Grantee not later than six months before the expiration date
of the renewal license, but not earlier than one year before the expiration
date of the renewal license and conditioned upon a review of the Grantee's
qualifications and performance and any other reasonable condition
set forth by the Borough and approval thereof by the Borough.
[Ord. 3-79, 7/17/1979, § 5; as amended by Ord.
9-1980, 7/18/1980, §§ 1 and 2]
For the use of the streets and other facilities of the Borough
of Mifflinburg for the operation of the CATV system and for the municipal
supervision thereof, Derry Decatur TV Cable Company, the Grantee,
shall pay to the Borough the sum of $1,800 for the period from August
1, 1980, to July 31, 1981. This amount is to be paid by Derry Decatur
TV Cable Company, the Grantee, to the Borough on or before August
31, 1981.
Either the Borough or the Grantee may request renegotiation
of the sum due under this ordinance by written request to the other
party, which request shall be submitted to the other party at least
60 days prior to the date on which payments are due under this ordinance.
For period prior to August 1, 1980, Derry Decatur TV Cable Company,
the Grantee, shall pay to the Borough the sum of 3% of the Grantee's
annual gross subscribers revenues from the Borough. This amount is
to be paid by Derry Decatur TV Cable Company, the Grantee, to the
Borough on or before August 31, 1980.
[Ord. 3-79, 7/17/1979, § 6]
2.
All subsequent changes in said rates shall be subject to the following
procedure:
A.
The Grantee shall notify the Borough in writing of its request to
change its rates, setting forth the proposed rate changes and the
date upon which they are to become effective.
B.
The Borough shall schedule a public hearing on the Grantee's
request, which hearing shall be held within 45 days of the receipt
of the notice after being duly advertised at least once in a newspaper
of general circulation in the Borough.
C.
The Borough shall render its decision on the Grantee's request
within 45 days from the date of the public hearing. Such decision
shall be final and binding, but shall not prevent the Grantee from
submitting a new request, provided the Grantee waits at least 30 days
from the date of the decision before proceeding with notification
as set forth hereinabove.
D.
Should an increase in rates occur because of royalties which cable
TV systems are required to remit to the copyrighting office occur
due to revisions of the current rules and regulations governing the
amount of royalties to be paid to the copyright office, then the Grantee
shall have the right to pass through any increase in royalties which
it might have to pay to its subscribers. All provisions of this subsection
shall be subject to Section 6, [Section 86(2) this part] subsections
A, B, and C of this ordinance.
E.
In the absence of a written waiver by the Grantee, if the Borough
shall fail to comply with any of the aforesaid time periods, the Grantee's
request shall be deemed approved and the proposed rate change may
be put into effect as of the date of the request.
[Ord. 3-79, 7/17/1979, § 7]
The Grantee shall hold Mifflinburg Borough harmless from all
claims for damages arising out of the construction, maintenance, or
operation of the said cable system or other apparatus under the control
of the Grantee.
[Ord. 3-79, 7/17/1979, § 8]
The Borough shall have the right to rescind or revoke the rights
granted herein, upon any substantial violation by the Grantee of any
of the obligations and requirements contained herein after written
notice by the Borough to the Grantee and continuation of such violation,
failure or default.
1.
Such written notice to the Grantee shall specify precisely the manner
in which the Grantee is in violation, failure or default with respect
to the license.
2.
The Borough shall allow 30 days within which the Grantee shall correct
the violation, failure or default, unless extended by written agreement
of the parties hereto.
[Ord. 3-79, 7/17/1979, § 9]
1.
The Grantee shall provide all subscribers with a quality signal for
each channel.
2.
The Grantee 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 Grantee shall promptly investigate
such complaints.
3.
The Grantee shall investigate all complaints within 24 hours of their
receipt. Resolution of such complaints shall be made promptly. For
the purpose of investigation and resolution of regular service complaints,
the Grantee shall maintain an agent or a local business office to
be located within Mifflinburg Borough. The Grantee shall also provide
a twenty-four-hour telephone answering service which will be available
for the registering of complaints by the customers of the TV cable
system.
4.
Grantee shall provide all subscribers with a minimum of the following
channels:
[Ord. 3-79, 7/17/1979, § 10]
If any section, subsection, sentence, clause, phrase, or portion
of the license is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, or any state or federal agency
having jurisdiction over such matters, such portion shall be deemed
a separate, distinct, and independent provision and such holdings
shall not affect the validity of the remaining portions thereof.
[Ord. 3-79, 7/17/1979, § 11]
1.
The performance by the Grantee hereunder is subject to limitations,
restrictions, or requirements now existing or which may henceforth
by imposed by law, rules, or order of the Federal Communications Commission
or any other government board, commission, or authority of any kind.
The Grantee shall not be deemed in breach of any of the requirements
of this renewal license to the extent it performs in accordance with
or refrains from doing anything prohibited by such law, rule, or order.
2.
Should the Federal Communications Commission modify or amend the
provisions of any sections of applicable rules and regulations entitled
"Franchise Standards," such modification or amendment, insofar as
they are applicable to this ordinance, shall be incorporated into
this renewal license within one year of adoption of the modification
or amendment, or at the time of the renewal at the expiration of this
renewal license pursuant to Section 3 (Section 83 this Part) hereof,
whichever shall come first.
3.
Grantee shall furnish to Borough one copy of any written document
in the Grantee's possession relating to the Grantee's business
in the Borough including, but not limited to, any application of Grantee
to the Federal Communications Commission, or any response of the Federal
Communications Commission to any request of the Grantee, said documentation
to be forwarded to Borough by Grantee only upon written request of
the Borough.
[Ord. 3-79, 7/17/1979, § 12]
Borough hereby establishes a Community Cable TV Advisory Board.
1.
Composition of Board. The Community Cable TV Advisory Board shall
be composed of one resident from each ward of the Borough. The president
of the Mifflinburg Borough Council shall be a member ex-officio of
the board.
2.
Selection of Board. The members of the board shall be appointed by
the Borough Council for a term of five years.
[Ord. 3-79, 7/17/1979, § 13]
1.
To monitor CATV systems within the Borough of Mifflinburg and to
insure that all requirements are met.
2.
To hold annual public meetings to permit subscribers to express their
views, make suggestions, and voice complaints.
3.
To investigate complaints.
4.
To report annually to the Borough Council of the Borough of Mifflinburg
and make recommendations for improvements and requirements.
5.
To coordinate their activities with neighboring communities serviced
by CATV systems.
6.
To handle any provisions added by amendment to this ordinance under
Section 13 (Section 93 this part) in the future.
