Borough of Hanover, PA Chapter 164 Cable Television

[HISTORY: Adopted by the Borough of Hanover 10-19-1966 by Ord. No. 1331. Amendments noted where applicable.]

§ 164-1 Short title.

This chapter shall be known and may be cited as the "Hanover Borough CATV Franchise Ordinance."

§ 164-2 Definitions; word usage.

A. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

BOROUGH

The Borough of Hanover.

CATV

An abbreviation for Community Antenna Television.

COMPANIES

Cable TV of York and such other companies as Hanover Borough Council may designate from time to time.

[Amended 10-16-1974 by Ord. No. 1620; 12-17-1986 by Ord. No. 1822; 10-28-1998 by Ord. No. 2016]

COUNCIL

The Borough Council of the Borough of Hanover.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

B. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

§ 164-3 Grant of authority.

There is hereby granted by the Borough to the companies the 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, 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 video and/or audio signals, subject to the conditions hereinafter set forth.[1]

A. Erection of poles. No poles shall be erected within the Borough by the companies without the express authorization of Council. The companies shall arrange to use the poles of the public utilities companies for the distribution of said video and/or audio signals, and in areas within the Borough where underground utility lines are installed, the companies shall likewise make underground installations.

B. Service date. It is expressly understood and agreed by and between the companies and the Borough that the companies shall have completed installation of the necessary wires, cables, underground conduits, manholes and other television conductors and fixtures for the rendering of community television services to not less than 90% of the residential buildings within the Borough within 18 months from the granting of this franchise. Time shall be of the essence as to this agreement. However, the companies will be granted additional time for the following delays:

(1) Delay in the granting of suitable pole attachment agreements by the respective utilities.

(2) Delay in the completion of the "makeready" by the respective utilities.

(3) Delay resulting from regulations of federal or state agencies.

(4) Delay resulting from legal actions.

[1] Editor's Note: Original Subsection A, Exclusive grant, was repealed 12-17-1986 by Ord. No. 1822.

§ 164-4 Compliance with applicable laws and ordinances.

The companies shall, at all times during the term of this franchise, be subject to all of the laws, ordinances, rules and regulations now in force or hereafter adopted by any federal and Commonwealth of Pennsylvania agency having jurisdiction, and the Borough and all the provisions hereof shall be subject to the laws, ordinances, rules and regulations of said regulatory agencies.

§ 164-5 Companies' liability; indemnification.

It is expressly understood and agreed by and between the companies and the Borough that the companies shall save the Borough harmless from all loss sustained by the Borough on account of any suit, judgment, execution, claim or demand whatsoever arising out of the construction, operation and maintenance by the companies of the community television system permitted by this chapter to be erected, operated and maintained. The companies each agree to maintain and keep in full force and effect, at all times during the term of this franchise, sufficient liability insurance coverage to protect the Borough against any such claims, suits, judgments, executions or demands, in a sum not less than $100,000 per person in any one claim, $300,000 as to any one accident or occurrence, and not less than $100,000 for property damage as to any one accident or occurrence.

§ 164-6 Performance bond.

[Amended 8-21-1974 by Ord. No. 1619]

The companies shall each furnish a bond to the Borough in the sum of $10,000 to assure the compliance with the conditions herein set forth, which bond shall remain in full force and effect throughout the term of this franchise.

§ 164-7 Service standards.

A. The companies shall maintain and operate their system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Council as provided for in § 164-10 of this chapter, or by any federal and Commonwealth of Pennsylvania agency having jurisdiction.

B. Notice of interruption for repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the companies shall do so at such time as will cause the least amount of inconvenience to their customers, and unless such interruption is unforeseen and immediately necessary, companies shall give reasonable notice thereof to their customers.

§ 164-8 Condition on street occupancy.

All transmission and distribution structures, lines and equipment erected by the companies within the Borough shall be so located as to cause no interference with the proper use of streets, alleys and other public ways and places, and to cause no interference with the rights of reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places.

§ 164-9 Approval of transfer.

The companies shall not sell or transfer their plants or systems to another, nor transfer any rights under this franchise to another without Council approval.

§ 164-10 Borough's rights in franchise.

A. Borough rules. The right is hereby reserved to the Borough to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as the Borough shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted and shall not be in conflict with the laws of the Commonwealth of Pennsylvania or the United States government.

B. Use of system by school district. The companies shall provide a single-service drop to each elementary and secondary school building within the Borough of Hanover on a no-charge basis for the services or the installation thereof; and companies shall each assign one channel to the School District of Hanover Borough as an educational channel for use by the School District of Hanover Borough. The educational channel assigned to the School District of Hanover Borough shall originate in the studios at the Hanover High School and be connected to the CATV system on a no-charge basis.

C. Supervision and inspection. The Borough shall have the right to supervise all construction or installation work performed subject to the provisions of this chapter and to make such inspections as it shall find necessary to ensure compliance with governing ordinances.

D. Franchise fee. The Borough of Hanover retains the right to assess a franchise fee or tax on services rendered within the Borough of Hanover by the companies up to the maximum extent allowed by state and federal law as the same may be amended from time to time. Said fee can be enacted during any year during the term of a franchise and increased or reduced as the Hanover Borough Council believes to be in the best interest of the Borough of Hanover.

[Added 12-17-1986 by Ord. No. 1822]

§ 164-11 Term of franchise; public hearing.

[Amended 12-17-1986 by Ord. No. 1822]

A. The franchise and rights herein granted shall take effect and be in force from and after the enactment hereof, as required by law, provided that companies shall make application for this franchise and file an acceptance of the terms herein specified within 10 days from the enactment hereof, and shall continue in force and effect for a term of 20 years after the effective date of this franchise.

B. As a condition of this franchise right, the following public hearings may be required annually by the Borough Council of Hanover.

(1) A public hearing to obtain citizen comments regarding service rendered Hanover Borough residents and the companies' plans to change service in the upcoming year.

§ 164-12 Publication costs.

[Amended 12-17-1986 by Ord. No. 1822]

The companies shall assume the costs of publication of this franchise as well as any franchise renewals, amendments or proceeding notices as the same may be enacted from time to time as such publication is required by law. A bill for publication costs shall be presented to the companies by the Borough Secretary.

§ 164-13 Removal.

Should the companies, for any reason, cease to provide a community television service as herein provided for, whether the same occurs during the term of this franchise or by virtue of the expiration thereof, the companies shall remove all their wires, cables, underground conduits, manholes and other television conductors and fixtures within a period of 90 days therefrom.

§ 164-14 Insurance and bonds.

All insurance policies and bonds required by this chapter shall be written by a company or companies authorized and qualified to do business in the Commonwealth of Pennsylvania. Certificates of all coverage required by this chapter shall be promptly filed with the Borough Secretary.

§ 164-15 Forfeiture.

Should any of the companies violate any of the provisions of this chapter or fail to promptly perform any of the requirements hereof, then upon failure by such company to remedy the same within 30 days after written notice has been given to it by the Borough, such company shall forfeit all of its rights hereunder.

§ 164-16 Extension of conditions.

[Added 12-17-1986 by Ord. No. 1822]

All conditions and requirements of the originally ordained franchise, as amended, not herein amended are extended into the new franchise period and remain conditions of the new franchise and remain in full force and effect subject to the new franchise.