[Ord. 521, 11/3/1982, § 1]
1.
There is hereby granted by the Township of Elizabeth to Centre Video
Corporation, a Pennsylvania corporation, for a period of 25 years
from the effective date of this Part, the exclusive right and privilege
to construct, erect, operate and maintain in, upon, along, across,
above, over and under the streets, alleys, and public ways as now
laid out or dedicated, and all extensions thereof and additions thereto
in the Township, poles, wires, cables, underground conduits, manholes
and other conductors and fixtures necessary for the construction,
maintenance and operation in the Township of Elizabeth of a community
antenna television and frequency modulation reception system for the
interception, transmission and distribution of radio and television
impulses in accordance with the laws of the United States of America,
the Commonwealth of Pennsylvania, the Township of Elizabeth, and this
Part. At the expiration of 25 years, this franchise shall continue
from year to year, unless prior to the expiration of any term, the
Township shall notify Centre Video Corporation, in writing, that there
shall be no further renewal.
2.
There is hereby further granted to Centre Video Corporation, its
successors and assigns, subject to ordinance, rules, regulations of
the Township of Elizabeth, the right, privilege and authority to lease,
rent, or in any other manner obtain the use of towers, poles, lines,
cables and other equipment and facilities from any and all holders
of public licenses or franchises within the Township and to use such
towers, poles, lines, cables and other equipment and facilities. It
is the intention that all other holders of public licenses and franchises
within the Township shall cooperate with high frequency, as well as
frequency modulation radio reception, provided, however, that if a
federal or state regulatory agency restricts use of any channels then
Centre Video shall not be liable for its incapacity to perform.
[Ord. 521, 11/3/1982, § 2]
Centre Video shall indemnify and save harmless the Township
from all loss, claim or causes of action against the Township on account
of any suit, claim, judgment, execution or demand whatsoever resulting
from any act on the part of Centre Video, in the construction, operation
or maintenance of its television and frequency modulation system in
the Township.
Centre Video shall also indemnify, protect and save harmless
the Township from any and all claims in law or in equity that the
franchise herein granted is illegally granted by the Township and
shall pay all legal expenses incurred by the Township in defending
any claim that the Township acted illegally in granting the franchise.
[Ord. 521, 11/3/1982, § 3]
1.
Centre Video shall at all times keep in effect, the following types
of insurance coverages:
2.
Centre Video shall indemnify, protect and save harmless the Township
from and against losses and physical damage to property, and bodily
injury or death to persons, including payments made under any Workmen's
Compensation Law, which may arise out of or be caused by the erection,
maintenance, operation, presence, use or removal of Centre Video's
equipment or facilities within the Township or by any act of Centre
Video, its agent or employees, and shall carry insurance in the above
described amounts to protect the Township from and against all claims,
demands, actions, judgments, costs, expenses, liabilities, and damages
arising or resulting directly or indirectly from or by reason of such
loss, injury or damage.
3.
All insurance required shall be and remain in full force and effect
for the entire life of the rights granted hereunder. Said policy or
policies of insurance shall be approved by the Solicitor for the Township
and the policy or certificate therefor shall be deposited with the
Township. Further, Centre Video shall assume liability for any losses
in excess of policy limits stated herein.
[Ord. 521, 11/3/1982, § 4]
Centre Video shall have the authority to promulgate such rules
and regulations, terms, and conditions covering the conduct of this
business as shall be reasonably necessary to enable Centre Video to
exercise its rights and perform its obligations under the franchise
and to insure an uninterrupted service to each and all of its customers.
However, such rules and regulations, terms and conditions shall not
be in conflict with the provisions of this contract.
[Ord. 521, 11/3/1982, § 5]
1.
Use – All transmission and distribution structures, lines,
and equipment erected by Centre Video within the Township shall be
so located as to cause minimum interference with the proper use of
the streets, alleys, and other public ways or with the rights or reasonable
convenience of property owners who adjoin any of the said streets,
alleys, or other public ways, and shall not be erected or maintained
so as to constitute a nuisance.
2.
Restoration – In the case of any disturbance, damage or removal
of pavement, sidewalk, driveway or other surfacing, Centre Video shall,
at its own cost and expense and in a manner approved by the Township,
replace and restore all paving, sidewalk, driveway or surface of any
street or alley disturbed, damaged or removed, in as good a condition
as before said work was commenced.
3.
Relocation – In the event that at any time during the period
of this franchise, the Township shall elect to alter, or change the
grade of any street, alley, or other public way, Centre Video, upon
reasonable notice by the Township, shall remove, relay and relocate
its poles, wires, cables, underground conduits, manholes and other
fixtures at its own expense.
4.
Placement of Fixtures – Centre Video shall not place any poles
or other fixtures where the same will interfere with any existing
gas, electric or telephone fixtures, water hydrant or main, and all
such poles, or other fixtures placed in any street shall be placed
at the outer edge of the sidewalk and inside the curb line, and those
placed in alleys shall be placed close to the line of the lot abutting
on said alley, and then in such manner as not to interfere with the
usual travel on said streets, alleys and public ways.
5.
Temporary Removal of Wire for Building Moving – Centre Video,
shall, on the request of any person holding a building moving permit
issued by the Township temporarily raise or lower its wires to permit
the moving of buildings. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting same,
and Centre Video shall have the authority to require payment in advance.
Centre Video shall be given not less than 48 hours advance notice
to arrange for such temporary wire changes.
6.
Tree Trimming – Centre Video shall have the authority to trim
trees upon and overhanging streets, alleys, sidewalks and public places
of the Township so as to prevent the branches of such trees from coming
in contact with the wires and cables of Centre Video; all trimming
to be done under the supervision and direction of the Township and
at the expense of Centre Video.
7.
Placement of Wires – No placement of wires shall in any way
interfere with the furnishing of any utility service of the Township
fire alarm system. If any such interference is found, the Township
may take such action as it deems necessary to alleviate such condition
and shall charge the cost thereof to Centre Video.
[Ord. 521, 11/3/1982, § 6]
Neither Centre Video, nor its employees, shall engage in the
business of either television sales or repair, apart from that work
incidental to its operation under the terms of this Part.
[Ord. 521, 11/3/1982, § 7]
1.
The Grantee shall have the right to charge and collect compensation
from its subscribers for services rendered hereunder, including, without
being limited to, monthly or other periodic service charges, and compensation
for connecting, reconnecting, inspecting, modifying, repairing, or
servicing any installation; provided, however, that copies of its
subscriptions agreements and schedules of charges shall be filed with
the Township.
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TCI CABLE TELEVISION BASIC RATES EFFECTIVE MARCH 1, 1987[1]
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|---|---|---|
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MONTHLY SERVICE
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RATES
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Basic Service
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$12.00
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Additional Outlets
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No Charge
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First Converter Rental
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No Charge
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Additional Converter Rental
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$1.50
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Remote Control Rental
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$3.00
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Monthly Program Guide
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No Charge
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[1]
Editor's Note: Since the Township no longer regulates CATV
rates, via a vis the Federal Communications Policy Act, these rates
simply reflect the current rate schedule submitted by TCI.
2.
Future Rate Adjustments – The preceding rates may be increased
annually by a maximum of 7% provided, however, that this percentage
does not exceed the percentage increase of the Consumer Price Index
(C.P.I.) for the preceding year. The first such annual increase may
be instituted 12 months after establishment of the $6.95 basic monthly
rate. Adjustments which exceed 7% limit may be instituted only with
prior approval of the Board of Commissioners and/or if required, after
an appropriate public proceeding affording due process. The company
may seek such approval of the Township and rates approved in this
manner shall remain in effect for not less than 12 calendar months
after the effective date unless otherwise approved through negotiation.
The Board's approval of such requested rate increase shall not
be unreasonably withheld, thereby enabling the Grantee to receive
a fair rate of return on its investment.
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In the event rates or charges for the services herein provided
become regulated by any state or federal regulatory body or agency,
the rates set forth by the regulatory body or agency shall govern
for the balance of the contract and this agreement shall be considered
as amended so as to incorporate such rates.
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[Ord. 521, 11/3/1982, § 8]
1.
In consideration of the franchise granted to Centre Video Corporation,
the Grantee agrees to pay the Township a franchise fee calculated
at 3% of the basic monthly subscriber revenue generated by cable subscribers
in Elizabeth Township until such time as the $6.95 basic monthly rate
is established. The date on which the $6.95 rate is established shall
also be the date on which the Grantee shall begin to compute the franchise
fee at a rate of 3% of gross annual subscriber revenue generated in
Elizabeth Township.
2.
Centre Video shall file with the Township within 60 days after the expiration of each calendar year, a statement prepared by a Certified Public Accountant showing the subscription receipts as defined herein. Within 15 days after filing such statement, Centre Video shall pay any unpaid balance for the calendar year covered by such statement, together with any additional payment required under subsection 3. The Township shall have the right at any reasonable time to inspect the books of Centre Video relative to customer's services and fees received.
3.
In each calendar year after the first calendar year in which payments
for services provided within the Township are received by Centre Video,
Centre Video shall guarantee to pay the Township any sum due under
the franchise granted under this Part 2 agreement.
4.
Centre Video shall provide free main installations for all schools,
libraries, hospital, police, municipal buildings, and fire halls within
the service area, making no charge whatsoever, either for main installation
or monthly rentals. In the event that one connection is required at
any of the aforesaid buildings, then and in that event Centre Video
shall make such additional installations at their cost price. In the
event that a concessionaire is operating for profit a television rental
service in any installation which would otherwise pay no charge for
installation or monthly service, any provision in this Part exempting
or excusing the installation from payment shall be considered void
and of no effect, except as to area not affected by the concession.
5.
The system will be made available to the Township during periods
of national and local emergencies for public announcements or for
use as a vital Township-wide emergency communications network at no
cost to the Township.
6.
Centre Video will maintain the entire system in perfect operating
condition and there will never be any service charge for the maintenance
of the system that will be imposed either on the subscriber or the
Township.
7.
In public housing for the elderly, the same conditions will apply
for additional installation, and Centre Video will provide free of
charge a television receiver for the activities room. Centre Video
will also provide television service to all units within the project
at a negotiated fee which will be less than the individual monthly
rental.
[Ord. 521, 11/3/1982, § 9]
Centre Video shall proceed as soon as possible and with due
diligence to obtain all necessary permits, authorizations, and agreements
required in the conduct of its business. Thereafter, Centre Video
shall commence the installation of its system, which shall be capable
of distributing no less than eight and up to 12 television channels
in both color and black and white reception of high quality, and shall
proceed with due diligence to render efficient service to subscribers
following installation of its system.
[Ord. 521, 11/3/1982, § 10]
When the franchise term granted herein expires and is not renewed,
or is terminated for noncompliance with the terms of this Part, the
franchise holder shall remove all portions of its installations at
no cost to the Township of Elizabeth, upon receipt of a written request
to remove same.
[Ord. 521, 11/3/1982, § 11]
All "letters of understanding" required by previous sections
of this agreement and subsequent, mutually agreed to, supplemental
documents shall be incorporated into and become an integral part of
this Part. Also, mutually accepted written material titled "addendum"
or "exhibit" are appropriate for inclusion under the intent of this
section. Such exhibits shall include, but not be limited to exhibits
"A", "B", "C", "D", "E", "F" and "G". [These exhibits are on file
at the Township office.]
[Ord. 521, 11/3/1982, § 12]
Monies in the form of rate increases to which the Grantee is
entitled according to the terms of this agreement, but which are not
assigned to the subscribers monthly rate, may be held in reserve.
Such monies may be drawn upon and instituted as part of a future rate
adjustment, thereby enabling the Grantee to establish "rounded" rate
figures or cover increased operating costs or the cost of required
expenditures.
[Ord. 645, 11/1/1993, § B]
As used in this subpart, the following terms shall have the
following meanings:
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other items of regulated programming
service and/or unregulated service. Equipment shall include, but not
be limited to, (a) converter boxes; (b) remote control units; (c)
connections for additional television receivers; and (d) other cable
home wiring.
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public education and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video programming signals, a service added to the basic tier by the
cable operator.
The rate charged by a cable operator for basic service, and
associated equipment costs.
Any person or group of persons (a) that provides cable service
over a cable system and directly or through one or more affiliates
owns a significant interest in such cable system, or (b) who otherwise
owns, controls or is responsible for, through any arrangement, the
management and operation of a cable system.
(a) The one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and (b) subscriber
interaction, if any, which is required for the selection of such video
programming or other programming service.
A facility, consisting of a set of closed transmission paths
and associated signal generation, receipt and control equipment that
is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but does not include (a) a facility that serves only to retransmit
the television signals of one or more television broadcast stations,
(b) a facility that serves only subscribers in one or more multiple
unit dwellings under common ownership, control or management, unless
such facility uses any public right-of-way, (c) a facility of a common
carrier except to the extent that such facility is used in the transmission
of video programming directly to subscribers, or (d) any facilities
of any electric utility used solely for operating its electric utility
systems.
The Federal Communications Commission.
The Federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992 and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.
The Township of Elizabeth.
[Ord. 645, 11/1/1993, § C]
1.
Appointment and Powers of Compliance Officer.
A.
For the administration of this subpart, a Compliance officer, who
shall not hold any elective office in the Township, shall be appointed
by the Township of Elizabeth.
B.
The Compliance Officer shall meet the qualifications established
by the Township of Elizabeth and shall be able to demonstrate to the
satisfaction of the Township of Elizabeth a working knowledge of cable
regulations under the Federal law and this subpart.
C.
The Compliance Officer shall administer this subpart in accordance
with its literal terms.
2.
Duties of Compliance. The Compliance Officer shall be responsible
for:
A.
Taking such action on behalf of the Township as may from time to
time be required to obtain or maintain the Township's certification
to regulate basic service rates.
B.
Notifying all cable operators serving the Township of Elizabeth when
the Township has been certified by the FCC to regulate basic service
rates.
C.
Notifying all cable operators serving the Township that the Township
intends to enforce the minimum customer service standards established
by the Federal Law.
D.
Making all filings required or permitted to be made on the FCC by
the Township pursuant to the Federal law, subject to oversight and
control of the Board of Supervisors.
E.
Receiving, filing in the public records of the Township, reviewing
for completeness, and placing submissions, petitions and other filings
required or permitted to be made to the Township pursuant to the Federal
law. All submissions, petitions and other filings made to the Township
pursuant to the Federal law shall be made via first class mail, postage
prepaid, to the following address:
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Township of Elizabeth
Compliance Officer
522 Rock Run Road
Buena Vista, PA 15018
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F.
Receiving and transmitting to the proper officer of the Township
any filing fee paid pursuant to this Part. The filing fees shall be
$50.00 per each filing required hereunder or under Federal law or
any filing desired by the cable operator.
G.
Enforcing the provisions of this subpart and all decisions of the
Township made hereunder to the fullest extent permitted by the Federal
law, subject to the oversight and control of the Township.
H.
Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the Township, to protect the
right of the Township to regulate cable television to the fullest
extent permitted by the Federal law.
[Ord. 645, 11/1/1993, § D]
1.
Regulation of Basic Rates. The Township of Elizabeth shall regulate
basic service rates in accordance with the substantive and procedural
provisions of the Federal law and any applicable State law or regulations
or local ordinances.
2.
Duties of Cable Operators.
A.
Within 30 days of receiving written notification from the Township
that the regulate rates for the basic service, a cable operator shall
file its schedule of rates for the basic service and associated equipment
with the Township of Elizabeth (together with the fee specified by
§ 222(2)(F)).
B.
At least 30 days prior to increasing its rates for the basic service,
a cable operator shall notify each subscriber of the proposed rate
increase and shall file a notice of its proposed rate increase with
the Township of Elizabeth (together with the fee specified by § 222(2)(F)).
C.
At the time of filing a schedule of rates or a proposed rate increase
with the Township of Elizabeth, a cable operator shall (a) publish
a summary of rates or rate increase in a local newspaper for at [least]
three consecutive days, and (b) cablecast a summary of rates or rate
increases on its public information channel, at least twice daily
at such times are reasonably expected to reach the largest audience,
over a three day period, in each case notifying interested parties
that they must submit written comments by a date certain (within 15
days of the cable operator's filing with the Township of Elizabeth
at the appropriate address).
D.
A cable operator shall comply with all orders of the Township of
Elizabeth except that a cable operator shall not be required to comply
with an order if the cable operator demonstrates that complying with
the order would require the cable operator to disclose proprietary
information.
3.
Duties of the Township of Elizabeth.
A.
Upon receipt of cable operator's schedule of rates or a proposed
rate increase, the Township shall cablecast a summary of the rates
or rate increases on the channel(s) allocated to the Township, at
least twice daily at such times as are reasonably expected to reach
the largest audience, over a three day period, along with a notice
that interested parties shall submit written comments to the Township
by a date certain (within 15 days of the cable operator's filing
with the Township, at the appropriate address).
B.
The Township shall make any decision on the reasonableness of current
basic service rates and proposed rate increases pursuant to the procedural
substantive provisions of the Federal law.
C.
In making a decision on the reasonableness of current basic service
rates or proposed rate increase, the Township of Elizabeth shall have
the authority to compel the production of proprietary information
from cable operators, and in such circumstances, the Township of Elizabeth
shall be subject to the confidentiality provisions set forth elsewhere
in this subpart.
4.
Enforcement. In rendering its decisions, the Township shall have
the full authority granted to it pursuant to the Federal law to order
a cable operator to take any and all actions as the Federal law permits,
including, without limitation:
A.
Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the Federal law.
B.
Prescribing a reasonable rate for the basic tier or associated equipment
after it determines that a proposed rate is unreasonable.
C.
Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost of service showing which justifies the rate charged
as reasonable. Before ordering such a refund, however, the Township
shall give the operator notice, and shall give the operator 15 days
from the date such notice is given, to submit written comments to
the Township. Any such refund order shall be further subject to the
limitations contained in the Federal law.
5.
Penalties. In the event that a cable operator does not comply with
a decision made pursuant to this subpart and directed specifically
toward the cable operator, the Township of Elizabeth may assess a
fine against the cable operator as follows:
[Ord. 645, 11/1/1995, § E]
1.
Federal Minimum Customer Service Standard Adopted. It is the intent
of the Township to enforce the following minimum customer service
standards as established by the Federal law:
A.
Cable System Office Hours and Telephone Availability.
(1)
The cable operator will maintain a local, toll-free or collect
call telephone access line which will be available to its subscribers
24 hours a day, seven days a week.
(a)
Trained company representatives will be available to respond
to customer telephone inquires during normal business hours.
(b)
After normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be responded
to by a trained company representative on the next business day.
(2)
Under normal operating conditions, telephone answer time by
a customer representative, including wait time, shall not exceed 30
seconds. These standards shall be met no less than 90 percent of the
time under normal operating conditions, measured on a quarterly basis.
(3)
The operator will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards
above unless an historical record of complaints indicates a clear
failure to comply.
(4)
Under normal operating conditions, the customer will receive
a busy signal less than three percent of the time.
(5)
Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently located.
B.
Installations, Outages and Service Calls. Under normal operating
conditions, each of the following four standards will be met no less
than 95 percent of the time measured on a quarterly basis:
(1)
Standard installations will be performed within seven business
days after an order has been placed. "Standard installations" are
those that are located up to 125 feet from the existing distribution
system.
(2)
Excluding conditions beyond the control of the operator, the
cable operator will begin working on "service interruptions" promptly
and in no event later than 24 hours after the interruption becomes
known. The cable operator must begin action to correct other service
problems the next business day after notification of the service problem.
(3)
The "appointment window" alternatives for installations, service
calls and other installation activities will be either a specific
time or, at maximum, a four hour time block during normal business
hours. (The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer).
(4)
An operator may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled appointment.
(5)
If a cable operator representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,
the customer will be contacted. The appointment will be rescheduled,
as necessary, at a time which is convenient for the customer.
C.
Communications Between Cable Operators and Cable Subscribers.
(1)
Notification to Subscribers.
(a)
The cable operator shall provide written information on each
of the following areas at the time of installation of service, at
least annually to all subscribers, and at any time upon request:
1)
Products and services offered.
2)
Installation and service maintenance policies.
3)
Installation and service maintenance policies.
4)
Instructions on how to use the cable service.
5)
Channel positions of programming carried on the system.
6)
Billing and complaint procedures, including the address and
telephone number of the local franchise authority's cable office.
(b)
Billing.
1)
Bills will be clear, concise and understandable. Bills must
be fully itemized, with itemizations including, but not limited to,
basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
2)
In case of a billing dispute, the cable operator must respond
to a written compliant from a subscriber within 30 days.
(d)
Credits. Credits for service will be issued no later than the
customer's next billing cycle following the determination that
a credit is warranted.
(e)
NORMAL BUSINESS HOURS
NORMAL OPERATING HOURS
SERVICE INTERRUPTION
Definitions.
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, "normal business hours"
must include some evening hours at least one night per week and/or
some weekend hours.
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operation include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the cable operator include, but are not limited
to, special conditions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
The loss of picture or sound on one or more cable channels.
(2)
Enforcement. In furtherance thereof, the compliance officer,
90 days after giving notice to the cable operators of the Township's
intent to enforce these standards, shall have the authority and responsibility
to enforce these standards to the fullest extent permitted by the
Federal law and in accordance with all substantive and procedural
requirements of the Federal law. In furtherance thereof, the Compliance
Officer may make any and all such orders and assess any and all such
penalties for violations of these standards as are permitted by the
Federal law, subject to the oversight and control of the Township,
including without limitation:
(3)
Other Customer Service Standards Not Affected. All other customer
service standards, whether established by franchise agreement, State
law or regulation or local ordinance, and whether now or hereafter
enacted, shall remain in full force and effect to the extent that
such other customer service standards are not preempted by the Federal
law.
