[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 4-8-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Lewistown Cable Television Ordinance."
This chapter is subordinate to and shall be construed in light
of the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications
Act of 1996, and the regulations of the Federal Communications Commission,
as supplemented and amended from time to time, or successor laws or
regulations then in effect, hereafter referred to as the "Cable Act."
No person, partnership, firm, association, organization, trust,
corporation or other entity shall install or operate a cable system,
as defined by the Cable Act, within the Borough of Lewistown without
a franchise.
A.Â
Any person, partnership, firm, association, organization, trust,
corporation or other entity who wishes to operate a cable system within
the Borough of Lewistown shall submit a written franchise proposal
to Borough Council.
B.Â
Upon the submission to Borough Council of such a proposal, the President
of Borough Council shall refer the proposal to the Utilities, Cable
Television and Public Works Committee for review and recommendation.
The Committee shall meet and review the proposal, obtain such additional
information as the Committee deems necessary, negotiate terms, and
submit a recommendation to Council that the franchise be granted or
not granted.
C.Â
Upon receipt of the recommendation of the Committee and after any
public hearing required by law, Borough Council shall take action
on the proposed franchise by approving or disapproving of the issuance
of a franchise.
D.Â
In approving the issuance of a franchise, Council may impose such
reasonable conditions and safeguards as it deems appropriate and require
such bonds, insurances, indemnification agreements, as are consistent
with Pennsylvania and federal law.
Any person, partnership, firm, association, organization, trust,
corporation or other entity operating a cable system within the Borough
of Lewistown shall pay the Borough a franchise fee.
The procedure for the renewal of a franchise shall be that set
forth in the Cable Act.
Nothing in this chapter or in any franchise issued by the Borough
of Lewistown shall preclude the Borough from revoking a franchise
for cause. The procedure for the revocation of a franchise shall be
that set forth in the Cable Act and any relevant franchise agreement.
