This chapter shall be known and may be cited as the "Cable Television
Ordinance of 1965."
The Borough of Kenhorst is hereby authorized to grant the right
and privilege to any person, persons, firms, corporations or other
business entities qualifying hereunder to construct, erect, operate
and maintain, in, upon, along, across, above, over and under the streets,
alleys, public ways, public places, now laid out or dedicated and
all extensions thereof or additions thereto in said Borough or such
portion thereof as the Borough Council shall determine, poles, wires,
cables, underground conduits, manholes and other television conductors
and fixtures necessary for the maintenance and operation in the Borough
of a cable television system. Said grant of the aforesaid right and
privilege shall be subject, nevertheless, to the following regulations
and conditions hereinafter imposed in this chapter and such other
regulations and conditions as may be imposed from time to time by
the Borough of Kenhorst by appropriate action:
A. Nonexclusive grant. The right to use and occupy said streets, alleys,
public ways and public places for the purpose herein set forth shall
not be exclusive, and the Borough shall have the right to grant such
nonexclusive franchises to any other person, persons, firms, corporations
or other business entities qualifying hereunder at any time.
B. Grant subject to Borough Code. Any grant by the Borough hereunder is subject to all provisions
of the Borough Code of the Commonwealth of Pennsylvania presently
in force and as the same may hereafter be amended, supplemented or
modified.
C. State Highway Department permits. Before any conduits, pipes or other
structures be erected upon, under, or in any portion of any street
or road within the Borough under the control of, or subject to the
provisions of, the rules and regulations of the Pennsylvania Department
of Highways, the franchisee, at his, her, its, or their expense shall
obtain all requisite permits from the Pennsylvania Department of Highways
and shall comply with all the applicable rules and regulations of
the Pennsylvania Department of Highways.
D. Easements and rights-of-way. Any permit issued hereunder by the Borough
shall be subject to the franchisee obtaining any and all necessary
easements, rights-of-way and other grants from any and all property
owners whose property may be affected or encroached upon by the construction,
operation and maintenance of the aforesaid cable television system
of the franchisee.
Any franchisee shall at all times during the term of any franchise
granted hereunder be subject to all of the laws of the United States
of America, the Commonwealth of Pennsylvania, and any and all of the
ordinances and regulations of the Borough of Kenhorst, now in effect,
and such as may be adopted or enacted from time to time hereafter,
and particularly be subject to the following conditions and regulations:
A. Interference. Any system erected, operated and maintained by any
franchisee hereunder shall be so constructed of such materials that
it will absolutely prevent any interference on any television set,
radio, electrical appliance, and any other electronic device of any
resident or occupier of premises within the franchised area and, in
the event that there is any such interference, the franchisee shall
immediately, at its sole cost and expense, eliminate such interference.
If such interference cannot be eliminated within 48 hours, the Borough
shall have the power to suspend operation of any cable television
system franchisee within the Borough until such interference is eliminated.
B. Intentional interference. Any franchisee hereunder shall not intentionally
cause the emanation of any electrical interference which has the property
or ability of interfering with any television set, radio, electrical
appliance or other electronic device, and in the event that any franchisee
hereunder shall intentionally cause said emanations, the franchise
granted to said franchisee shall be immediately revoked and terminated.
Any franchise granted hereunder shall not be assignable except
upon the express authority of the Borough, duly noted upon the minutes
of the Borough Council by a resolution permitting said assignment
and finding that the assignee is qualified under the terms of this
chapter.
Franchisee shall at all times maintain proper and adequate records
of the gross receipts together with records pertaining to its financial
structure and a list of all its subscribers at an office within Berks
County which shall be available at all reasonable times to inspection
by the Borough or its duly designated agent.
Any franchise granted hereunder shall be for the term of one
year; conditioned, however, that said franchise permit is automatically
renewable each year upon the payment of the fees provided hereunder
and compliance with the terms and conditions herein imposed and that
the financial condition of the franchisee shall remain satisfactory
to the Borough. The term "financial condition" shall be interpreted
to mean that the franchisee's condition is such as it will permit
the franchise to perform all of its services to its subscribers.
Franchise permits may be obtained hereunder by any person or
persons or corporation of good repute and of good and sufficient financial
condition upon presentment to the Borough of the following:
B. Address of the applicant;
C. Evidence of financial condition of the applicant and in the event
of a corporation, names of principal stockholders and a financial
statement of the corporation duly certified by a certified public
accountant;
D. Description of the area to be covered by the franchise;
E. Schedule of proposed rates to be charged by the applicant for all
services to be rendered to subscriber, including but not limited to
installation charge, monthly fees, etc.;
F. Application shall be made upon forms supplied by the Borough and
all information requested therein shall be submitted as requested.
Any franchisee hereunder shall immediately upon being granted
a franchise permit submit to the Borough evidence that the franchisee
is insured against liability to the public for injuries to person
and property with any reputable and financially sound insurance company
in an amount not less than $500,000 for any one person and $1,000,000
for any one accident and property damage; and that the Borough shall
also be designated as insured under said policy, insuring the Borough
against any liability which may arise by reason of the issuance of
any franchise permit to any franchisee, or as negotiated from time
to time. Such policy of insurance shall be in full force and effect
during the entire term of the franchise permit.