[Ord. No. 2003-12, 9-21-2003]
For purposes of this article, terms, phrases, words and abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C. 521 et seq., unless otherwise defined in this article.
[Ord. No. 2003-12, 9-21-2003]
The purpose of this article is to provide fair regulation of cable service in the Township in the interest of the public; to promote and encourage adequate, economical and efficient cable service to the residents of the Township; to promote and to encourage harmony between cable television companies and their subscribers; and to provide for the furnishing of cable television system service to the residents of the Township without unjust discrimination, undue preferences or advantages.
[Ord. No. 2003-12, 9-21-2003; as amended by Ord. No. 2019-15, 10-6-2019]
(a) 
The Township shall establish a commission to be known as the "Meridian Township Cable Communications Commission." The Township Board shall solicit from the public and from the franchisee names of persons interested in serving on the Commission but is not limited to names submitted.
(b) 
The Commission consists of five residents of the Township appointed by the Township Board. Each member shall serve a term of three years. Any vacancy in the office shall be filled by the Township Board for the remainder of the term. No employee or person with an ownership interest in a cable television franchise granted pursuant to this article shall be eligible for membership on the Commission. Members of the Commission may be compensated at a rate to be determined by the Township. Such rate of compensation, if any, may be established and may be revised, from time to time, by resolution of the Township Board.
(c) 
Subject to federal and state law, the Commission, in addition to the functions and responsibilities that the Township Board may delegate to it from time to time by resolution, shall have the following functions:
(1) 
Discuss this article and franchises with prospective franchise applicants.
(2) 
Advise the Township Board on applications for franchises.
(3) 
Advise the Township Board on matters that might constitute grounds for revocation of a franchise under this article.
(4) 
Recommend to the Township Board, after hearing, resolutions of disputes between franchisees, between franchisee(s) and subscribers, between franchisee(s) and access users, and between access users.
(5) 
Advise the Township Board on the regulation of rates under this article and make recommendations on requested changes in rates, services or classifications.
(6) 
Recommend to the Township Board general policy relating to access channels with a view to maximizing the diversity of programs and services to subscribers.
(7) 
Encourage the use of access channels by institutions, groups and individuals within the Township. The Commission shall operate a government access channel and use franchise fees to administer this article. Such funds shall be allocated based on the Township's approved budget and budget/appropriations resolution.
(8) 
Encourage and supervise interconnection of systems.
(9) 
Review and report to the Township Board concerning records and reports that the franchisee is required to submit under this article.
(10) 
Annually prepare a proposed budget and submit that proposed budget to the Township Board for its consideration and adoption. Prior to adopting a budget for the Commission, the Township Board shall conduct a public hearing. The Commission shall also prepare and submit to the Township Board an annual report, including an accounting of budgeted fees received and distributed by the Commission and a report of the type and amount of use of access channels.
(11) 
Conduct evaluations of the system at least every three years and make recommendations to the Township Board regarding amendments to this article or to the franchise agreement.
[Ord. No. 2003-12, 9-21-2003]
Any person granted a franchise pursuant to this article shall have no recourse whatsoever against the Township, its officers, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of this article or its enforcement except as allowed by 47 USC 555a, as amended.
[Ord. No. 2003-12, 9-21-2003]
Any right or privilege granted to any person under this article to use or occupy any street, alley, public right-of-way or public place shall be subordinate to any prior lawful occupancy of such property. Nothing in this article shall be construed as limiting in any way the Township in the lawful exercise of the police power.
[Ord. No. 2003-12, 9-21-2003]
In order to achieve a uniform, comprehensive, Township-wide standard of service, the grant of any special use permit pursuant to this Code shall be conditioned upon satisfactory completion of all necessary easements, licenses and arrangements to permit a connection in each dwelling unit to a cable system, open video system or other multichannel video provider using or occupying the public right-of-way duly franchised by the Township Board.
[Ord. No. 2003-12, 9-21-2003]
(a) 
Subject to federal law, the Township Board, or any person or department designated by it, shall, upon its own motion or upon complaint of any person or subscriber of a grantee, have authority to hear and determine all complaints concerning the rates, charges, rules, regulations, practices, quality of service rendered or refused to be rendered, equipment furnished or refused to be furnished, or any other matter relating to the service or operation of the cable system or any person franchised under the terms of this article.
(b) 
Upon the filing of any complaint against any grantee pursuant to the preceding subsection, the Township Board shall give such person at least 20 days’ notice of the time and place of a hearing to be given such person upon the matters alleged in the complaint. Subject to federal law, the Township Board shall have the power to order such changes in the rates, charges, rules, regulations, services, equipment or other matters relating to the service or operation of the grantee as in its judgment, based upon the record of the hearing and findings of fact made thereon, appear to be just, reasonable and lawful based upon the record of the hearing and the board's findings of fact.
(c) 
Every grantee a franchise pursuant to this article shall have a business office conveniently located for residents of the Township, suitably staffed for the purpose among others of receiving and investigating complaints, dealing with its subscribers, receiving payment for service and otherwise conducting business, unless otherwise provided in the franchise agreement.