[Adopted 8-27-1991 by Ord. No. 91-31; amended in its entirety 5-12-2015 by Ord. No. 2015-9]
This article will hereafter be known as the Millcreek Township
Cable Franchise Ordinance ("Ordinance").
The purpose of this article is:
A.
To authorize the Township of Millcreek to set forth the process for
the franchising and regulation of any cable system within its geographical
boundaries;
B.
To create a uniform process by which all cable operators seeking
to provide cable service to the Township shall follow in making application
for a cable franchise;
C.
To protect the health, safety, and welfare or the Township's
citizens; and
D.
To maintain the integrity of Township property.
A.
Where not defined in this or in another Millcreek Township ordinance
or applicable Pennsylvania or federal statute, terms shall be given
their ordinary, customary and common meaning.
B.
CABLE ACT
CABLE OPERATOR
CABLE SERVICE
CABLE SYSTEM
(1)
(2)
(3)
(4)
(5)
FCC
FRANCHISE
FRANCHISEE
FRANCHISING AUTHORITY
Terms defined. The following words, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates otherwise:
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, and as hereafter amended (47
U.S.C. § 521 et seq., as hereafter amended).
Any person or group of persons:
The one-way transmission to subscribers of video programming
or other programming service and subscriber interaction, if any, which
is required for the selection of use of such video programming or
other programming service.
A facility consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment
that is designed to provide cable service, which includes video programming
and which is provided to multiple subscribers within the Township,
but such term does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves subscribers without using any public
right-of-way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility shall be considered a cable system (other
than for purposes of Section 621 of the Cable Act) to the extent that
facility is used in the transmission of video programming directly
to subscribers, unless the extent of that use is solely to provide
interactive on-demand services;
An open video system that complies with Section 653 of the Cable
Act; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
The Federal Communications Commission.
The right granted by the Township to construct, operate and
maintain a cable system within the corporate limits of the Township
as further embodied in the terms and conditions of a cable franchise
agreement.
A person, firm, or corporation that is awarded a Franchise
by the Township Board of Supervisors to construct, operate, and maintain
a cable system in all, or part of, the Township.
Any governmental entity empowered by federal, state, or local
law to grant a franchise.
As set forth in Section 621(a)(1) of the Cable Act (47 U.S.C.
§ 541), the Township has the legal authority to award one
or more cable franchises within its jurisdiction; except that it may
not grant an exclusive franchise and may not unreasonably refuse to
award an additional competitive franchise.
The Township, by granting any franchise or taking any other
action pursuant to this article, does not waive, reduce, lesson or
impair the lawful police powers vested in the Township under applicable
federal, state, and local laws and regulations.
No cable operator shall install, maintain, or operate within
the Township or any of its public streets or other public areas any
equipment or facilities for the operation of a cable system without
first obtaining a franchise from the Township authorizing the use
of public streets or areas which has first been obtained pursuant
to the provisions of this article and unless said franchise is in
full force and effect. Such franchise shall contain all of the terms
and conditions as set forth in a cable franchise agreement as required
by ordinance.
A.
Any cable operator desiring to construct, operate, and maintain a
new cable system within the Township must first file an application
with the Township Board of Supervisors, which shall contain such information
as the Township may require.
B.
The application must be accompanied by a $1,000 filing fee to defray
the cost of expenses or incurred by the Township in acting upon such
applications. The Board of Supervisors is authorized, by resolution,
to amend or adjust the amount of the application fee from time to
time.
C.
Any franchise granted by the Township shall be in accordance with
Section 621 of the Cable Act, General Franchise Requirements (47 U.S.C.
§ 541), and a franchise agreement which must be executed
by both the franchisee and Township.
A franchisee seeking renewal of a franchise may, on such franchisee's
initiative, or upon the initiative of the Township, submit a request
to the Township in writing for a cable franchise renewal agreement.
Such request for renewal, as well as the entire franchise renewal
process, shall comply with the terms and provisions of Section 626
of the Cable Act, Renewal (47 U.S.C. § 546).
Before authorizing the issuance of any cable franchise, including
initial franchises or renewals, the Township shall conduct a public
hearing to obtain citizen comments. The Township shall also review
the applicant's financial and technical qualifications, and adequacy
and feasibility of its qualifications to operate a cable system. In
the case of renewals, the Township shall also identify the future
cable-related community needs and interests, and review the past performance
of the cable operator during the then-current franchise term. Such
public hearing shall be scheduled after affording the public adequate
notice and opportunity for comment.
Any cable franchise agreement entered into between the Township
and a franchisee shall contain, but is not limited to, the following
provisions: length of franchise term; franchise fee provisions; construction,
operation, and maintenance standards; customer service standards;
right-of-way protections; reporting requirements; insurance requirements;
indemnification provisions; PEG access channel provisions (should
the Township wish to operate one or more access channels); performance
bond or other form of security; penalties for breach of franchise
agreement; provisions for transfer and assignment of franchise; and
any other terms which are deemed by the Township Board to be in the
best interests of the Township's residents.
At the time of the enactment of this article, the Township operates
educational and governmental (EG) programming channels. Pursuant to
this article, the decision to operate EG access channels, or to cease
operating an EG access channel, shall be vested fully within the control
of the Township Board of Supervisors. Should the Township continue
to operate one or more EG channels, all decisions regarding the administration
of the channels shall be vested fully within the control of the Township's
Board of Supervisors.
A cable operator shall not transfer, assign or otherwise encumber,
through its own actions or by operation of law, its right, title or
interest in any franchise awarded pursuant to this article without
the prior written consent of the Township's Board of Supervisors
and according to the applicable provisions set forth in the corresponding
cable franchise agreement.
The Township Board of Supervisors, in its sole discretion, may
create a cable advisory committee should it deem that such a committee
would benefit the cable franchise process. The Township Board has
the authority to appoint members to such a committee and shall determine
how many members should serve and the length of each member's
term. Should a cable advisory committee be created, its role would
be purely advisory, and the Board of Supervisors would not be bound
by its recommendations.
A.
Notice of violation or default. In the event a determination is made that a cable operator has violated any provision of this article, the Township shall provide such cable operator written notice of the determination and the reasons thereof. Except in the case of emergency, the cable operator shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the cable operator has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, cable operator shall be subject to the penalties set forth in Subsection C below.
C.
Penalties for violation. Any cable operator found by the Magisterial
District Judge or other court having jurisdiction to have violated
any provision of this article shall be subject, upon conviction, to
a fine not exceeding $600 for each and every offense, together with
attorneys' fees and costs. Each day a violation continues shall
constitute and be deemed a separate violation.
D.
Additional remedies. In addition to an action to enforce any penalty
imposed by this section of this article, the Township may exercise
any and all legal and equitable remedies available to it to secure
enforcement of and compliance with this article and a franchise agreement,
including but not limited to injunctive relief.
