[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-8-2001 by Ord.
No. 523]
As used in this article, the following terms shall have the
meanings indicated:
Cable Television Consumer Protection and Competition Act,
Pub. L. No. 102-385, 106 Stat. 1460 (1992).
Each cable television operator who is or becomes a party
to a franchise agreement with the franchising authority.
Those standards governing customer service which are prescribed
by the FCC existing on the effective date of this article and as may
be hereafter amended and may be enforced by the franchising authority.
The Federal Communications Commission.
The agreement between a cable operator and the franchising
authority, pursuant to which the cable operator was granted a franchise
to offer cable television services to subscribers.
Borough of Blawnox, Allegheny County, Pennsylvania.
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
A.
Within 90 days of receipt by cable operator of written notice from
the franchising authority of the franchising authority's intention
to monitor and enforce the customer service standards adopted by the
FCC, cable operator shall comply with said standards.
B.
At the next billing cycle after receipt of said notice, as to its
existing subscribers, and at or prior to the time of installation
for new subscribers, cable operator shall provide its subscribers
with notice of its customer service standards, and shall provide said
subscribers with the name of the franchising authority and contact
person for said franchising authority that the subscriber should contact
to report any violation or alleged violation of said customer service
standards.
C.
The franchising authority, upon receipt of a complaint of an alleged
violation of the customer service standards, or upon discovery of
a violation on its own accord, shall provide notice of the same to
cable operator, which may respond thereto within 10 days of said notice.
D.
Any failure of cable operator to cure a violation of the customer
service standards within such time as shall be set by the franchising
authority, or to timely respond to a notice from the franchising authority
regarding a violation, shall be a violation of this article.
A.
Cumulative remedies. Where this article provides alternative penalties
or remedies, they shall be cumulative and the imposition of one penalty
or remedy shall not prevent the franchising authority from invoking
any other penalty or remedy provided herein.
B.
In addition to all other rights and remedies provided herein, the
franchising authority shall have all rights and remedies afforded
under the franchise agreement.
C.
Unless otherwise provided, any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article is adopted pursuant to Pennsylvania law and the
authority given to the franchising authority under the Cable Act of
1992 and the regulations adopted by the FCC thereunder. If any portion
of this article shall become invalid or unenforceable as a result
of any subsequent federal legislation or FCC regulation, such invalidity
and/or unenforceability shall not affect the validity and enforceability
of the remainder of this article, and the same shall be interpreted
as if the invalid or unenforceable provision were not a part hereof.
This article shall become effective immediately upon adoption.
[Adopted 11-17-2005 by Ord. No. 554]
A.
No person
may construct a multichannel video system in the Borough to provide
multichannel video service in the Borough without first obtaining
from the Borough a franchise authorizing the construction of such
a system.
B.
No multichannel
video provider may provide multichannel video service to any person
in the Borough unless a franchise from the Borough authorizing same
is in full force and effect at all times while such service is being
provided.
The Borough will act expeditiously on any request for a franchise
so as to allow the prompt provision of service while ensuring that
the public interest is met and that residents are not discriminated
against based on race, ethnic status, income, area in which they live
or other inappropriate basis.
As used in this article, the following terms shall have the
meanings indicated:
Includes:
The installation of lines, fibers or facilities that are in
or cross any of the streets or public rights-of-way within the Borough
for use as part of a multichannel video system; or
The connection of other facilities directly or indirectly to
previously existing lines, fibers or facilities that are in or cross
any of the streets or public rights-of-way within the Borough for
use as part of a multichannel video system.
A person who meets one or more of the following tests:
The person is a cable operator, as such term is defined in Title
VI of the Federal Communications Act of 1934, 47 U.S.C. Sections 521
and following, or is otherwise required to obtain a franchise, as
such term is defined in such Act.
The person is an open video system operator, as such term is
defined in Title VI of the Federal Communications Act of 1934 and
implementing regulations.
The person provides multichannel video service, where such service
is transmitted in whole or in part via wires or lines that are in
or cross any of the streets or public rights-of-way within the Borough.
The preceding sentence shall apply whether the provider owns, leases
or otherwise obtains the right to use such wires or lines, including
wires or lines of a telecommunications provider used pursuant to tariff
or otherwise for such purpose.
The person provides multichannel video service and is otherwise
required to obtain a franchise or similar approval under the Borough
charter, state law or federal law.
Multiple channels of video programming where some or all
of the video programming is generally considered comparable to programming
provided by a television broadcast station, regardless of the technology
used to provide it. Multichannel cable video service specifically
includes, but is not limited to, cable service as such term is defined
in Title VI of the Federal Communications Act of 1934.
Includes all of the following:
A cable system, as such term is defined in Title VI of the Federal
Communications Act of 1934;
An open video system, as such term is defined in Title VI of
the Federal Communications Act of 1934 and implementing regulations;
A system which provides multichannel video service, where such
service is transmitted in whole or in part via wires or lines that
are in or cross any streets or public rights-of-way within the Borough.
The preceding sentence shall apply whether the provider owns, leases
or otherwise obtains the right to use such wires or lines, including
wires or lines of a telecommunications provider used pursuant to tariff
or otherwise for such purpose; and
Any other system providing multichannel video service within
the Borough where under applicable law a franchise or similar permission
or approval from the Borough is required.
Individuals, corporations, partnerships, limited liability
corporations, limited liability partnerships and any other form of
legal entity.
