[HISTORY: Adopted by the Board of Supervisors of the Township of Springettsbury 3-12-1987 by Ord. No. 1987-01 (Ch. 13, Part 4, of the 2003 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Springettsbury Cable Communications Ordinance."
The purpose of this chapter is to establish a Township policy concerning cable communications within the Township. Cable communications is a relatively new industry which has proved to be affected with the public interest. As technology evolves and cable systems are capable of handling additional tasks, such communications will be increasingly affected with the public interest. Cable communications should be made available to all segments of the population and in all areas of the Township. Cable operators should be responsive to the needs and interests of the community and the widest possible diversity of information sources and services should be encouraged and assured. Recognizing that in any given service area a cable system may become monopolistic, competition on a fair and uniform basis among cable operators is to be encouraged. A cable communication policy is therefore deemed expedient and necessary for the proper management, care and control of the Township, its trade and commerce and for the maintenance of peace, good government and welfare among its residents.
The following words, terms and phrases and their derivations shall have the meaning herein set forth unless the context in which they are used clearly requires a different meaning:
ADDITIONAL SERVICE
Any video-audio programming tier or service provided by the cable operator in addition to basic service which may consist of pay channels, pay-per-view events or any programming for which a charge in addition to the basic service charge is imposed.
BASIC SERVICE
Any video-audio programming tier or service provided by the cable operator consisting of the retransmission of television or audio broadcast signals and other programming service which the operator makes available to all subscribers generally.
BOARD OF SUPERVISORS
The Board of Supervisors of Springettsbury Township.
CABLE ACT
The Cable Communications Act of 1984, as amended, modified or supplemented.
CABLE OPERATOR
Any person or group of persons providing cable service over a cable system.
CABLE SERVICE
Any services offered by a cable operator over a cable system which may consist of:
A. 
Basic service.
B. 
Additional service.
C. 
Communication service.
D. 
Any combination of such services.
CABLE SYSTEM
A facility or facilities consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service to persons within the Township.
CABLE USER
Any person who contracts with a cable operator to pay for the transmission of video or audio signals to subscribers or for communications service.
COMMUNICATIONS SERVICE
Any service offered by a cable operator for two-way communications, excluding only:
A. 
Subscriber interaction which is required, if any, for the selection of additional service.
B. 
Any service regulated as a common carrier or public utility.
FRANCHISE
The right, privilege and authority granted to a cable operator pursuant to this chapter to construct, maintain or operate a cable system within the Township.
FRANCHISEE
A person to whom a franchise is granted by the Township pursuant to this chapter.
OTHER PROGRAMMING SERVICE
Any video-audio information or communication that a cable operator make available to all subscribers generally.
PERSON
Any individual, partnership, firm, company, corporation, association or other entity or any group or combination of them.
PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES
A. 
Channel capacity designated for public, education or governmental use.
B. 
Facilities and equipment for the use of such channel capacity.
SUBSCRIBER
Any person who contracts with a cable operator to receive and pay for basic service or additional service.
TOWNSHIP
The Township of Springettsbury, York County, Pennsylvania.
No person shall construct, maintain or operate a cable system within the Township unless and until such person shall have applied for and received a franchise for such system from the Township as herein provided. All cable system franchises granted by the Township shall be nonexclusive as to territory and time.
Application for a franchise to construct, maintain or operate a cable system shall be made in such form and contain such information as the Township shall, from time to time, specify including, but not limited to, the following:
A. 
The name and address of the applicant.
B. 
The location of the applicant's office in the Township (or in reasonable proximity to the Township).
C. 
The area of the Township proposed to be served by the applicant's cable system.
D. 
The number of dwelling, commercial or other units proposed to be served by the cable system.
E. 
Any density factor proposed by applicant as a condition precedent to offering cable service within the designated area.
F. 
A plan showing the streets, highways or other public rights-of-way proposed to be occupied by the cable system.
G. 
A detailed description of the equipment and physical facilities of the system.
H. 
A detailed description of the capacity of the cable system for video-audio programming and communication services.
I. 
A description of the cable services proposed to be initially available from the system together with any planned additions.
J. 
A proposed schedule of rates and charges to subscribers of cable service and to cable users.
K. 
Copies of feasibility studies, if any, which have been performed by applicant.
A. 
The Township Manager or such other person as shall, from time to time, be designated by the Board of Supervisor shall:
(1) 
Compile the information specified in § 121-5 hereof, together with such other information as shall be reasonably required.
(2) 
Evaluate all available information in consultation with such experts or informed persons as shall be deemed necessary.
(3) 
Negotiate a franchise agreement with the applicant consistent with the purposes of this chapter and any other laws or regulations pertaining thereto, including the Cable Act.
(4) 
Present the proposed franchise agreement to the Board of Supervisors for its consideration.
B. 
Within 30 days following receipt of the proposed franchise agreement, the Board of Supervisors shall either approve its execution by the Chairman or reject the agreement stating the reasons therefor. In the event of rejection, the applicant shall have 30 days to submit proposals to overcome the objections of the Board.
The franchise agreement between the Township and the franchisee shall address all matters provided in this chapter, the requirements of any state or federal law, rule or regulation applicable thereto and without limitation, the following:
A. 
The use of all streets, highways or other public rights-of-way for the construction or installation of any cable lines, structures or facilities.
B. 
The use of any right-of-way of any public utility or the poles, structures or other facilities of such public utility.
C. 
The use of private property or private rights-of-way for the construction or installation of cable lines, structures or facilities.
D. 
Standards of construction and installation of cable lines, structures and facilities, including code compliance.
E. 
Minimum insurance requirements of the franchisee insuring against damages for injury to persons or property.
F. 
An indemnity agreement for the indemnification of the Township against claims, losses and costs arising out of the construction, maintenance or operation of the cable system.
G. 
The channel capacity, facilities and equipment to be made available for public, educational or government access.
H. 
The availability of service to public facilities or institutions.
I. 
Requirements for recordkeeping by the franchisee and the availability of such records for audit by the Township.
J. 
A requirement that cable service charges to subscribers shall be separately stated on any invoice rendered by the franchisee or in any agreement between the franchisee and the subscriber. Service charges shall not be included with or incorporated into any other obligation of the subscriber to the franchisee unless separated stated.
Each franchise agreement between the Township and a cable operator shall provide for the payment by such cable operator to the Township of a franchise fee calculated as a percentage of the operator's gross revenues for cable service provided by the cable system within the Township. The franchise fee shall be such percentage as the Township and the franchisee shall agree, but shall not exceed 5% of gross revenues. Absent any conditions or circumstances peculiar to the franchisee, the franchise fee shall be uniform with the fee agreed upon with any other franchisee within one year preceding the date of the agreement. Franchise fee shall be payable at least semiannually.
The term of each franchise agreement shall be such number of years as the Township and the franchisee shall agree, but in no event shall the term exceed 15 years from the date of the agreement. The agreement may be renewed at the end of the term by application of the franchisee and proceedings not inconsistent with this chapter.