The present tense includes the future; the singular number includes
the plural, and the plural, the singular; and the masculine gender includes
the feminine gender. The words "shall" and "will" are mandatory, and "may"
is permissive.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated:
(Public, Educational and Government - PEG) Any channel on a cable
or open video system set aside by the franchisee for public, educational,
and/or governmental use.
Any person who de facto or de jure owns, distributes, or controls,
is owned or controlled by, or is under common ownership or control with the
franchisee.
Any and all channels available to a franchisee shall and must be
available to all residents whether through franchisee, private operator, or
municipally owned system, if the franchisee has ownership, or direct or indirect
affiliation with the origin of such programming.
Any service tier which includes the retransmission of local broadcast
signals, being the lowest cost tier of service provided.
The Board of Supervisors of Lower Providence Township.
The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521
et seq., as amended by the Cable Television Consumer Protection and Competition
Act of 1992, as further amended by the Telecommunications Act of 1996, as
further amended by the USAPATRIOT Act of 2001, as further amended from time
to time.
A nonbroadcast signal that originates within the facilities of the
cable system.
The internal wiring contained within the premises of a subscriber
which begins at the demarcation point. Cable home wiring includes passive
splitters on the subscriber's side of the demarcation point, but does not
include any active elements such as amplifiers, converter or decoder boxes,
or remote control units. The demarcation point shall be twelve inches outside
of where the cable wire enters the subscriber's premises or individual dwelling
unit, or as otherwise defined at 47 CFR § 76.5, as amended from
time to time.
The one-way or two-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any, which is
required for the selection 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 a community, 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 without use of 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 of 1934, and as amended,
47 U.S.C., Ch. 5, Subch. II, the 1996 or later Telecommunications Act, except
that such facility shall be considered a cable system (other than for purposes
of Section 621(c) of the Cable Act) to the extent such facility is used in
the transmission of video programming directly to subscribers; and
Any facilities of any electric utility used solely for operating its
electric utility systems.
A six megahertz frequency band which is capable of carrying video,
both the visual and aural carriers and corresponding side bands, whether or
not compressed.
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are not limited
to, one-way video, two-way video, audio or digital signals among institutions
and, as may be specified in the franchise, to subscribers and/or the general
public.
A subscriber who receives and is billed for a service in a place
of business where the service may be utilized in connection with a business,
trade or profession.
The transmission for hire by optical fiber, coaxial cable, or any
other bounded, tangible means, whether or not the transmission medium is owned
by the provider itself, of information in electronic or optical form, including,
but not limited to, voice, video, or data. Communications service includes
telephone exchange service, telecommunications service and information service,
as defined at 47 U.S.C. § 153, but does not include over-the-air
broadcasts to the public-at-large licensed by the Federal Communications Commission.
An electronic device which converts signals to a frequency not susceptible
to interference within the television receiver of a subscriber, and any channel
navigation device which permits a subscriber to view all signals delivered
at designated converter dial locations at the set or by remote control.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel. Narrow casting shall not be included
in this definition.
A connection from feeder cable to the subscriber/user premises in
accordance with the Cable Act.
Any channel designated for educational access use.
The Federal Communications Commission and any legally appointed successor.
The nonexclusive legal authorization granted pursuant to this chapter
to construct, operate and maintain a cable, open video or other communications
system along the public ways within all or a specified area in the Township
of Lower Providence, for such purpose, and upon such terms and conditions
as are set forth in a franchise agreement. Any such authorization, in whatever
form granted, shall not mean or include any license or permit required for
the privilege of transacting and carrying on a business within the Township
as required by other ordinances and laws of the Township. Such franchise shall
comply with other ordinances including but not limited to ordinances legislating
right-of-way.
A contract entered into between the Township and any franchisee setting
forth the specific terms and provisions of the grant of a franchise pursuant
to this chapter, which at all times supercedes franchise language. Such franchises
shall not constitute or be construed as an exclusive franchise or automatically
renewable. Individual terms, conditions, and duration limits of franchise
agreements may be negotiated at the discretion of the Board of Supervisors
of Lower Providence Township, consistent with this cable ordinance and applicable
law.
The entire Township, or portions thereof, for which a franchise is
granted under the authority of this chapter. If not otherwise stated in the
franchise agreement, the franchise area shall be the corporate limits of the
Township, including all territory thereafter annexed to the Township. Exceptions
to this would be those not using public right-of-way.
The natural person(s), partnership(s), domestic and foreign corporation(s),
association(s), joint venture(s), or organization(s) of any kind which has
been legally granted a franchise by the Township.
The percentage, as specified by the Township, of the franchisee's
gross annual revenues from all sources payable in exchange for the authorization
granted pursuant to this chapter and the franchise agreement. The term "franchise
fee" does not include any tax, fee or assessment of general applicability
that may be assessed against a franchisee by the Township, including but not
limited to the descriptions contained in the gross annual revenues section.
Any channel specifically designated or dedicated for government access
use.
The Township of Lower Providence as represented by the Board of Supervisors
acting within the scope of its jurisdiction.
The total amount of any and all cash, credits, property or other
consideration of any kind or nature received annually (within a twelve-month
period) directly or indirectly by the franchisee, its affiliates, or any person
in which the franchisee has a financial interest, which are in any way derived
from the operation of the franchisee's cable system or open video system in
the Lower Providence Township franchise area, including the studios and other
facilities associated therewith. Gross annual revenues include, but are not
limited to, monthly fees charged subscribers for any basic, optional, premium,
per-channel, or per-program service; installation, disconnection, reconnection,
and change-in-service fees; leased channel fees; late fees and administrative
fees; fees, launch fees, programming fees, payments, or other consideration,
received from programmers for carriage of programming on the system; revenues
from converter rentals or sales; studio rental, production equipment, and
personnel fees; advertising revenues; barter; revenues from program guides;
and revenues from home-shopping and bank-at-home channels. Gross annual revenues
shall be the basis for computing the franchise fee under this chapter. Gross
annual revenues shall not include any taxes on services furnished by the franchisee
which are imposed directly on any subscriber or user by the state, Township,
or other governmental unit and which are collected by the franchisee on behalf
of said governmental unit.
The connection of the cable or open video system from feeder cable
to subscribers' terminals and/or receivers.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee, at rates in accordance with the Cable Act.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers. Narrow casting shall not perpetuate
predatory pricing on any level or shall be considered a breach of the chapter
and subsequent franchise.
Any service delivered via facilities located in whole or in part,
on, above, or below the public rights-of-way, which does not meet the definition
of cable service, as defined herein, including but not limited to, an information
service or telecommunications service as defined at 47 U.S.C. § 153.
A communications facility consisting of a set of transmission paths
and associated signal generation, reception, and control equipment that is
designed to provide cable service, which includes video programming, which
is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successor has certified as compliant with
Part 76 of the Rules of the Federal Communications Commission, 47 CFR, Part
76, as amended from time to time.
A franchise for the use of the public rights-of-way for the construction
and operation of an open video system for the provision of video programming
services only through an open video system, provided the operator of which
has been certified in accordance with Section 653 of the Communications Act,
47 U.S.C. § 573.
Any channel for which a fee is charged for a single or multiple viewing
of a specific program.
An individual, partnership, association, organization, corporation,
joint-stock company, trust, government entity, or other legal entity, but
not Lower Providence Township.
Any channel designated or dedicated for the display of public, educational,
and governmental programming produced or sponsored locally by residents, organizations,
and institutions within the Township, for which production and scheduling
of such programming is made available to the public on a nondiscriminatory
first-come first-served basis in accordance with reasonable rules and regulations
specified by any entity designated by the Township to manage such a channel.
The surface, the air space above the surface, and the area below
the surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, parkways, waterways, utility easements or other right-of-way
in which the Township now or hereafter holds for the public, whether in fee
simple or by trust consistent with the purposes for which it was dedicated
to the Township. No reference herein, or in any franchise, to the public way
shall be deemed to be a representation or guarantee by the Township that its
title to any property is sufficient to permit its use for such purpose, and
the grantee shall, by its use of such terms, be deemed to gain only such rights
to use property in the Township as the Township may have the undisputed right
and power to give.
Any person residing in the Township as defined by applicable law.
A subscriber who receives and is billed for a service specified in
the chapter and delivered via public rights-of-way in an individual dwelling
unit where the service is not to be primarily utilized in connection with
a business, trade or profession.
Any sale, exchange or barter transaction.
The laws of Pennsylvania pertaining to the general and specific powers
of townships of the second class.[1]
Any public or nonprofit education institution including primary and
secondary schools, colleges and universities, both public and private.
Any person who legally receives cable services and/or noncable services
via the public rights-of-way.
The Commonwealth of Pennsylvania.
Tangible, bounded devices over or through which communications are
transmitted, or such devices which control or process transmissions of communications.
Any level of service having one or more channels offered as a program
service or group of services.
The Township of Lower Providence, 100 Parklane Drive, Eagleville,
Pennsylvania 19403.
Any ownership or other right, title, or interest of more than 5%
in a franchisee or its cable or open video system is transferred, sold, assigned,
leased, sublet, or mortgaged, directly or indirectly, in whole or in part;
or there is any change in control of the franchisee; or the rights and/or
obligations held by the franchisee under the franchise are transferred or
vested, directly or indirectly, to another party; or any change or substitution
occurs in the managing general partners of the franchisee, where applicable;
or the franchisee, or its corporate parents at any level, enter into any transaction
that materially increases the debt that is to be borne by the cable or open
video system directly or indirectly, in a manner that may adversely affect
system rates or services; or any assets or property of the franchisee used
or held in connection with a cable or open video system are subjected to any
lien, mortgage, lease or security interest. "Control" or "controlling interest"
for purposes of this section means the legal or practical ability to exert
actual working control over the affairs of the franchisee, either directly
or indirectly, in whatever manner exercised, including, without limitation,
by contractual agreement, majority ownership, working control through ownership,
any lesser ownership interest, management, debt instruments or negative control,
as the case may be, of a system, a franchise or a franchisee. A rebuttable
presumption that a transfer of control has occurred shall arise upon the acquisition
or accumulation of 5% or more of the ownership of a entity by any person or
group of persons acting in concert, none of whom already own or control 50%
or more of such right or control, singularly or collectively. Control or controlling
interest, as used herein may be held simultaneously by more than one person
or group of persons.
The major distribution cable used in cable or open video systems,
which divides into feeder lines which are tapped for service to subscribers.
A person or organization utilizing channel or equipment and facilities
for the purpose of producing and/or transmission of material, as contrasted
with receipt thereof in a subscriber capacity.
Programming provided by, or generally considered comparable to programming
provided by, a television broadcast station.
The provision of video programming for a fee or other compensation.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
