Township of Cheltenham, PA Article IX Provision of Cable Service

§ A301-50 Initial service area.

A. Initial Service Area.

(1) Franchisee shall offer cable service to significant numbers of subscribers in residential areas of the initial service area and may make cable service available to businesses in the initial service area, within five years of the effective date of this franchise. Franchisee shall offer cable service to all residential areas in the initial service area in the Township within 10 years of the effective date of the Franchise, except for periods of force majeure; for periods of unreasonable delay caused by LFA; for periods of delay resulting from franchisee's inability to obtain authority to access private rights-of-way in the service area; in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; in developments or buildings that franchisee cannot access under reasonable terms and conditions after good faith negotiation; and in areas, developments, or buildings where franchisee is unable to provide cable service for technical reasons or which require nonstandard facilities which are not available on a commercially reasonable basis; and in areas where the occupied residential household density does not meet the density requirements set forth in Subsection A(2).

(2) Density requirement. Franchisee shall make cable services available to residential dwelling units in all areas of the Township where the minimum density is 30 occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FTTP network trunk or feeder line. Should, through new construction, an area within the Township meet such density requirements after the time stated for providing cable service as set forth in Subsection A(1), franchisee shall provide cable service to such area within six months of receiving notice from LFA that the density requirements have been met.

B. Additional service area. Except for the service area, franchisee shall not be required to extend its cable system or to provide cable service to any other areas within the Township during the term of this franchise or any renewals thereof. If franchisee desires to add additional service areas within the Township, Franchisee shall notify LFA in writing of such additional service area at least 10 days prior to providing cable service in such areas.

§ A301-51 Availability of cable service.

Franchisee shall make cable service available to all residential dwelling units and may make cable service available to businesses within the service area in conformance with § A301-50, and franchisee shall not discriminate between or among any individuals in the availability of cable service. In the areas in which franchisee shall provide cable service, franchisee shall be required to connect, at franchisee's expense, all residential dwelling units that are within 200 feet of trunk or feeder lines not otherwise already served by franchisee's FTTP network. Franchisee shall be allowed to recover, from a subscriber that requests such connection, no more than the actual costs incurred for residential dwelling unit connections that exceed 200 feet and actual costs incurred to connect any nonresidential dwelling unit subscriber.

§ A301-52 Cable service to public buildings.

Subject to § A301-50, franchisee shall provide, without charge within the service area, one service outlet activated for basic service to the following:

A. Each current municipal building, fire station, and public library as may be designated by LFA in Exhibit A;[1] provided, however, that if it is necessary to extend franchisee's trunk or feeder lines more than 200 feet solely to provide service to any such public building, LFA shall have the option either of paying franchisee's direct costs for such extension in excess of 200 feet, or of releasing franchisee from the obligation to provide service to such public building. Furthermore, franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than 200 feet of drop cable; provided, however, that franchisee shall not charge for the provision of basic service to the additional service outlets once installed.

[1] Editor's Note: Exhibit A is included at the end of this chapter.

B. Each public K through 12 school, and each nonpublic K through 12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a nonpublic, nonlicensed school under the Pennsylvania Private Academic Schools Act, 24 P.S. § § 6702 through 6721, located in the Township, as may be designated by LFA in Exhibit A; provided, however, that franchisee shall not be obligated to provide any service outlets activated for basic service to home schools; also provided, however, that if it is necessary to extend franchisee's trunk or feeder lines more than 200 feet solely to provide service to any such school building, LFA shall have the option either of paying franchisee's direct costs for such extension in excess of 200 feet, or of releasing franchisee from the obligation to provide service to such school building. Furthermore, franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than 200 feet of drop cable; provided, however, that franchisee shall not charge for the provision of basic service to the additional service outlets once installed.

C. In addition to the locations designated in Exhibit A, franchisee shall provide, without charge, within the Township, up to one service outlet activated for basic service to one additional new municipal building per year at a location as mutually agreed upon by the parties subject to all conditions set forth in this § A301-52.

D. Notwithstanding the foregoing, franchisee shall not be required to provide cable service to any building set forth in Exhibit A until a reasonable period of time after franchisee serves the applicable portion of the franchise area with its Title II FTTP network, and the applicable wire center serving such building is video-enabled.