[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley 9-26-2007 by Ord. No. 1927.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 99, Cable Television, adopted 1-25-1995 by Ord. No. 1734,
as amended.
A.
The Township of Ridley finds that the development
of cable communications has the potential of having great benefit
and impact upon the people of Ridley Township. Because of the complex
and rapidly changing technology associated with cable communications,
the Township further finds that the public convenience, safety and
general welfare can best be served by establishing regulatory powers
which should be vested in the Township and the Advisory Committee
on Cable Television. It is the intent of this chapter and subsequent
amendments to provide for and specify the means to attain the best
possible public interest and public purpose in these matters, and
any franchise issued pursuant to this chapter shall be deemed to include
this finding as an integral part thereof.
B.
Further, it is recognized that cable communications
systems have the capacity to provide not only entertainment and information
services to the Township's residents but can provide a variety of
interactive communications services to institutions and individuals.
C.
For these purposes, the following goals underlie the
regulations contained herein:
(1)
Communications services should be available to the
maximum number of Township residents.
(2)
The cable communications system should be capable
of accommodating both the present and reasonably foreseeable future
communications needs of the Township.
(3)
The cable communications system should be improved
and upgraded if necessary during the franchise term so that the new
facilities necessary for the operation of this system shall be integrated
to the maximum extent possible with existing facilities.
(4)
Any cable communications system authorized by this
chapter and the franchise shall be responsible to the needs and interests
of the local community and shall provide a wide diversity of information
sources and services to the public.
(5)
The public, educational and governmental needs for
access to the cable communications system should be met.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The committee designated by the Township to oversee the granting
of cable franchises within the Township and monitor the quality of
services being provided by the grantee.
Any corporation, partnership or other business entity that
owns or controls, is owned or controlled by, or is under common ownership
or control with Comcast.
The service tier that shall include the retransmission of
local broadcast television signals.
The transmission to subscribers of video programming or other
programming 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 the municipality,
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 Cable Communications
Act, except that such facility shall be considered a cable system
(other than for purposes of Section 521 of the Cable Communications
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 Communications Act; or
Any facilities of any electric utility used
solely for operating its electric utility systems.
Any written or oral communication from or by a subscriber
to Comcast that communicates the occurrence of a service interruption
that requires a work order/service call or billing issue.
The coaxial or fiber optic or other cable that connects a
home or building to the subscriber network.
Federal Communications Commission.
The natural person(s), partnership(s), domestic and foreign
corporations(s), association(s), joint venture(s) or organization(s)
of any kind which has been legally granted a franchise by the Township
and its lawful successor, transferee or assignee.
All revenue received directly by Comcast from the operation
of Comcast's cable system in the franchise area to provide cable services.
Gross revenues shall include the following: basic service fees, fees
charged to subscribers for any other tier of cable service other than
basic service; fees charged to subscribers for any optional, per-channel
or per-program services; revenue from the provision of any other cable
service; charges for installation, additional outlets, relocation,
disconnection, reconnection and change-in-service fees for video or
audio programming; rental or sales of any and all subscriber equipment,
including converters and remote control devices; any and all local
advertising revenue (excluding agency commissions); revenue or commissions
from home shopping channels; fees for video-on-demand; late payment
fees; NSF check charges; and franchise fees. Gross revenues shall
not include revenues received for the following services or activities:
bad debt expenses or any taxes on services furnished by Comcast and
imposed directly upon any subscriber or user by the municipality,
state, federal or other governmental unit.
The Township of Ridley, Delaware County, Pennsylvania.
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, normal business hours must
include some evening hours at least one night per week and/or some
weekend hours.
Business conditions within Comcast's service department which
are within the control of Comcast. Those conditions which are not
within the control of Comcast include, but are not limited to, natural
disasters, civil disturbances, power outages, telephone network outages
and severe and unusual weather conditions.
An interior receptacle that connects a television set to
the cable system.
The surface of, and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard,
sidewalk, way, lane, public way, drive, circle or other public right-of-way,
including, but not limited to, public utility easements, dedicated
utility strips, or rights-of-way dedicated for compatible uses and
any temporary or permanent fixtures or improvements located thereon
now or hereafter held by the franchising authority in the franchise
area which shall entitle the franchising authority and the grantee
to the use thereof for the purpose of installing operating, repairing
and maintaining the cable system. Public way shall also mean any easement
now or hereafter held by the franchising authority within franchise
area for the purpose of public travel, or for utility or public service
use dedicated for compatible uses, and shall include other easements
or rights-of-way as shall within their proper use and meaning entitle
the franchising authority and the grantee to the use thereof for the
purposes of installing, operating, and maintaining the grantee's cable
system over poles, wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, attachments, and other property
as may be ordinarily necessary and pertinent to the cable system.
A member of the general public who receives video programming
distributed by a cable television system and does not further redistribute
it.
A.
Authority to grant franchise; terms.
(1)
Grant of authority. In consideration of the faithful
performance and observance of the conditions and reservations of this
chapter and a franchise agreement, the Township may grant the nonexclusive
right (hereinafter referred to as "franchise") to a franchisee (hereinafter
referred to as "grantee") to construct, own, operate and maintain
a community antenna cable system and to erect, maintain and operate
television transmission and distribution facilities and additions
thereto in, under, over, along, across and upon the streets, sidewalks,
alleys, bridge and other public places in the Township of Ridley,
Delaware County, Pennsylvania and subsequent additions thereto, for
the purpose of transmission and distribution of audio visual impulses
in accordance with the laws and regulations of the United States of
America, the Commonwealth of Pennsylvania and the ordinances and regulations
of the Township of Ridley, now in effect or hereinafter enacted. The
duration of the rights, privileges and authorities hereby granted
shall be specified in the franchise agreement between the Township
and the grantee and shall commence on the date of the acceptance of
the agreement by the Township.
(2)
Noninterference. In exercising rights pursuant hereto,
the grantee shall not endanger or interfere with the lives of persons
or interfere with any installations of the Township, any public utility
serving the Township or any other person permitted to use the streets
and public grounds nor unnecessarily hinder or obstruct the free use
of the streets and public grounds. The grant of one franchise does
not establish priority for use over the other present or future permit
or franchise holders or the Township's own use of the streets and
public grounds. The Board of Commissioners of the Township shall at
all times control the distribution of space in, over, under or across
all streets or public grounds and occupied by the cable communications
system. All rights granted for the construction and operation of the
cable communications system shall be subject to the continuing right
of the Board of Commissioners to require such reconstruction, relocation,
change or discontinuance of the appliances used by the cable communications
system in the streets, alleys, avenues and highways of the Township
as shall, in the opinion of the Board of Commissioners, be necessary
in the public interest.
(3)
Nonexclusivity. Any franchise is nonexclusive and
shall not affect the right of the Board of Commissioners to grant
to any other person a grant or right to occupy or use the streets
or portions thereof for the construction and operation of a cable
communications system within the Township. No privilege or power of
eminent domain is bestowed on the grantee by the grant of a franchise.
(4)
Compliance with Township ordinances. Any franchise
granted by the Township is hereby made subject to the general ordinance
provisions now in effect and hereafter made effective. Nothing in
the franchise shall be deemed to waive the requirements of the various
codes and ordinances of the Township regarding permits, fees to be
paid, or the manner of construction.
For the purpose of operating and maintaining
a cable communications system in the Township, the grantee may erect,
install, construct, repair, replace, reconstruct and retain in, on,
over, under, upon, across and along the public streets and ways within
the Township such wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary to the operation of the cable
communications system; provided, however, that the grantee complies
with all design, construction, safety and performance provisions contained
in this chapter, the franchise and other applicable local ordinances.
No poles shall be erected by the grantee without
prior approval of the Township with regard to location, height, type
and any other pertinent aspects. However no location of any pole of
the grantee shall be a vested right, and such poles shall be removed
or modified by the grantee at its own expense whenever the Township
determines that the public convenience would be enhanced thereby.
The grantee shall utilize existing poles and conduits where possible.
The franchise territory shall be the entire
Township or portions thereof for which a franchise is granted under
authority of a franchise agreement. The service area shall be the
entire territory defined in the franchise agreement.
The term of the franchise shall commence as
specified in the franchise agreement and shall continue for a period
specified in the franchise agreement, unless sooner terminated, as
provided in the franchise agreement.
No cable communications system shall be allowed
to occupy or use the streets of the Township or be allowed to operate
without a franchise.
Nothing in this chapter or the franchise shall
be in hindrance to the right of the Township or any governmental authority
to perform or carry on, directly or indirectly, any public works or
public improvements of any description. Should the cable communications
system in any way interfere with the construction, maintenance or
repair of such public works or public improvements, the grantee shall,
at its own cost and expense, protect or relocate its cable communications
system or part thereof as reasonably directed by the Township officials
or any governmental authority.
Upon termination of the franchise by the passage
of time or otherwise and unless the grantee transfers the cable communications
system to a subsequent grantee approved by the Board of Commissioners,
the grantee shall remove its supporting structures, poles, transmission
and distribution systems and all other appurtenances from the streets
and public grounds and shall restore the area to as good a condition
or better. Such removal shall be made so as not to conflict with public
health, safety or convenience. However, the grantee shall not be required
to remove or relocate its supporting structures, poles, transmission
and distribution systems, and/or other appurtenances that facilitate
internet access, digital voice, or any other service not governed
by Title VI of the Communications Act of 1934, as amended, or any
portion thereof as a result of revocation, termination, denial of
renewal or any other action to forbid or disallow grantee from providing
cable service.
No course of dealing between the grantee and
the Township nor any delay on the part of the Township in exercising
any rights hereunder shall operate as a waiver of any such rights
of the Township or acquiescence in the actions of the grantee in contravention
of such rights, except to the extent expressly waived by the Township
or expressly provided for in the franchise.
A.
Transfer of franchise. Any franchise granted hereunder
cannot in any event be sold, transferred, leased, assigned or disposed
of, including but not limited to by force or voluntary sale, merger,
consolidation, receivership or other means, without the prior consent
of the Township.
B.
Transfer of control or ownership. The grantee shall
promptly notify the Township of any actual or proposed change in control
of the grantee. "Change in control" means transfer.
C.
Township authorization. Prior Township authorization
is required for every change, transfer or acquisition of control of
the grantee. For the purpose of determining whether it shall consent
to such change, transfer or acquisition of control, the Township may
inquire into the legal, financial, character, technical and other
public interest qualifications of the prospective controlling party,
and the grantee shall assist the Township in any such inquiry. Failure
to provide all transfer-related information reasonably requested by
the Township as part of said inquiry shall be grounds for denial of
the proposed change, transfer or acquisition of control.
D.
No waiver of rights. The consent or approval of the
Township to any transfer of the grantee shall not constitute a waiver
or release of the rights of the Township in and to the streets, and
any transfer shall, by its terms, be expressly subordinate to the
terms and conditions of the franchise.
E.
Time frame. The Township shall act on a request to
transfer the franchise within the period of time specified in the
franchise agreement.
A.
General. The Township shall exercise appropriate regulatory
authority under the provisions of this chapter and applicable law.
This authority shall be vested in the Board of Commissioners or its
designee to provide day-to-day administration and enforcement of the
provisions of this chapter and any franchise granted hereunder and
to carry out the Township's responsibility with regard to cable communications.
The Township may from time to time adopt such reasonable rules and
regulations that it may deem necessary in the exercise of its municipal
powers.
B.
Regulatory authority. The Township shall have the
responsibility for the administration and enforcement of this chapter
and the franchise, including but not limited to the following duties,
powers and authority, which may be delegated at its discretion:
(1)
To administer and/or enforce all provisions of this
chapter and any franchise granted hereunder.
(2)
To receive and investigate complaints regarding substandard
service and to initiate any action necessary pursuant to this chapter
or the franchise or any applicable law or regulation to correct the
service deficiencies.
(3)
To represent the Township's interest before local,
state or federal government agencies in cable communications matters.
(4)
To receive, evaluate and file all data and reports
required by this chapter and to rule on such matters as appropriate
under this chapter and state and federal law or regulation.
(5)
To inspect at any time all construction, installation
and ongoing operation of the cable communications system and to make
such tests as it reasonably deems necessary to ensure compliance with
the terms of this chapter and the franchise and other applicable laws
and regulations.
(6)
To receive applications for rate increases, if the
Township has the authority to regulate rates, and to provide assistance
in the analysis and recommendations thereto.
(7)
To monitor the grantee's adherence to operational
standards and service requirements.
In accordance with the terms of this chapter
and the franchise, the Township may, at any time, make reasonable
inquiries concerned with the management and affairs of the cable communications
system. The grantee shall respond to such inquiries in a timely fashion
specified in the franchise agreement.
No decision by the Township to invoke any remedy
under this chapter or under any statute, law or ordinance shall preclude
the availability of any other such remedy.
The grantee shall file with the Township schedules
which shall describe all services offered by the grantee, all rates
and charges of any kind and all terms or conditions relating thereto.
Thereafter, the grantee shall file with the Township all changes in
services, all rates and charges of any kind and all terms and conditions
relating thereto.
The grantee shall provide, upon request and
free of charge, drops and services to public buildings as set forth
in the franchise agreement. The grantee shall discuss the location
of each connection with the proper officials of each such institution
receiving free connection.
To the extent that federal or state law or regulation
may now or may hereafter be amended to authorize the Township to regulate
the rates for any particular service tiers, service packages, equipment
or any other services provided by the grantee, the Township shall
have the right to exercise rate regulation to the full extent authorized
by law.
The Township of Ridley shall be entitled to
receive from the grantee a franchise fee of a percentage of the grantee's
gross Township revenue. The percentage and terms of the franchise
fee shall be specified in the franchise agreement.
Tender or acceptance of any payment shall not
be construed as an accord that the amount paid is correct, nor shall
such acceptance of payment be construed as a release of any claim
the Township of Ridley may have for additional sums, including interest
payable under this chapter or the franchise. All amounts paid shall
be subject to audit by an independent auditor chosen by the Township.
If, after audit, an unpaid fee is owed to the Township, such fee shall
be paid according to terms set forth in the franchise agreement. The
interest on such unpaid fee shall be specified in the franchise agreement.
A.
Records. The Township shall have the right to inspect
all books, records, reports, maps, plans, financial statements and
other materials of the grantee as provided in this chapter or the
franchise agreement at any time during normal business hours.
B.
Construction. The Township shall have the right to
inspect all construction or installation work performed subject to
the provisions of the franchise and to make such tests as it shall
find necessary to ensure compliance with the terms of this chapter
and other pertinent provisions of law.
C.
Property. At all reasonable times and for the purpose
of enforcement of this chapter and the franchise, the grantee shall
permit examination by any duly authorized representative of the Township
of all cable communications systems and facilities together with any
appurtenant property of the grantee situated within the Township and
outside of the Township if it is utilized in the operation of the
Township's cable communications system.
Upon completion of the term of any franchise
granted under this chapter, the Township may grant or deny renewal
of the franchise of the grantee in accordance with the provisions
of the Cable Act and any other applicable federal, state and local
laws if the parties wish to renew the franchise.
The grantee shall obtain and maintain during
the entire term of the franchise and any extensions and renewals thereof,
at its cost and expense, and file with the Township a performance
bond, in an amount specified in the franchise agreement, to guarantee
the faithful performance of the grantee of all of its obligations
provided under this chapter and the franchise. Failure to timely obtain,
file and maintain said bond shall constitute a violation of this chapter.
The grantee shall maintain and, by its acceptance
of any franchise granted hereunder, specifically agrees that it will
maintain throughout the term of the franchise liability insurance
insuring the Township and the grantee in the amounts specified in
the franchise agreement and in compliance with all insurance provisions
of the franchise agreement.
A.
The grantee shall, at its sole cost and expense, fully
indemnify, defend and hold harmless the Township, its officers, boards,
commissions, employees and agents against any and all claims, suits,
actions, liability, losses and judgments for damages, including but
not limited to expenses for reasonable legal fees, the Township may
suffer as a result of claims, demands, suits, actions or proceedings
of any kind or nature arising out of the construction, upgrade, installation,
removal, operation or maintenance of all or part of its cable system,
including the actions of any contractor or subcontractor acting within
the scope of its engagement.
B.
The Township shall be required to notify the grantee
of its obligation to indemnify and defend the Township according to
terms agreed upon and set forth in the franchise agreement.
The grantee shall respond to requests for repair
service in a prompt manner specified by guidelines included in the
franchise agreement. The grantee shall keep a record of all such complaints
in compliance with state law and shall provide the record to the Township
as requested.
The grantee shall ensure the development and
propagation of public, governmental and educational access as a vital
community resource. The Township shall establish requirements in the
franchise agreement with respect to the designation of channel capacity,
facilities, equipment and services for public, educational and governmental
use. Specific channels shall be included as part of the franchise
agreement.
The grantee shall construct, install, operate
and maintain all elements of the cable communications system within
the Township in accordance with the maps and other documents submitted
in connection with this chapter or the franchise. Poles, towers and
other obstructions shall be erected so as not to interfere with vehicular
or pedestrian traffic over public ways and places. The erection and
location of all poles, towers and other obstructions shall be fixed
with the prior written approval and under the supervision of the Township
pursuant to local regulation; provided, however, that the grantee
shall not have a vested interest in such location; and such construction
shall be removed by the grantee, at its sole cost and expense, whenever,
in the judgment of the Township, the same restricts or obstructs the
operation or location or any future operation or location of public
ways and places or whenever the Township closes or abandons any public
way or place.
The grantee shall, at its sole cost and expense,
protect, support, temporarily disconnect, relocate in the same street
or other streets and public grounds or remove from any street or any
other public way or place any of its property for the reason of traffic
conditions, public safety, street construction, change or establishment
of street grade or the construction of any public improvement or structure
by any Township department.
The grantee shall be subject to all laws, ordinances
or regulations regarding private property in the course of constructing,
installing, operating or maintaining the cable communications system
in the Township of Ridley. The grantee shall promptly repair or replace
all private property, both real and personal, damaged or destroyed
as a result of the construction, installation, operation or maintenance
of the cable communications system at its sole cost and expense.
The grantee shall restore any street it has
disturbed and shall, at its own cost and expense, restore and replace
any other property disturbed, damaged or in any way injured by or
on account of its activities to as good as the condition such property
was in immediately prior to the disturbance, damage or injury. Restoration
must be in accordance with the rules and regulations established by
the Township.
The grantee may trim trees or other vegetation
owned by the Township to prevent branches, leaves or roots from touching
or otherwise interfering with its wires, cables or other structures
as approved by the Township.
In all areas of the Township where cables, wires
and other like facilities of the telephone and electric utilities
are already underground, the grantee must also place its facilities
underground. At such time as these facilities are placed underground
by the telephone and electric utility companies or are required, as
are telephone and/or electric, to be placed underground by the Township,
the grantee shall likewise place its facilities underground at its
sole cost and expense.
Where any damages or alterations occur to the
Township's water, sewage or drainage lines or to any other municipal
structures in the streets during the construction due to the presence,
negligence, operation or maintenance of the cable communications system,
the sole cost of such repairs, including all services and materials,
shall be paid by the grantee.
The grantee shall give appropriate notice to
the Township and residents within a reasonable period of time of proposed
construction, excavation, laying or stringing of cable under streets
or on poles, but in no event shall such notice be given less than
seven days before such commencement.
The construction, installation, operation, maintenance
and/or removal of the cable communications system shall meet all of
the applicable safety, construction and technical specifications and
codes and standards.
All contractors or subcontractors of the grantee
must be properly licensed under all applicable federal, state and
local laws and regulations. The grantee shall be responsible for all
acts or omissions of any such contractor or subcontractor in the construction,
installation, maintenance or operation of the grantee's cable communications
system.
Prior to the erection or installation by the
grantee of any towers, poles, underground conduits or fixtures for
use in connection with initial construction, rebuild, upgrade or line
extension of the cable communications system under this chapter, the
grantee shall make available for Township approval a concise description
of the facilities proposed to be erected or installed, including strand
maps, if required, together with a map and plans indicating the proposed
location of all such facilities. Approval by the Township shall not
be unreasonably withheld and shall be completed in a timely manner.
No erection or installation of any tower, pole, underground conduit
or fixture for use in the cable communications system shall be commenced
by any person until approval therefor has been received from the Township
pursuant to local regulation.
A.
No poles shall be erected by the grantee without prior
approval of the Township with regard to location, height, type and
any other pertinent aspect. However, no location of any pole or wire-holding
structure of the grantee shall give rise to a vested interest, and
such poles or structures shall be removed or modified by the grantee
at its own expense whenever the Township determines that the public
convenience would be enhanced thereby.
B.
Where poles that already exist for use in serving
the Township are available for use by the grantee but it does not
make arrangements for such use, the Township may require the grantee
to use such poles and structures if it determines that the public
convenience would be enhanced thereby and the terms of the use available
to the grantee are just and reasonable.
C.
Where a public utility serving the Township desires
to make use of the poles or other wire-holding structures of the grantee
but agreement thereof with the grantee cannot be reached, the Township
may require the grantee to permit such use for such consideration
and upon payment of the prevailing public utility rates for make ready
and pole attachment rental if the Township determines that the use
would enhance the public convenience and would not unduly interfere
with the grantee's operation.
The Township or its designee shall have the
right to inspect at any time all construction or installation work
performed subject to the provisions of this chapter and the franchise
and to make such test as it shall deem necessary to ensure compliance
with the terms of this chapter, the franchise and all other applicable
law. The grantee shall cooperate fully with the Township during all
inspections and tests and shall provide access to all equipment, records
and other materials and information necessary for such inspections
and tests.
A.
General. The grantee shall maintain wires, cables
and all other real and personal property and facilities constituting
the cable communications system in good condition, order and repair
at all times during the term of the franchise.
B.
Maintenance records. The grantee shall maintain records
showing the date, approximate time and duration and type and probable
cause of all cable communications system outages, whole or partial,
due to causes other than routine testing or maintenance. The entries
in such log shall be subject to inspection and copying by the Township
or its designee during the grantee's regular business hours upon reasonable
request.
A.
Books and records. The Township reserves the right
to inspect all pertinent books, records, maps, plans, financial statements
and other like material of the grantee upon reasonable notice and
in accordance with terms specified in the franchise agreement.
B.
Availability of records. If any of such maps or records
is not kept in the Township or, upon notice, the grantee is unable
to provide the records in the Township, and if the Township shall
determine that an examination of such maps or records is necessary
or appropriate to the performance of any of its duties, then all travel
and maintenance expenses necessarily incurred in making such examination
shall be paid by the grantee.
C.
The grantee shall file with the Township all reports
specified under the provisions of the franchise agreement.
D.
Additional information. The grantee shall furnish
to the Township such additional information and records with respect
to its operation, affairs, transactions or property as may be reasonably
necessary and appropriate to the performance of any of the rights,
functions or duties of the Township in connection with this chapter
or the franchise.
E.
Records required. The grantee shall at all times maintain
a record of all complaints received and interruptions or degradation
of service experienced as well as a full and complete set of plans,
records and maps showing the exact location of all cable installed
or in use in the Township, exclusive of subscriber service drops.
The grantee shall not be excused from complying
with any of the terms and conditions of this chapter or franchise
by any failure of the Township upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.
