Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
Throughout this chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Undefined words shall be ascribed the meaning set forth in the Cable Act, and, if not defined therein, their common and ordinary meaning.
ACCESS CHANNEL
Public, educational and governmental access channels, as defined herein.
AFFILIATED ENTITY
Any corporation, partnership or other business entity that owns or controls, is owned or controlled by, or is under common ownership or control with franchisee. For the purposes hereof, the words "own," "owned" and "common ownership" shall mean a direct or indirect stock, partnership, membership or other equity interest of 51% or more.
BASIC CABLE SERVICE
Any service tier which includes the retransmission of local television broadcast signals.
BOARD
The Board of Commissioners of Caln Township.
CABLE ACT
The Cable Communications Policy Act of 1984, P.L. No. 98-549 (codified at 47 U.S.C. §§ 521-73), together with its supplements and amendments, as supplemented by the Cable Television Consumer Protection and Competition Act of 1992, P.L. No. 102-385, and the Telecommunications Act of 1996, P.L. 104-104, as from time to time amended.
A. 
The one-way transmission to subscribers of video programming, or other programming service.
B. 
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SYSTEM
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 Township, but excluding:
A. 
A facility that serves only to retransmit television signals of one or more television broadcast stations;
B. 
A facility that serves subscribers without using any public right-of-way;
C. 
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, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
D. 
An open video system that complies with Section 653 of the Cable Act; or
E. 
Any facilities of any electric utility used solely for operating its electric utility system.
COMPLAINT
Any written or oral communication from or by a subscriber to the cable operator that communicates the occurrence of a service interruption, requires a work order/service call or raises a billing issue.
CONVERTER
An electronic device which converts signals to a frequency not suitable for interference with the television receiver of a subscriber and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations, at the set, or by remote control.
DROP
The cable that connects a subscriber's home to the nearest feeder cable of the system.
EDUCATIONAL ACCESS CHANNEL
Any channel capacity designated for noncommercial educational use.
FCC
The Federal Communications Commission, its designee or any successor thereto.
FRANCHISE
An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to Section 626 of the Cable Act), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions of this chapter between the Township and a franchisee that sets forth, subject to this chapter, the terms and conditions under which the franchise will be exercised.
FRANCHISE AREA
The entire Township, or such portions thereof, for which a franchise is granted under the authority of this chapter or any prior ordinance. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the Township, including all territories thereafter annexed to the Township.
FRANCHISEE OR GRANTEE
The natural person(s), partnership(s), domestic or foreign corporation(s), association(s), joint venture(s), organization(s) or other legal entity and its/their lawful successor, transferee or assignee which have been legally granted a franchise by the Township. The terms are used interchangeably throughout this chapter.
FRANCHISE FEE
The consideration paid by the franchisee to the Township as consideration for the grant of a franchise in the Township. The specific franchise fee for a franchisee shall be set forth in a franchise agreement which is executed pursuant to this chapter.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLE
The conventions, rules and procedures necessary to define accepted accounting practices at a particular time. The source of such principles is the Financial Accounting Standards Board.
GOVERNMENT ACCESS CHANNEL
Any channel capacity on the cable system specifically designated for noncommercial, government access use.
GRANTOR
The Township of Caln, as represented by the Township Board of Commissioners acting within the scope of its jurisdiction.
GROSS REVENUES
All revenue received directly or indirectly by franchisee, arising from, attributable to, or in any way derived from the operation of franchisee's cable system in the service area to provide cable services. Gross revenues shall include, but are not limited to, the following: basic service fees; fees charged to subscribers for any service tier 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 services; charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for video or audio programming; fees for leased access programming; rental or sales of any and all equipment, including converters and remote control devices; any and all advertising revenues; revenues or commissions from home shopping channels; fees for any and all music services; fees for video-on-demand; sales of program guides; late payment fees; NSF check charges; and franchise fees. Gross revenues shall not include bad debts or any taxes on services furnished by franchisee and imposed directly upon any subscriber or user by the Township, state, federal or other governmental unit. These items shall be paid to the Township whether they are earned directly by franchisee or by an affiliated entity of franchisee which provides cable service over the cable system.
INSTALLATION
The act of connecting the cable system from the feeder cable to the subscriber terminals so that cable television service may be received by the subscriber.
LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL
Any channel designated for the use by persons unaffiliated with the franchisee offered at rates consistent with the Cable Act and FCC regulations.
PERSON
An individual, partnership, association, organization, joint-stock company, trust, corporation or governmental entity.
PUBLIC ACCESS CHANNEL
Any channel capacity on the cable system designated for noncommercial use by the general public or noncommercial organizations for which it is available for use without charge on a nondiscriminatory basis in accordance with the rules and regulations specified in the franchise.
PUBLIC NOTICE
Notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days from the date of the hearing and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY
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, park, parkway, waterway, utility easement or other public right-of-way, now or hereafter owned, dedicated to, held, approved or controlled by the Township, which shall entitle the Township and the franchisee to the use thereof for the purpose of installing and maintaining the franchisee's cable television system. No reference herein, or in any franchise, to "public right-of-way" shall be deemed to be a representation of or guaranty by the Township that its interest or other right to control the use of such property is sufficient to permit the Township's use for such purposes. The franchisee shall be deemed to gain only such rights as the Township may have the undisputed right and power to authorize by its issuance of a franchise to the franchisee, including such rights available pursuant to Section 621(a)(2) of the Cable Act.
SALE
Sale includes any sale, exchange or barter transaction.
SCHOOL
Any public or private, kindergarten through 12th grade, education institution located within the boundaries of the franchise area that receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as amended. The term "school" does not include "home schools."
SUBSCRIBER
A person or user of the cable system who lawfully receives cable service therefrom with the franchisee's express permission.
SYSTEM FACILITIES
Cable system equipment used by the franchise to provide services in the franchise area.
TOWNSHIP
The Township of Caln and its authorized officials.
USER
A person or organization utilizing channel capacity or equipment and facilities for the purpose of production and/or transmission of material as contrasted with the receipt thereof in the subscriber's capacity.