A.
The Township acknowledges that the technology of cable
systems is an evolving field. A franchisee's cable system in the Township
shall be capable of offering cable services that are comparable to
other cable systems owned and managed by the franchisee or an affiliated
entity of franchisee in Chester County ("Comparable Systems"), pursuant
to the terms of this subsection. The Township may send a written notice
to a franchisee, not to exceed one request every three years, requesting
information on cable services offered by such comparable systems in
the county. Within 60 days of receiving such request, the franchisee
shall provide the Township with information on any cable services
that are offered in any of the comparable systems but not being offered
in the Township; the percentage of total subscribers in such comparable
systems to whom such cable services are available; and when the franchisee
anticipates making such cable services available in the Township.
(1)
If the identified cable services are being offered
by franchisee and/or its affiliated entities to a least 40% of the
total subscribers in the comparable systems, the Township may require
the franchisee to make such cable services available in the Township.
Should the Township determine that the franchisee must commence provision
of such cable services, then the Township and the franchisee shall
enter into good faith discussions to negotiate a schedule for deployment
of such cable services. The discussions shall take into consideration
the benefits from the provision of such system improvements, the cost
of implementing them in the Township, the economic and technical feasibility
of implementing such improvements, the length of time necessary for
the franchisee to recover such costs, and the impact, if any, on subscriber
rates.
(2)
The Township shall not initiate the procedures set
forth under the preceding provisions or issue any order at a time
the franchise is subject to effective competition as defined by federal
law and as demonstrated to the Township by the franchisee.
B.
The franchisee shall provide the Township with a full
description of the cable system proposed for construction pursuant
to the grant by the Board of a franchise and shall, upon completion
of the cable system, or any upgrade thereof, submit to the Township
upon request as-built maps/plans of the entire cable system, and/or
upgrade, to the extent such maps/plans have not been previously provided
to the Township.
A.
The franchisee shall make cable service available
to every residential dwelling unit within the franchise area where
the minimum density is at least 30 dwelling units per mile for aerial
plant and 50 homes per mile for underground plant, and is within one
mile of the existing cable system. Subject to the density requirement,
the franchisee shall offer cable service to all new homes or previously
unserved homes located within 125 feet of the franchisee's distribution
cable. The franchisee may, in its sole discretion, elect to provide
cable service to areas not meeting the above density and distance
standards. The franchisee may impose an additional charge in excess
of its regular installation charge for any service installation requiring
a drop in or line extension in excess of the above standards. Any
such additional charge shall be computed on a time plus materials
basis to be calculated on that portion of the installation that exceeds
the standards set forth above.
B.
The franchisee shall install and provide basic courtesy
cable to all public buildings designated below, so long as they are
within 125 feet of franchisee's distribution cable. Each of these
installations shall include signal drop, at least one outlet and one
converter (or such other terminal equipment as may be necessary to
provide an electronic interface with a television receive). The franchisee
will provide internal building wiring, at its own cost, for time and
materials, and such wiring and other equipment as may be necessary
shall remain the property of the franchisee. The public buildings
to be provided with basic cable service shall include, but not be
limited to, the following within the franchisee's franchise area within
the Township:
(1)
All fire companies.
(2)
All owned or leased Township buildings.
(3)
The Township's public works garages.
(4)
The Township Police Department.
(5)
All public and private schools that receive funding
pursuant to Title I of the Elementary and Secondary Education Act
of 1965, 20 U.S.C. § 6301 et seq., as amended, not including
"home schools."
The cable system shall be designed, constructed
and operated so as to meet those standards promulgated by the FCC
relating to cable systems contained in Subpart K of Part 76 (or subsequent
subparts) of the FCC's promulgated Rules and Regulations as may, from
time to time, be issued, revised and updated.
