The Board of Commissioners hereby finds and declares that the public rights-of-way within the Township of Springfield:
A. 
Are used and useful for the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens.
B. 
Can be partially occupied by utilities and other public service entities for facilities used in the delivery, conveyance and transmission of utility and public services rendered for profit to the enhancement of the health, welfare and general economic well-being of the Township of Springfield and its citizens.
C. 
Are physically limited so that proper management by the Township of Springfield is necessary to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses, to prevent foreclosure of future uses through premature exhaustion of available right-of-way capacity and to minimize the inconvenience to the public from such facilities construction, emplacement, relocation and maintenance in the rights-of-way.
D. 
The public deserves fair and reasonable compensation for the property held by the township and made available to private entities providing for-profit services.
The Board of Commissioners adopts this ordinance to better:
A. 
Manage a limited resource to the long-term benefit of the public.
B. 
Recover the costs of maintaining and managing the public rights-of-way.
C. 
Receive fair and reasonable compensation for the value of the public rights-of-way used by telecommunications and cable television entities.
D. 
Minimize inconvenience of the public occasioned by the emplacement and maintenance of telecommunications facilities in the public rights-of-way.
E. 
Recover the burden imposed on taxpayers by occupation of the public rights-of-way by nongovernmental businesses.
F. 
Prevent premature exhaustion of capacity in the public rights-of-way to accommodate telecommunications, utility and other public services.
This ordinance is adopted pursuant to the Township of Springfield's powers, including but not limited to those under Article IX of the Pennsylvania Constitution, the First Class Township Code and Section 253 of the Communications Act of 1934, as amended, 47 U.S.C. § 253.
This ordinance is known and may be cited as the "Springfield Telecommunications Right-of-Way Ordinance."
For the purposes of this ordinance only, the following words shall have the following meaning:
AFFILIATE
The term affiliate, when used in relation to any person, means another person who de facto or de jure owns or controls, is owned or controlled by, or is under common ownership or control with such person.
ANNUAL FEE
An annual charge against the owner or operator of communications facilities in the public rights-of-way whereby the Township of Springfield recovers an apportioned share of the costs to the Township of Springfield in granting access to and maintaining those portions of the public rights-of-way used by the franchisee, licensee or lessee in its business. Governmental entities are not subject to the annual occupancy fee.
APPLICANT
A person who submits an application.
APPLICATION
A request for authority to construct, emplace, replace, reconstruct, operate or maintain a telecommunications system within the township, transfer a franchise or license, renew a franchise or license or modify a franchise or license. An application includes the initial request plus all subsequent written amendments or supplements to the request.
COMMUNICATIONS FACILITY
That part of a tangible facility that occupies the public rights-of-way and is used to provide open video system (OVS) services, as described in this section, or one or more telecommunications services or to transmit telecommunications signals. The term "telecommunications facility" includes radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals.
COMMUNICATIONS SERVICES
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 service but does not include over-the-air broadcasts to the public at large licensed by the Federal Communications Commission.
FACILITIES
Tangible, bounded devices over or through which communications are transmitted or which control or process transmissions of communications.
FEDERAL COMMUNICATIONS COMMISSION (or FCC)
The Federal Communications Commission or its successor.
FRANCHISE
The legal authorization granted by the Township of Springfield to a person to construct, maintain or emplace upon, across, beneath or over any public right-of-way in this Township of Springfield a specified communications facility and to operate and maintain such facility. The term does not include any license or permit that may be required by this ordinance or other laws or ordinances.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions of this ordinance between the Township of Springfield and a franchisee that sets forth, subject to this ordinance, the terms and conditions under which the franchise may be exercised.
FRANCHISEE
A person that has been granted a franchise by the Township of Springfield.
LEASE
An agreement between the Township of Springfield and a telecommunications provider or the owner or operator of communications facilities under which the provider or owner or operator is permitted to occupy space on Township of Springfield-owned or -controlled public rights-of-way or supporting structures to emplace and maintain a radio frequency antenna or antennas or other communications facility.
LICENSE
The legal authorization of the Township of Springfield Township Manager or a designee to issue a work permit to a person, not otherwise a franchisee, to construct, maintain or emplace upon, across, beneath or over any public right-of-way in this Township of Springfield a specified communications facility. The operator of communications facilities may be required to hold different authorizations for different services to which different titles of this ordinance apply.
LICENSE AGREEMENT
A contract entered into in accordance with the provisions of this ordinance between the Township of Springfield and a licensee that sets forth, subject to this ordinance, the terms and conditions under which the license may be exercised.
LICENSEE
A person that has been granted a license by the Township of Springfield.
OPEN VIDEO SYSTEM (OVS)
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 C.F.R., Part 76, as amended from time to time. An open video system shall be treated as a cable system for purposes of this ordinance, except for the purposes of Article II and where the context otherwise requires.
OVS FRANCHISE
Under Article II is a franchise for the use of the public rights-of-way for the construction and operation of an OVS system for the provision of video programming services only through an open video system, provided that the operator of which has been certified in accordance with Section 653 of the Communications Act, U.S.C. § 573.
PERSON
Includes any individual, corporation, partnership, association, joint-stock company, trust, governmental entity or any other legal entity but not the Township of Springfield.
PUBLIC RIGHTS-OF-WAY
The surface and space above, on and below any public highway, avenue, street, lane, alley, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public easement, right-of-way or any other public ground or water within or in which the Township of Springfield now or hereafter holds any property interest which, consistent with the purposes for which it was dedicated or otherwise acquired, may be used for the purpose of constructing, operating and maintaining a communications facility. No reference herein, or in any license agreement, to a public right-of-way shall be deemed to be a representation or warranty by the Township of Springfield that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a licensee shall be deemed to acquire only those rights of user as are properly in the Township of Springfield and as the Township of Springfield may have the undisputed right and power to give.
RESALE CERTIFICATE
A document on a form prescribed by the Township Manager wherein the licensed provider of telecommunications services, rendered in whole or in part via the facilities of another licensee in the public rights-of-way, certifies what its payments to the underlying provider(s) in respect of such services have been. The resale certificate provides the basis for a deduction by the underlying provider of telecommunications services or that portion of its revenues derived from resales by the reselling licensee.
RESELLER
Refers to a person that provides one or more telecommunications services for hire which are carried in whole or in part by means of the services of one or more other providers or over one or more telecommunications facilities in the public rights-of-way in which that person lacks a present possessory interest.
TOWNSHIP MANAGER
The Township Manager of the Township of Springfield.
TRANSFER
The "transfer" of an interest in a license or franchise means the sale or transfer, directly or indirectly, of an existing or newly created equity interest in the licensee or franchisee whether or not it may result in a transfer of control of the licensee or franchisee.
VIDEO PROGRAMMING
Programming provided by or generally considered comparable to programming provided by a television broadcast station.
VIDEO PROGRAMMING SERVICES
The term "video programming services" includes the provision of video programming for a fee or other compensation.
WORK PERMIT
An authorization issued by the Township of Springfield to enter upon the public rights-of-way to erect, construct or emplace communications facilities. "Work permits" are permits issued pursuant to the general laws of the Township of Springfield allowing a person to erect, hang, lay, bury, draw, emplace, construct, reconstruct, relocate, repair, operate, disconnect, remove or displace any communications facility upon, across, beneath or over any public right-of-way in this Township of Springfield.
A. 
No person shall install, erect, hang, lay, bury, draw, emplace, construct or reconstruct any communications facility upon, across, beneath or over any public right-of-way in this Township of Springfield without first entering into a franchise agreement, license agreement or lease that compensates the Township of Springfield for the use of its public rights-of-way. The Township of Springfield may grant one or more franchises or licenses in accordance with this ordinance.
B. 
The provisions of this ordinance apply to communications systems and communications providers existing on the effective date of this ordinance and thereafter. A person must hold a valid franchise or license, subject to the provisions of this ordinance, for any portion of a communications system that occupies a portion of the public rights-of-way and for the provision of communications services over a communications system located, in whole or in part, within the public right-of-way.
A. 
No person shall install, erect, hang, lay, bury, draw, emplace, construct or reconstruct any communications facility upon, across, beneath or over any public right-of-way in the Township of Springfield without first obtaining a work permit therefore from the Township of Springfield.
B. 
No person shall enter upon, across, beneath or over any public right-of-way in the Township of Springfield to relocate or otherwise displace any communications facility that is located upon, across, beneath or over any public right-of-way without first obtaining a work permit therefor from the Township of Springfield.
C. 
No person shall maintain or operate a communications facility upon, beneath or over any public right-of-way in this Township of Springfield without paying to the Township of Springfield an annual fee as prescribed in this ordinance.
A. 
The Township Manager or a designee shall:
(1) 
Issue all work permits and inspect the work under each.
(2) 
Determine and collect annual fees for all cable, OVS or telecommunications services providers occupying public rights-of-way.
(3) 
Recommend that the Board of Commissioners issue franchises and licenses to all providers of communications services in accordance with the terms and procedures specified in this ordinance.
(4) 
Negotiate all franchise and license agreements in accordance with the terms and procedures specified in this ordinance.
(5) 
Collect and audit all annual per-lineal-foot fees owed by communications services providers under this ordinance.
(6) 
Collect and audit all franchise and license fees owed under this ordinance.
(7) 
Publish from time to time a schedule of application and hearing fees which shall be designed to recover the Township of Springfield costs in processing applications for franchises, licenses and permits hereunder and may provide specially for hearing fees in those cases where hearings are required.
B. 
The Township Manager shall be responsible for the continuing enforcement of all terms and conditions of permits, licenses, leases and other such instruments authorizing the use of employment of public rights-of-way of the Township of Springfield for communications facilities and services.
A. 
Civil infraction. Any person who knowingly violates any prohibition in § 130-7 shall be guilty of a civil infraction.
B. 
Forfeiture of facilities. Any communications facility constructed, maintained or operated upon, across, beneath or over any public right-of-way in this Township of Springfield in violation of this ordinance, including default as timely payment of annual fees or any franchise or licensee fee due hereunder, is hereby declared to be subject to forfeiture; and the Township of Springfield may seize, disable, remove or destroy such facility upon 30 days' advance notice in writing to the owner or operator thereof; provided, however, that where the safety of any person or property lawfully within the right-of-way is endangered thereby, only such notice as is practicable under the circumstances need be given.
C. 
Penalties.
(1) 
For violation of provisions of this ordinance or a franchise or license agreement entered into pursuant to this ordinance, penalties shall be assessable against a franchisee or licensee and shall be chargeable to the franchisee or licensee's performance bond in any amount up to the limits specified below at the Township of Springfield's discretion:
(a) 
For failure to submit any required plans indicating expected dates of installation of various parts of the system: $400 per day for each violation for each day the violation continues.
(b) 
For failure to commence operations in accordance with the requirements of the franchise or license agreement: $1,000 per day for each violation for each day the violation continues.
(c) 
For failure to substantially complete construction in accordance with the franchise or license agreement: $1,000 per day for each violation for each day the violation continues.
(d) 
For transferring the franchise or license without approval: $1,000 per day for each violation for each day the violation continues.
(e) 
For failure to comply with requirements for public, educational and governmental use of the system: $1,000 per day for each violation for each day the violation continues.
(f) 
For failure to supply information, reports or filings lawfully required under the franchise or license agreement or applicable law or by the Township of Springfield: $200 per day for each violation for each day the violation continues.
(g) 
For violation of consumer protection standards: $200 per violation or per day, as applicable.
(h) 
For failure, unless such failure is beyond the franchisee or licensee's control, of the system to perform in the event of a public emergency or vital information situation: $250 per occurrence.
(i) 
For failure to render payment for reimbursement of any franchise or license expenses or failure to pay franchise or license fees or liquidated damages: $100 per day.
(j) 
For failure to file, obtain or maintain any required performance bond in a timely fashion: $50 per day.
(k) 
For failure to restore damaged property: $50 per day in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in a franchise or license agreement.
(l) 
For any other violations of this ordinance, a franchise or license agreement or other applicable law: $200 per day for each violation for each day the violation continues.
(2) 
The franchisee or licensee shall pay any penalty in accordance with this ordinance within 14 days after receipt of notice from the Township of Springfield of such penalty.
(3) 
To the extent that penalties are applied to a franchisee or licensee under this section, a franchisee or licensee shall not be subject to liquidated damages payable to the Township of Springfield.
(4) 
The Township of Springfield may reduce or waive any of the above-listed penalties for good cause shown.
D. 
Pending litigation or any appeal to any regulatory body or court having jurisdiction over a franchisee or licensee shall not excuse the franchisee or licensee from the performance of its obligations under this ordinance or its franchise or license agreement unless a stay is obtained. Failure of the franchisee or licensee to perform such obligations because of pending litigation or petition, in the absence of a stay issued by a forum of competent jurisdiction, may result in forfeiture or revocation pursuant to the provisions of this ordinance and/or its franchise or license agreement.
E. 
Injunctive relief. In addition to the foregoing remedies, the Township of Springfield may seek an injunction to mitigate or terminate the violation or employ any other remedy available at law or equity.
F. 
Reduction of term. Where, after notice and after a hearing, if timely requested by a franchisee or licensee, the Township Manager finds that the franchise or license is being operated in substantial violation of its terms or this ordinance, the Township Manager may make an appropriate reduction in the remaining term of the franchise or license after a hearing, at which the franchisee or licensee shall have the burden of proof. Such a hearing shall not be required before the Township Manager's action if the franchisee or licensee waives the hearing in writing.
G. 
No waiver. The failure of the Township of Springfield to insist on timely performance or compliance by any person holding a franchise or license or work permit shall not constitute a waiver of the Township of Springfield's right to later insist on timely performance or compliance by that person or any other person holding such a franchise, permit or license.
A. 
No franchise or license under this ordinance shall be for a term of longer than 15 years.
[Amended 10-12-2004 by Ord. No. 1424]
B. 
Franchises issued pursuant to this ordinance shall be renewable in accordance with the provisions of Article II or Article III hereof and federal law.
C. 
The franchisee or licensee of any franchise or license under this ordinance, as the case may be, shall promptly commence to exercise its privileges thereunder. Each franchisee or licensee within six months of the effective date of the franchise or license shall file with the Township Manager or his delegee a report under oath describing the extent of operations and/or preparatory measures thereto since the effective date. On each anniversary of the effective date of grant, the franchisee or licensee shall file with the Township Manager or his delegee a report under oath describing the extent of operations under the franchise or license. If any such annual report shows no revenue-producing services or no active offering of revenue-producing services or no active offering of revenue-producing services in the case of franchises and licenses, or non-use in whole or in part, the Township of Springfield may direct to the franchisee or licensee an order to show cause why such franchise or license shall not be deemed abandoned, returnable in not less than 30 days. After a hearing, if requested in a timely manner by the franchisee or licensee, the Township of Springfield may find that the franchise or license has been abandoned and declare it forfeited. Thereupon, the Township of Springfield may either take possession of some or all of the licensee's or franchisee's facilities in the public rights-of-way or require the licensee or franchisee or its bonding company to remove some or all of the licensee's or franchisee's facilities from the public rights-of-way and to restore the public rights-of-way to their prior condition.
A. 
Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade or rebuild of the communications facility. The schedule shall provide for prompt completion of the project considering the amount and type of construction required.
B. 
No construction, operation or repair of the communications facility within the public rights-of-way shall be commenced until written permits have been properly filed for and obtained from the proper Township of Springfield officials and all permit and associated fees paid. In any permit so issued, the Township of Springfield may impose such conditions and regulations as a condition of the granting of the permit as are necessary for the purpose of protecting any structures in the public rights-of-way, for the proper restoration of such public rights-of-way and structures and for the protection of the public and the continuity of pedestrian and vehicular traffic.
C. 
No franchisee, licensee or holder of any work permit for any communications facility shall dig, trench or otherwise excavate in the public rights-of-way without complying with the applicable state and local "Miss Utility" or other construction programs or its successors.
D. 
No franchisee, licensee or holder of any work permit for any communications facility shall erect new aerial plant in or on a public right-of-way in which one or more public service providers (electricity, telephone, cable television) has placed its lines underground or in an area where the Township of Springfield by ordinance, has forbidden new aerial plant to be constructed or existing aerial plant to be maintained.
E. 
The Township of Springfield shall have the right to install and maintain free of charge upon any poles or in any conduit owned by a franchisee or licensee any wire and pole fixtures that do not unreasonably interfere with the cable operations of the franchisee or licensee, provided that, if the Township of Springfield uses a franchisee's or licensee's conduit or poles to install a communications facility that competes with that of franchisee or licensee in the provision of video programming services to residential subscribers, the franchise or license agreement may provide that the franchisee or licensee may charge the Township of Springfield a fair market rate pursuant to that franchise or license agreement. Franchisee or licensee shall notify the Township of Springfield when it enters into an agreement for use of its poles and conduits. Copies of agreements for use of franchisee's or licensee's conduits or poles in the public rights-of-way or on other public property shall be available for review upon the Township of Springfield's request. A franchise or license agreement may include a provision under which the Township of Springfield shall indemnify, defend and hold a franchisee or licensee harmless for all claims arising out of the Township of Springfield's use of that franchisee's or licensee's poles and conduits where the franchisee or licensee and the Township of Springfield do not have a joint pole or conduit use agreement.
F. 
Every franchisee, licensee and holder of any work permit shall make available to any franchisee or licensee space on its poles to the extent practicable and at a reasonable charge, calculated in accordance with Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. § 224; and any franchisee or licensee under this ordinance may request another franchisee or licensee to rearrange its facilities or change out its pole to reasonably accommodate the requesting franchisee's or licensee's facilities at the reasonable expense of the requesting franchisee or licensee.
G. 
Every franchisee, licensee or holder of any work permit shall make available to other franchisees or licensees any of its conduits that are excess, so long as they are excess, at a reasonable rental fee; provided, further, that the Township of Springfield may require as a condition of issuing any work permit for underground conduit the installation of which requires excavation in or under or along or across any traveled way that the franchisee, licensee or holder of the work permit emplace accommodating other franchisees and licensees for a reasonable charge.
H. 
Each franchisee, licensee or holder of any work permit for any communications facility shall, upon written notice from the Township of Springfield, reasonably in advance, promptly relocate its lines at its own expense to accommodate realignment or construction of public streets, sidewalks, curbs, drains, sewers and public improvements of any sort.
I. 
Every franchisee or licensee that ceases operating or maintaining any communications facility in a public right-of-way shall, upon written request of the Township of Springfield within two years of the cessation or maintenance of such communications facility, promptly remove it. Should the franchisee or licensee neglect, refuse or fail to remove such facility, the Township of Springfield may remove the facility at the expense of the franchisee or licensee. The obligation to remove shall survive the termination of the franchise or license for a period of two years and shall be bonded.
J. 
A franchisee or licensee shall have the authority to trim trees that overhang public rights-of-way of the Township of Springfield so as to prevent the branches of such trees from coming in contact with the communications facility of the franchisee or licensee. Notwithstanding that grant of authority, if the franchisee or licensee performs the work, it shall be fully liable for any damages caused thereby and shall be responsible for replacing damaged trees and shrubs. Such franchisee or licensee shall be responsible for notifying abutting property owners prior to trimming trees and shall obtain permission from the Township Manager or a designee pursuant to the General Laws of the Township of Springfield. At the option of the Township of Springfield, such trimming may be done by it.
No franchise, license or work permit shall be valid until the franchisee, licensee or permittee, as the case may be, shall have filed with the Township Manager a bond or letter of credit, in acceptable form, running in favor of the Township of Springfield to guarantee the franchisee's, licensee's or permittee's obligations under this ordinance. The amount of the bond or letter of credit shall be no less than the cost of removal of the facilities authorized by such franchise, license or work permit or as specified in another article of this ordinance, whichever amount is greater.
A. 
Surety bond.
(1) 
In any franchise agreement entered into before the effective date of this ordinance, the township and franchisee may agree that a franchisee may, in lieu of the security fund, file and maintain with the township a bond with an acceptable surety in the amount of $100,000 to indemnify the township against any losses it may suffer in the event that the franchisee fails to comply with one or more of the provisions of its franchise. Said bond shall be obtained at the sole expense of the franchisee and remain in effect for the full term of the franchise plus an additional six months thereafter. The franchisee and its surety shall be jointly and severally liable under the terms of the bond for any damages or loss suffered by the township as a result of the franchisee's nonperformance, including the full amount of any compensation, indemnification or cost of removal of any property of the franchisee in the event of default, and a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond. The bond shall provide for 30 days' prior written notice to the township of any intention on the part of the franchisee to cancel, fail to renew or otherwise materially alter its terms. Neither the filing of a surety bond with the township nor the receipt of any damages recovered by the township thereunder shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under the terms of its franchise for damages, either to the full amount of the bond or otherwise.
(2) 
Security fund in addition to all other township rights. The rights reserved to the township with respect to any security fund or an indemnity bond are in addition to all other rights of the township, whether reserved by this ordinance or authorized by other law or the franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund or indemnity bond will affect any other right the township may have.
(3) 
Procedures. The franchise agreement shall provide for the procedures to be followed with respect to drawing upon the security fund and surety bond.
B. 
Security deposit. A franchise agreement may provide that, prior to the franchise's becoming effective, the franchisee shall post with the township a cash security deposit to be used as a security fund to ensure the franchisee's faithful performance of and compliance with all provisions of this ordinance, the franchise agreement and other applicable law and compliance with all orders, permits and directions of the township and the payment by the franchisee of any claims, liens, fees or taxes due the township which arise by reason of the construction, operation or maintenance of the system. The amount of the security fund shall be $20,000.
C. 
Performance bond.
(1) 
Establishment of performance bond. Prior to any system construction, upgrade or other work in the streets, a franchisee shall establish in the township's favor a performance bond in an amount specified in the franchise agreement or other authorization as necessary to ensure the franchisee's faithful performance of the construction, upgrade or other work. The amount of such performance bond shall equal one half of the proposed construction costs, reduced to 10% of the total costs of the project after the township certifies satisfactory completion of the project.
(2) 
Recovery under performance bond. In the event that a franchisee subject to such a performance bond fails to complete the cable system construction, upgrade or other work in the streets in a safe, timely and competent manner in accord with the material provisions of the franchise agreement, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the township as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the franchisee or the cost of completing or repairing the system construction, upgrade or other work in the streets, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The township may also recover against the bond any amount recoverable against the security fund or surety bond where such amount exceeds that available under the security fund or surety bond. Before seeking recovery under this Subsection C(2), the township shall provide to franchisee reasonable notice and opportunity to cure.
(3) 
Changes to amount of performance bond. The franchise agreement shall specify that upon completion of the system construction, upgrade or other work in the streets and payment of all construction obligations of the cable system to the satisfaction of the township, the township shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established considering the nature of the work performed. The township may subsequently require a new bond or an increase in the bond amount for any subsequent construction, upgrade or other work in the streets. In any event, the total amount of the bond shall at all times equal 10% of the cost of the work.
(4) 
Qualifications of sureties. The performance bond shall be issued by a surety with an A-1 or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the township; and shall contain the following endorsement: "This bond may not be canceled, or allowed to lapse, until 60 days after receipt by the township, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."
(5) 
Performance bond in addition to all other township rights. The rights reserved by the township with respect to any performance bond established pursuant to this ordinance are in addition to all other rights and remedies the township may have under this ordinance, the franchise agreement or at law or equity.
D. 
Insurance required.
(1) 
A franchisee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the entire length of the franchise period, at least the following liability insurance coverage insuring the township and the franchisee: workers' compensation and employer liability insurance to meet all requirements of Pennsylvania law and comprehensive general liability insurance with respect to the construction, operation and maintenance of the cable system and the conduct of franchisee's business in the township, in the minimum amounts of:
(a) 
One million dollars for property damage resulting from any one accident.
(b) 
Three million dollars for personal bodily injury or death resulting from any one accident.
(c) 
Three million dollars for all other types of liability.
(2) 
Qualifications of sureties. All insurance policies shall be with sureties qualified to do business in the Commonwealth of Pennsylvania; shall be with sureties with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition; and in a form approved by the Township Manager.
(3) 
Policies available for review. All insurance policies shall be available for review by the township, and a franchisee shall keep on file with the township certificates of insurance.
(4) 
Additional insured; prior notice of policy cancellation. The township may require in a franchise agreement that all insurance policies shall name the township, its officers, boards, commissions, commissioners, agents and employees as additional insureds and shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the township. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the township which complies with this ordinance.
(5) 
No limit of liability. Neither the provisions of this section nor any damages recovered by the township shall be construed to limit the liability of the franchisee for damages under any franchise issued hereunder.
E. 
Remedies cumulative. All remedies under this ordinance and the franchise or license agreement are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a franchisee or licensee of its obligations to comply with its franchise or license. Remedies may be used singly or in combination; in addition, the Township of Springfield may exercise any rights it has at law or equity.
F. 
Relation to insurance and indemnity requirements. Recovery by the Township of Springfield of any amounts under insurance, the performance bond or letter of credit or otherwise does not limit a franchisee's or licensee's duty to indemnify the Township of Springfield in any way nor shall such recovery relieve a franchisee or licensee of its obligations under a franchise or license, limit the amounts owed to the Township of Springfield or in any respect prevent the Township of Springfield from exercising any other right of remedy it may have.
A. 
The franchisee or licensee shall, at its sole cost and expense, indemnify, hold harmless and defend the Township of Springfield, its officials, boards, commissions, Commissioners, agents and employees against any and all claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its system; copyright infringements or a failure by the franchisee or licensee to secure consents from the owners, authorized distributors or franchisees or licensees of programs to be delivered by the video programming system, if applicable; the conduct of the franchisee or licensee's business in the Township of Springfield; or in any way arising out of the franchisee's or licensee's enjoyment or exercise of the franchise or license, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this ordinance or the franchisee or licensee agreement.
B. 
Specifically, the franchisee or licensee shall fully indemnify, defend and hold harmless the Township of Springfield and in its capacity as such the officers, agents, and employees thereof from and against any and all claims, suits, actions, liability and judgments for damages or otherwise subject to 47 U.S.C. § 558 arising out of or alleged to arise out of the installation, construction, operation or maintenance of the system, including but not limited to any claim against the franchisee or licensee for invasion of the right of privacy, defamation of any person, firm or corporation or the violation or infringement of any copyright, trade name, service mark or patent or of any other right of any person, firm or corporation. This indemnity does not apply to programming carried on any channel set aside for public educational or governmental use or channels leased pursuant to 47 U.S.C. § 532, unless the franchisee or licensee was in any respect engaged in determining the editorial content of the program or adopts a policy of prescreening programming for the purported purpose of banning or regulating indecent or obscene programming.
C. 
The indemnity provision includes, but is not limited to, the Township of Springfield's reasonable attorney's fees incurred in defending against any such claim, suit or proceeding.
D. 
No limit of liability. Neither the provisions of this section nor any damages recovered by the Township of Springfield shall be construed to limit the liability of the franchisee or licensee for damages under the franchise or license.
No franchise, license or work permit shall estop or limit the Township of Springfield in the full exercise of its governmental powers to protect the health and safety of the public, and all other governmental powers may be fully exercised except as expressly provided herein. The Township of Springfield expressly reserves the right to amend this ordinance from time to time in the exercise of its legislative powers.
A. 
A franchise or license shall be deemed a revocable privilege that is held in the public trust and personal to the original franchisee or licensee. Notwithstanding any provision of the franchise or license agreement, no transfer of a franchise or license, no assignment of the franchise or license agreement and no delegation of the franchisee's or licensee's rights or duties under its franchise or license agreement to a person other than franchisee or licensee shall be effective or permitted without prior notification to, and express approval by, the Township of Springfield.
B. 
No franchise or license shall be sold, transferred or assigned nor shall a change in control of a franchise, franchisee, license or licensee, de facto or de jure, take effect until an application in proper form has been filed with and accepted by the Township of Springfield. Additional approvals are required in the cases of cable franchises and any franchise or license under which specific services or facilities are required to be provided to the Township of Springfield.
C. 
Notwithstanding the foregoing, a franchise or license agreement may provide that transfers to affiliates of a franchisee or licensee shall be excepted from the requirements of this section where the affiliate is wholly-owned and managed by an entity that will guarantee the performance under a franchise or license agreement and the transferee affiliate:
(1) 
Notifies the Township of Springfield of the transfer at least 60 days before it occurs and, at that time, provides the agreements and warranties required by this section, describes the nature of the transfer and submits complete information describing who will have direct and indirect ownership and control of the facility after the transfer.
(2) 
Warrants that it has read, accepts and agrees to be bound by each and every term of the franchise or license and related amendments, regulations, ordinances and resolutions then in effect.
(3) 
Agrees to assume all responsibility for all liabilities, acts and omissions known and unknown of its predecessor franchisees or licensees for all purposes, including renewal.
(4) 
Agrees that the transfer shall not permit it to take any position or exercise any right which could not have been exercised by its predecessor.
(5) 
Warrants that the transfer will not substantially increase the financial burdens upon or substantially diminish the financial resources available to the franchisee or licensee (the warranty to be based on comparing the burdens upon and resources that will be available to the transferee compared to its predecessors) or otherwise adversely affect the ability of the franchisee or licensee to perform.
(6) 
Warrants that the transfer will not in any way adversely affect the Township of Springfield or subscribers (including by increasing rates).
(7) 
Notifies the Township of Springfield that the transfer is complete within five business days of the date the transfer is complete.
(8) 
Agrees that the transfer in no way affects any evaluation of its legal, financial or technical qualifications that may occur under the franchise or license or applicable law after the transfer and does not directly or indirectly authorize any additional transfers.
D. 
At least 120 calendar days prior to the contemplated effective date of a transfer, the franchisee or licensee shall submit to the Township of Springfield an application for approval of the transfer. Such an application shall provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. At a minimum, the following information must be included in the application, provided that a franchisee or licensee is not required to duplicate information that it submits to the Township of Springfield to comply with its obligations under federal or state law:
(1) 
All information and forms required under federal law or the equivalent of such forms if no longer required by federal law.
(2) 
All information required in § 130-20 of this ordinance.
(3) 
A detailed statement of the corporate or other business entity organization and management structure of the proposed transferee, together with an explanation of how decisions regarding cable services will be made if the proposed transaction is approved.
A. 
A franchise or license may be revoked by the Township of Springfield on the recommendation of the Township Manager and with the approval of the Board of Commissioners for failure to construct, emplace, reconstruct, replace, operate or maintain the communications facility as required by this ordinance or the franchise or license agreement or for any other material breach of this ordinance or the franchise or license agreement, franchise or license. The Township of Springfield must give a franchisee or licensee written notice that it is in material breach of this ordinance or the franchise or license agreement. If the franchisee or licensee does not correct the breach within 30 days of the notice, or corrective action is not being actively and expeditiously pursued and is not completed to the Township of Springfield's satisfaction within 90 days of the notice, the Township of Springfield must give written notice to the franchisee or licensee of its intent to revoke the franchise or license. The Township of Springfield must give the franchisee or licensee written notice of the basis for a revocation, stating its reasons. Upon timely demand by the franchisee or licensee, an administrative hearing must be held before the Township of Springfield may revoke a franchise or license. The hearing procedures may be modified by the township by resolution where appropriate.
B. 
The presiding officer must issue a recommended decision after the administrative hearing. The Township Manager may provide for the filing of written comments in response to the recommended decision. After the comment period, the Township Manager must submit written recommendations to the Board of Commissioners.
C. 
The Board of Commissioners must give notice and hold a public hearing, unless waived by the franchisee or licensee, and then determine by written resolution or other form of decision whether or not to revoke the franchise or license based on the recommended decision, the recommendations of the Township Manager, information presented at the public hearing and other evidence in the record. The resolution or other form of decision must include reasons for the Board of Commissioners' decision.
D. 
Any franchise or license will automatically be revoked 120 days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee or licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors or other action or proceeding unless the township consents to a waiver of such revocation. The Township of Springfield must hold a public hearing before revoking a franchise or license under this subsection upon timely demand of the franchisee or licensee. The Township of Springfield may not revoke a franchise or license under this subsection if, during the one-hundred-twenty-day period:
(1) 
The assignment, receivership or trusteeship is vacated; or
(2) 
The assignee, receiver or trustee has fully complied with the terms and conditions of this ordinance and the franchise or license agreement and has executed an agreement, approved by the court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of the franchise or license with any changes reasonably deemed necessary by the Township of Springfield.
E. 
The Township of Springfield may revoke the franchise or license if there is a foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee or licensee by serving notice on the franchisee or licensee and the successful bidder. The franchise or license and all rights and privileges of the franchise or license will be revoked 30 days after the Township of Springfield serves notice under this subsection unless:
(1) 
The Township of Springfield has approved a transfer of the franchise or license.
(2) 
The successful bidder has agreed with the Township of Springfield to assume and be bound by the terms and conditions of the franchise or license with any changes reasonably deemed necessary by the Township of Springfield.
(3) 
If the Township of Springfield revokes a franchise or license or the franchisee or licensee surrenders its franchise or license or if for any other reason a franchisee or licensee abandons, terminates or fails to operate or maintain service to its subscribers, the Township of Springfield may require the franchisee or licensee to remove its facilities and equipment at the franchisee's or licensee's surety's expense.
F. 
Notwithstanding any provision in this ordinance or under the franchise agreement or license agreement, a franchise or license and the corresponding franchise or license agreement shall terminate automatically in the event any of the following occurs:
(1) 
The franchisee or licensee fails to provide the services, facilities, equipment or capacity for use by the Township of Springfield and other public agencies required by the franchise agreement or license agreement for a period exceeding three days.
(2) 
The franchisee or licensee fails for 120 days after the expiration of the time period provided for under the franchise or license agreement to construct, emplace, reconstruct, replace, operate or maintain the communications system as required by the franchise agreement or license agreement.
(3) 
The franchisee or licensee fails to pay to the Township of Springfield any of the franchise fee and annual fee payments required by this ordinance or the franchise or license agreement, for a period of 30 days after the due dates specified in this ordinance.
G. 
In the event that a franchise or license and corresponding franchise agreement or license agreement are terminated by operation of Subsection F, ownership of the system shall be deemed abandoned and forfeited to the Township of Springfield unless the Township of Springfield has, at any time prior or subsequent to the termination of the franchise or license and corresponding franchise or license agreement, notified the franchisee or licensee that the franchisee or licensee is required to remove its facilities and equipment, in which case the franchisee or licensee shall remove its communications system, communications facilities and equipment at the franchisee's or licensee's or surety's expense.
H. 
A lease under § 130-26 may be revoked by the Township Manager after notice of a material violation of the lease terms.
Each franchisee and licensee and the affiliates thereof, wherever located, shall maintain books, records and plant accounts sufficient to document the obligations of each franchisee and licensee under this ordinance. Such books, records and accounts shall be maintained and available for inspection for a period of four years; provided, however, that such books, records and accounts shall be maintained and available during the continuation of any audit by or on behalf of the Township of Springfield commenced during such four-year period or during any dispute or litigation with respect thereto.