[HISTORY: Adopted by the Board of Supervisors of the Township of
Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1993 by Ord. No. 1287[1]]
[1]
Editor's Note: This ordinance also repealed former Appendix,
Part VI, Community Antenna Television System, adopted 7-12-1977 as Ord. No.
976, amended 8-8-1978 by Ord. No. 996.
A.
In consideration of the faithful performance and observance
of the conditions and reservations hereinafter specified, the nonexclusive
right (hereinafter referred to as "franchise") is hereby granted to a franchisee
(hereinafter referred to as "company") to construct, own, operate and maintain
a community antenna cable television system and to erect, maintain and operate
television transmission and distribution facilities and additions thereto
in, under, over, along, across and upon the streets, lanes, avenues, sidewalks,
alleys, bridges and other public places in the Township of Springfield, Delaware
County, Pennsylvania, and subsequent additions thereto, for the purpose of
transmission and distribution of audio and visual impulses and television
energy 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 Springfield, now in effect or hereafter enacted. The duration
of the rights, privileges and authorities hereby granted shall be 10 years
from the date of acceptance of this ordinance by the company, provided that
the Township shall have the option of extending this franchise for additional
periods of five years unless the Township gives the company not less than
one year's written notice of the intent not to so renew this franchise.
B.
During the six-month period which begins with the 36th
month before the franchise expiration, the Advisory Council may on its own
initiative and shall at the request of the company commence proceedings which
afford the public appropriate notice and participation for the purpose of:
C.
A four-month period shall be allowed for determining
the company's eligibility for franchise renewal. The Council shall consider
the company's annual reports to the Township, the Federal Communications
Commission (FCC) and the commonwealth, if such is required, and these shall
be considered in light of cable television industry performance on a national
basis in respect to technical developments and performance, programming, cost
of service and the particular requirements set out in this ordinance. After
a public hearing, duly advertised, the Council shall make recommendation,
in writing, to the Township for renewal of the franchise without change in
contract, renewal with amendment(s) to the contract or termination of the
franchise. In the latter instance, the specific reasons for nonrenewal of
the franchise are to be stated.
There is hereby granted the further right, privilege and authority to
the company to lease, rent, subscribe to service or in any other manner obtain
the use of towers, poles, lines, cable, facilities, services, licenses and
franchises within the limits of the Township of Springfield, Pennsylvania,
including the Bell Telephone Company of Pennsylvania and the Philadelphia
Electric Company, and to use such towers, poles, lines, cables and other equipment
and facilities, subject to all existing and future ordinances and regulations
of the Township. The poles used for the company's distribution system
shall be those erected and maintained by the telephone or electric companies
when and where practicable, provided that mutually satisfactory rental agreements
can be entered into with said companies.
A.
The company shall have the right and privilege to construct,
erect, operate and maintain in, upon, along, above, across, over and under
the streets such poles, wires, cable, conductors, ducts, conduit, vaults,
manholes, amplifiers, appliances, attachments and other property as may be
necessary and appurtenant to its system, provided that individual permits
are issued for the location of such poles subject to the approval of the affected
homeowner and the Advisory Council in conjunction with the Board of Commissioners
and, in addition, so to use, operate and provide similar properties rented
or leased from other persons, firms or corporations for such purpose.
B.
The company's rights and privileges shall be subordinated
to any prior lawful use or occupancy of the streets or other public property
and shall not be so used as to interfere with existing improvements or with
new improvements this Township may deem proper to make or as to hinder or
obstruct the free use of the streets, alleys, bridges or other public property.
In the event that any equipment or facilities of the company shall interfere
with any such improvement existing or intended to be made by the Township,
the company shall, upon notice from the Township, forthwith relocate said
equipment and facilities at the company's expense so as to eliminate
said interference.
C.
Construction and maintenance of the transmission distribution
system shall be in accordance with the provisions of the National Electrical
Safety Code, 1993 (NED-70), or any amendments or revisions thereof and in
compliance with any applicable rules, regulations or orders now in effect
or hereafter issued by any federal or state commission or any other public
authority having jurisdiction.
D.
All installations of equipment shall be durable or of
a permanent nature and installed in accordance with good engineering practice
as outlined by the National Bureau of Standards, American Institute of Electrical
Engineers and American Society of Mechanical Engineers. The company shall
comply with all Township regulations, ordinances and state and federal laws
now existing or hereinafter enacted so as not to interfere with the right
of the public or individual property owner and so as not to unduly interfere
with the travel and use of public places by the public during the construction,
repair or removal thereof.
E.
In the construction, conduct, maintenance and operation
of its business, the company shall comply with all requirements of Township
ordinances, resolutions, local laws, rules, regulations and specifications
heretofore or hereafter enacted or established, including but not limited
to those concerning street work, street excavation, use and removal and relocation
of property within a street.
This franchise authorizes only the installation and operation of a community
antenna television system and does not take the place of any other franchise,
license or permit which may be required by law or ordinance or regulation.
In all areas of the Township where cables, wires or other like facilities
of public utilities are placed underground, the company shall place its cables,
wires or other like facilities underground.
The company shall grant to the Township, free of expense, joint use
of any and all poles owned by it for any proper Township purpose, provided
that it may be done without interfering with the free use and enjoyment of
the company's own facilities.
In case of any emergency or disaster, the company shall, upon request
of the Township or its civil defense authority, make its facilities and personnel
available to the Township or said authority during the emergency or disaster
period without charge.
The company shall maintain an office easily accessible to Township residents
which shall be open during all usual business hours, have a listed telephone
and be so operated that complaints and requests for repairs and adjustments
and requests for use of facilities by the Township and its civil defense authority
may be received at any time.
The company shall not sell, repair and/or rent television sets and VCR's.
A.
The company shall supply to customer's television
set a picture that meets all current and future standards as required by the
FCC. If no standards are set by the FCC, the company will deliver picture
quality to all customers that meets all standards as set within the cable
industry and that is in compliance with the technical standards set by the
FCC in 1993.
B.
The company shall transmit signals that have the proper
signal quality through cable that is properly shielded to prevent signal leakage,
comply with all FCC requirements that pertain to signal leakage performance
criteria and provide a timely response and repair at no charge for all complaints
from non-cable customers who have impaired picture that is caused by cable
transmission.
C.
The company shall provide same-day service response,
on any normal working day, for all complaints and requests for adjustments
received before 12:00 noon. Calls received after 12:00 noon must be responded
to within 24 hours. After 12:00 noon on Saturdays or Sundays and holidays,
customers with problems must have a call back by 12:00 noon the next working
day. Twenty-four-hour emergency service will always be available for the following:
loss of channels for the entire cable system, downed lines blocking streets
or sidewalks, cable causing a dangerous situation to pedestrians or traffic,
or when five or more calls come from the Township due to picture loss or impaired
picture quality. Upon failure to remedy a loss of service attributable to
the cable system within 24 hours after a complaint, if requested, the company
shall credit 1/30 of the regular monthly charge to the subscriber for each
24 hours or fraction thereof, until service is restored.
D.
The company shall have the work done between the hours
of 7:00 a.m. and 12:00 noon whenever possible anytime there is a loss or interruption
of service to more than 500 subscribers caused by the company. Whenever the
company has a planned outage due to maintenance of the system, for a period
of 24 hours or more, the company shall credit to the subscriber's account
1/30 per diem of his monthly subscription fee. The requirements for maintenance
of equipment contained in this provision shall not apply to a subscriber's
television set.
E.
The company shall keep a log and file a copy thereof
at the end of each month with the Advisory Council listing by category all
complaints and trouble calls received, the number of second or subsequent
calls on the same complaint, the remedial action taken and the period of time
required to satisfy each reported complaint. The company shall file a list
of credits quarterly with the Council, when available.
F.
The company shall be required to interconnect its system
with any other broadband communications facility operating in a reasonably
nearby territory, such interconnection to be made within 60 days of a request
by the Township. For good cause shown, the company may request and the Township
may grant reasonable extension of time to comply with this requirement.
G.
The company shall have a representative attend meetings
of the Advisory Council on Cable Television or any other meetings when requested.
A.
The company shall pay to the Township 5% of the gross
annual receipts. "Gross receipts" shall mean any and all compensation and
other considerations in any form paid by and due or owing by subscribers to
the company or any lessee of the company from the sale of its services and
facilities to said subscriber or lessee of the company within the limits of
the Township. All installation charges, reconnection charges, service charges
and charges for inspection, repair or modification of installations, all advertising
revenue and all sales commissions from all present and future sales channels
shall be included in said sum.
B.
The company shall file with the Township, within 90 days
of the expiration of any fiscal year during which this franchise is in force,
financial statements certified by an independent accountant in accordance
with Statement on Auditing Standards No. 14 as issued by the Auditing Standards
Executive Committee of the American Institute of Certified Public Accountants,
Special Reports. Such statements shall not contain an adverse or disclaimer
of opinion. The auditor's opinion shall contain assurance that the company
is in compliance with the financial terms and provisions of this ordinance.
In addition to the normal adherence for applying audit procedures, the auditor
shall perform such work as may be necessary to satisfy himself that gross
revenues, as defined, are properly stated. Also, he shall express an opinion
on the monthly reports required by this ordinance.
C.
The company is required to file monthly reports including
but not limited to the franchise fee payment worksheet (to be provided by
the Township) within 15 days of month's end which present earned revenue.
On a monthly basis, the company shall pay 100% of the fees to the Township.
The Township Manager or his representative shall have the right to examine
or have examined the books and records of the company to assure compliance
with the terms and provisions of this ordinance, such cost to be paid by the
company. Noncompliance with the aforementioned will result in a penalty of
5% on moneys due for that month.
D.
The company shall keep on file with the Township a current
list of its stockholders, bondholders, owners and partners and the holdings
thereof.
This franchise right is a privilege to be held in personal trust by
the original grantee. It cannot be transferred, leased, assigned or disposed
of as a whole or in part, either by forced sale, merger, consolidation or
otherwise, without first offering to transfer, lease, assign or dispose of
in whole or in part to the Township by giving written notice to the Township.
The Township shall have 120 days to accept said offer under the same terms
and conditions as the offer received by company. In the event that the Township
does not accept the offer, the franchise cannot be transferred, leased, assigned
or disposed of, as a whole or in part either by forced sale, merger, consolidation
or otherwise, without the prior consent of the Township expressed by this
ordinance, and then only under such conditions as may therein be prescribed.
A.
Upon termination of service to any subscriber, the company
shall promptly:
(1)
Remove all personal property and/or equipment, including
but not limited to converters and remote controls.
(2)
Disconnect cable or wiring into subscriber's premises
either at the point of entry or at a feed point from cable tap.
(3)
Refund payment made in advance for service. The refund
of advance payment should be calculated based upon an effective termination
date, which shall be the date which occurs first that is the actual date of
termination of service into the premises or seven days after a request is
made by customer to discontinue service. If the company has the capability
of discontinuing service without visiting the premises, then the effective
date of termination shall be the day the customer requests termination of
service.
(4)
Promptly return security deposits, if any, upon the customer
returning equipment for which deposit is applicable.
(5)
Submit the final statement of account to the customer
within 45 days of voluntary termination of service.
B.
The company shall not impose a charge or fee to a customer
who requests termination of service. The company shall not be required to
remove cable or wiring from either the inside or outside of subscriber premises.
However, upon request from the subscriber, the company must remove aerial
cable or wiring from only the exterior of the customer's property.
At the expiration of the term for which this franchise is granted or
upon its termination and cancellation as provided for herein, the Township
shall have the right to require the company to remove at its own expense all
portions of the system from all public ways within the Township.
The company will file with the Township true and accurate copies of
maps and schedules of any major construction.
A.
In addition to all other rights and powers pertaining
to the Township by virtue of this ordinance or otherwise, the Township reserves
the right to terminate and cancel the franchise hereby granted and all rights
and privileges of the company hereunder in the event that the company:
(1)
Violates any material provision of this ordinance or
any rule, order or determination of the Township or Board of Commissioners
made pursuant to this ordinance.
(2)
Becomes insolvent or unable or unwilling to pay its debts
or is adjudged as bankrupt.
(3)
Violates any federal or Pennsylvania law or regulation.
B.
Such termination and cancellation shall be by ordinance
duly adopted after 30 days' notice to the company and shall in no way
affect any of the Township's rights under this franchise or any provision
of law.
This ordinance and the rights granted to the company shall become effective
upon execution of a contract between Springfield Township and the franchisee,
binding both parties to abide by all conditions of this ordinance.
A.
The company shall pay and by its acceptance of this franchise
the company specifically agrees that it will pay all damages and penalties
which the Township may legally be required to pay as a result of granting
the franchise. These damages or penalties shall include but shall not be limited
to damages arising out of the installation, operation or maintenance of the
system authorized herein, whether or not any act or omission complained of
is authorized, allowed or prohibited by this ordinance.
B.
The company shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the Township in defending itself with regard to all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses such as attorney's fees and shall also include the reasonable value of any services rendered by the Township Solicitor or his assistants or any employees of the Township.
C.
The company shall maintain and by its acceptance of this franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the Township and the company with regard to all damages mentioned in Subsection A above in the minimum amounts as follows:
(1)
The company shall provide evidence of workmen's
compensation and vehicle insurance from a carrier with an A.M. Best rating
of "A" or better.
(2)
Comprehensive general liability insurance shall be written
on an occurrence basis with a combined single limit of no less than $1,000,000
for bodily injury, property damage and personal injury.
D.
The company shall maintain and by its acceptance of this
franchise specifically agrees that it will maintain throughout the term of
this franchise a faithful performance bond running to the Township in the
penal sum of $100,000 conditioned that the company shall well and truly observe,
fulfill and perform each term and condition of this ordinance and that, in
case of any breach of condition of the bond, the amount thereof shall be recoverable
from the principal and surety thereof by the Township for all damages resulting
from the failure of the company to well and faithfully observe and perform
any provision of this ordinance.
E.
The insurance policy and bond obtained by the company
in compliance with this section must be written by an insurance company with
an A.M. Best rating of "A" or better and shall be approved by the Board of
Commissioners, and such insurance policy and bond, along with written evidence
of the payment of required premiums, shall be filed and maintained with the
Township Manager/Secretary during the term of this ordinance.
F.
All expenses of the above-noted insurance and bond shall
be paid by the company.
The company shall:
A.
Provide each public, private and parochial school, fire
station, ambulance corps building, public library and Township building, and
such public auditoriums and institutions as are requested by the Township
with a single drop and basic service without charge. Additional drops and
service will be charged to the facility by the company at cost to the company
of time and material only.
B.
Comply with the present and future rules and regulations
of the Federal Communications Commission in connection with and relating to
the operation of its system.
C.
Provide an education access channel. The company shall
maintain one specially designated channel for use by the Springfield School
District and provide at no cost a character generator for their exclusive
use.
D.
When additional channel space above 43 is added, provide
within 90 days:
(1)
Local government access channel. The company shall maintain
one specially designated channel for Springfield Township municipal use at
the Township Building or other place the Township may designate and provide
at no cost a character generator for their exclusive use.
(2)
Public access/leased access channel. The company shall
maintain at least one specially designated, noncommercial public access/leased
access channel available on a first-come, nondiscriminatory basis. In addition,
other portions of its nonbroadcast bandwidth, including unused portions of
the specially designated channels, shall be available for leased uses. On
at least one of the public access/leased channels, priority shall be given
to part-time users.
E.
Maintain and deliver a minimum of 43 channels and will
continue to increase the amount of channels available to its customers as
the technology and demand increases. The company shall meet and/or exceed
cable television industry standards as it relates to the number of channels
carried. At no time shall the company monitor the viewing habits of its customers
without the express permission of said customers. Pursuant to the Cable Communications
Policy Act of 1984 and the Cable Television Consumer Protection and Competition
Act of 1992, all personally identifiable information is used solely for the
normal business purpose of offering and rendering cable television service
to the customer. The company will not disclose personally identifiable information
without permission of the customer.
F.
Carry on its system the signals of all stations significantly
viewed in Delaware County, Pennsylvania, these to include all local network
and education VHF stations and local UHF stations and, in addition, no less
than two distant commercial stations.
G.
Conduct program origination cablecasting, in addition
to any automated services.
H.
Provide, for a fee, portable video production equipment
and the staff to aid local access cablecasters in producing their program.
A studio, located within a five-mile radius of the Township Building, must
be made available to all access users on a first-come-first-served basis.
A full schedule of rates for use of said equipment, studio and staff must
be provided. Rates may give preference to noncommercial users.
I.
Supply and install at no cost to the customer a closed-captioned
device when requested by the hearing impaired.
The company shall make cable service available, when permitted by the
property owner, to all residents in private housing in the Township subject
to all provisions of this ordinance.
The company must obtain a permit from the Township to provide segments
of subscribers any specialized service that will not be available to all subscribers.
All requests shall demonstrate that the service is not contrary to the public
interest and will not affect the company's ability to deliver service
to other users and subscribers.
A.
The Township shall not prohibit or limit any program
or any class or type of program or otherwise control the communications or
signals transmitted by the company or impose discriminatory or preferential
fees in any manner that would tend to encourage or discourage programming
of any particular nature, directly or indirectly, and shall not promulgate
any regulation that would interfere with the right of free speech by means
of cable television.
B.
The company shall not prohibit or limit any program or
class or type of program presented over a leased channel or any channel made
available for public access or educational purposes.
In the event of expiration, cancellation or transfer of the franchise,
the company shall be required to continue to operate the system until an orderly
change of operation is effectuated and shall be subject to an accounting for
net earnings or losses during this interim period.
A.
There is hereby established an Advisory Council on Cable
Television to be appointed by the Township. The Council shall be composed
of seven members who shall reflect the diverse community interests of the
Township and who shall serve for terms of three years. No employee or person
with ownership interest in a cable television franchise granted pursuant to
this ordinance shall be eligible for membership on this Council. The Chairperson
of the Council shall be elected by the members of the Council for a term of
one year. Any action of the Council shall require concurrence of four members
of the Council. An appropriation may be made by the Township for funding of
this Council, said money to come from fees paid the Township by the company
as specified in this ordinance.
B.
The Council shall have the following functions:
(1)
Meet regularly during the year.
(2)
Advise the Township on applications for franchises and
on franchise renewal.
(3)
Advise the Township on matters which might be grounds
for revocation of the franchise or imposition of a penalty on the company
in accordance with this ordinance.
(4)
Help to resolve disagreements among franchises or between
the company and subscribers or public or private users of the system.
(5)
Advise the Township in respect to policy relating to
the services provided to subscribers, to the operation and use of public channels
and to the availability of channel time for lease for pay-cable programs,
business users or informational programming.
(6)
Cooperate with other systems and supervise the interconnection
of systems.
(7)
Review annually a copy of the company's audit.
(8)
At the Council's discretion, require preparation
and filing of information additional to that required herein.
The company was represented throughout the negotiations of the franchise
renewal by its own attorneys and has had opportunity to consult with its own
attorneys about its rights and obligations regarding the franchise. In consideration
of the renewal of the franchise to the company, the company hereby waives
any claim which it may have with respect to the issuance of and/or the terms
and conditions of the Franchise Ordinance. In consideration of the renewal
of the franchise to the company, the company also releases the Township and
any of its elected officials, employees, representatives, agents, servants,
including attorneys, from any claims it may have, known or unknown; including,
without limitation, claims arising under Pennsylvania law, the Cable Communications
Policy Act of 1984 and the Cable Television Consumer Protection & Competition
Act of 1992, the ordinance and charter of the Township of Springfield and/or
the requirements of federal, state or municipal law, including the Constitutions
of the United States and of Pennsylvania. However, the foregoing release shall
not apply to any claims which the company may have with respect to the terms
and conditions of the Franchise Ordinance where substantially the same terms
and conditions of other cable television franchises have been held invalid
by a binding and final judgment of the United States or Pennsylvania Supreme
Courts.
A.
The company shall fully indemnify, defend and hold harmless
the Township, its officers, boards, commissions, elected officials, agents,
attorneys, representatives, servants and employees against any and all costs,
damages, expenses, claims, suits, actions, liabilities and judgments for damages,
including but not limited to expenses for legal fees, whether suit is brought
or not, and disbursements and liabilities incurred or assumed by the Township
in connection with:
(1)
Damage to persons or property in any way arising out
of or through the acts or omissions of the company or the Township, their
respective servants, officials, agents, attorneys, representatives or employees
or to which the company's or the Township's negligence or that of
their respective servants, agents, officials, attorneys, representatives or
employees shall in any way contribute;
(2)
Requests for relief arising out of any claim for invasion
of the right of privacy; for defamation of any person, firm or corporation;
for the violation of infringement of any copyright, trademark, trade name,
service mark or patent; or of any other right of any person, firm or corporation,
excluding claims arising out of or relating to the Township's own programming;
(3)
Any and all claims arising out of the company's
failure to comply with the provisions of this Franchise Ordinance or any federal,
state or local law, ordinance or regulation applicable to the company or the
CATV system;
(4)
Any and all claims which the company may now or hereafter
have or claim to have against the Township, its servants, agents, attorneys,
representatives, employees or officials due to or arising out of damage to
any of the company's property or equipment, including, without limitation,
the resulting or consequential loss of income, injury to reputation or any
other resulting or consequential damages of any kind caused by or resulting
from acts or omissions of the Township or any of its servants, agents, attorneys,
representatives, employees or officials; and
(5)
Any and all disputes arising out of a claim wherein damages
or other relief is sought as a result of the Township's cable communications
franchising procedure or as a result of the renewal of the cable communications
franchise or as a result of the Township's failure to award a franchise
to any other person, partnership, corporation or other legal entity.
B.
If suit is brought or threatened against the Township,
either independently or jointly with the company or with any other person
or municipality, the company, upon notice given by the Township, shall defend
the Township at the cost of the company. If final judgment is obtained against
the Township, either independently or jointly with the company or any other
defendants, the company shall indemnify the Township and pay such judgment
with all costs and satisfy and discharge the same.
C.
The Township reserves the right to cooperate with the
company and participate in the defense of any litigation either through intervention
or otherwise. The company shall pay upon receipt of written demand from the
Township all expenses incurred by the Township in defending itself with regard
to any matters in this section. These expenses shall include, but not be limited
to, attorneys fees and the reasonable value of services (as determined by
the Township) rendered by the Township or any of its employees, officials,
attorneys, servants, agents or representatives.
D.
The Township is in no manner or means waiving any governmental
immunity it may enjoy or any immunity for its agents, officials, servants,
attorneys, representatives and/or employees.
E.
The company shall make no settlement in any matter identified
above without the Township's written consent, which shall not be unreasonably
withheld. Failure to inform the Township of settlement shall constitute a
breach of this Franchise Ordinance, and the Township may seek any redress
available to it against the company whether set forth in this ordinance or
under any other municipal, state or federal law.
F.
If the Township awards any additional cable communications
franchise in any future franchise process to a firm other than the company,
then the company agrees that it will not bring or cause to be brought any
action, suit or other proceeding claiming damages or seeking any other relief
against the Township, its elected officials, officers, boards, commissions,
employees, representatives, servants, agents or attorneys for any award of
a franchise made in conformity with this ordinance, Pennsylvania law, the
Cable Communications Policy Act of 1984 and the Cable Television Consumer
Protection & Competition Act of 1992.
G.
All rights of the Township pursuant to indemnification,
insurance, letter of credit or performance bond(s), as provided for by this
ordinance, are in addition to all other rights the Township may have under
this ordinance or any other ordinance, rule, regulation or law.
H.
The Township's exercise of or failure to exercise
any rights pursuant to any section of this ordinance shall not affect in any
way the right of the Township subsequently to exercise any such rights or
any other right of the Township under this ordinance or any other ordinance,
rule, regulation or law.
I.
It is the purpose of this section to provide maximum
indemnification to the Township under the terms and conditions expressed and,
in the event of a dispute, this section shall be construed (to the greatest
extent permitted by law) to provide for the indemnification of the Township
by the company.
J.
The provisions of this section shall not be dependent
or conditioned upon the validity of this ordinance or the validity of any
of the procedures or agreements involved in the renewal of the franchise,
but shall be and remain a binding right and obligation to the Township and
the company even if part or all of this ordinance or the grant or renewal
of the franchise is declared null and void in a legal or administrative proceeding.
It is expressly the intent of the company and the Township that the provisions
of this section survive any such declaration and shall be a binding obligation
of and inure to the benefit of the company and the Township and their respective
successors and assigns, if any.
A.
All ordinances or parts of ordinances in conflict with
the provisions of this ordinance, and especially Ordinance Nos. 859, 892 and
976, are hereby repealed.
B.
To the extent that the Federal Communications Commission
shall terminate controls in any area pertinent to this ordinance, this ordinance
may be amended by the Board of Commissioners.
C.
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holdings shall not affect the
validity of the remaining portions hereof.
[Adopted 3-13-2007 by Ord. No. 1459]
The Township hereby grants Verizon a nonexclusive cable franchise subject
to and in accordance with the terms and conditions of the cable franchise
agreement between the Township and Verizon, including, without limitation,
each and all of the side letters attached thereto (collectively the "Verizon
Franchise Agreement"). A copy of the Verizon Franchise Agreement and related
side letter agreements are attached hereto and made a part hereof as Exhibits
A, B and C.[1]
[1]
Editor's Note: Exhibits A, B and C are on file in the Township
offices.
In the event of any conflict between the terms of the cable ordinance[1] and this ordinance, the terms of this ordinance shall be controlling.
Nothing in this ordinance, including the Verizon Franchise Agreement,
shall alter the terms of any other franchise, franchise agreement or franchise
license previously granted by the Township pursuant to the Cable Ordinance,
each of which shall remain in effect according to their particular terms and
conditions.
If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not render this ordinance
invalid.
