Township of Horsham, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of Horsham Township 7-12-1995 by Ord. No. 203. Amendments noted where applicable.]
GENERAL REFERENCES
Right-of-way management — See Ch. 193, Part 1.
For the purpose of this franchise, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
BASIC SERVICE
Any service tier that includes the retransmission of local television broadcast signals.
CABLE ACT
The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) [codified at 47 U.S.C. §§ 521-611 (1982 & Supp. V 1987)] and any amendments thereto.
A. 
The one-way transmission to subscribers of video programming or other programming service; and
B. 
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to subscribers and users in the Township (regardless of the location of said equipment) which includes video programming and which is provided to multiple subscribers within the Township, but such term does not include a facility that serves only subscribers in one or more multiple-unit dwellings under common ownership, control, or management, unless such facility uses any public right-of-way.
COMPLAINT
Any written inquiry, allegation or assertion made by a subscriber which raises an objection to the business practices of grantee. The term "complaint" does not include an inquiry which is immediately answered by the grantee.
FCC
The Federal Communications Commission, its designee, or any successor thereto.
GRANTEE
Any owner of a cable system granted a franchise pursuant to this chapter.
GROSS REVENUES
All subscriber revenues derived from the provision of cable service, including, but not limited to, monthly fees charged to subscribers for basic service; monthly fees charged to subscribers for any optional service; paid television fees; pay-per-view fees; FM service fees; commercial service fees; premium service fees; monthly fees charged to subscribers for any tier of service other than basic service; installation, disconnection, and reconnection fees; converter rentals or sales; and any additional revenue derived from the operation of the cable system. This sum shall be the basis for computing the franchise fee payment. Items to be deducted in computing gross revenues are any taxes furnished by grantee which are imposed upon grantee, or upon any subscriber or user by the state, county, city, or other governmental unit, or revenue from subscribers designated by grantee as funds earmarked for payment of its franchise fee obligation.
PAY TELEVISION
The delivery over the system of per-channel or per-program audio-visual signals to subscribers for a fee or charge.
PERSON
Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
PUBLIC PROPERTY
Any real property, other than a street, owned by any governmental unit.
SERVICE
Any cable service, including any basic service, whether originated by the grantee or any other person, which is distributed over the cable system.
SIGNAL
Any transmission of radio frequency energy or of optical information.
STREET
The surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right-of-way now or hereafter held by the Township which shall entitle grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a system.
SUBSCRIBER
Any person or entity who lawfully subscribes to any cable service whether or not a fee is paid for such service.
TOWNSHIP
Horsham Township, a home-rule municipality incorporated under the laws of the Commonwealth of Pennsylvania.
A. 
Creation of franchise. This franchise is created pursuant to the terms and conditions contained herein and in the Cable Act. The terms and conditions shall be subordinate to all applicable and preemptive provisions of state and federal laws, rules, and regulations.
B. 
Authority for use of streets.
(1) 
For the purpose of constructing, operating, and maintaining a cable system and providing cable service and other communications and information services in the Township, grantee may erect, install, construct, repair, replace, relocate, reconstruct and retain in, on, over, under, upon, across and along the streets within the Township such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the cable system, provided that all applicable permits are applied for and granted, all fees paid and all other Township codes and ordinances are otherwise complied with.
(2) 
Grantee shall construct and maintain the cable system so as not to interfere with other uses of streets. Grantee shall endeavor to make use of existing poles and other facilities available to grantee where feasible.
(3) 
Notwithstanding the above grant to use the streets, no street shall be used by grantee if the Township reasonably determines that such use is inconsistent with the terms, conditions or provisions by which such street was created or dedicated or is presently used.
C. 
Nature of franchise. Upon acceptance, the grantee's nonexclusive franchise for the occupation and use of the streets within the Township for the construction, operation, maintenance, upgrade, repair, and removal of the cable system in accordance with the provisions of this franchise shall be deemed to have been renewed.
D. 
Franchise term. This franchise shall commence upon acceptance by grantee as defined herein and shall be in full force and effect for a period of 10 years, unless renewed, revoked or terminated sooner as herein provided.
E. 
Police power. Grantee shall, at all times during the term of this franchise, be subject to all lawful exercise of police power of the Township in accordance with the laws of the Commonwealth of Pennsylvania. The Township hereby reserves the right to adopt, in addition to the provisions herein contained and any other existing applicable ordinances, and the accompanying agreements to this chapter, such additional applicable ordinances as it shall find necessary in the exercise of its police power, provided that such additional ordinances shall be reasonable, shall not conflict with or alter any manner of the rights granted by the Township to the grantee herein, and shall not conflict with the laws of America, or the rules of the FCC.
F. 
Written notice. All notices, reports or demands required to be given in writing under this franchise shall be deemed to be given when delivered personally to the place designated below, or when five days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, or on the next business day if sent by express mail or overnight air courier addressed to the party to which notice is being given, as follows:
(1) 
If to Township:
Township of Horsham
1025 Horsham Road
Horsham, PA 19044
(2) 
If to grantee: to the principal place of business designated in any acceptance by grantee.
A. 
Area covered. Cable service will be provided within the territorial boundary of the Township. In the event of annexation by the Township, grantee shall use every reasonable effort, in its best business judgment, to provide service to the new territory.
B. 
Provision of service.
(1) 
Grantee agrees to make cable service available to all residents of Horsham Township excluding portions of the Township with a population density of less than 25 subscribers per linear mile. Requests for service in areas where the population density is less than 25 homes per mile will be eligible to receive cable under any line extension policy of grantee, if in existence.
(2) 
In sections of the Township where the length of the drop to a subscriber's home from the existing feeder cable is greater than 200 feet, the subscriber will be billed for time and materials for the portion of the drop over the maximum of 200 feet.
(3) 
Grantee, without charge and at its own expense, will provide one outlet for basic cable service to each fire station, police station, public, private and parochial elementary and secondary school and the municipal building at the request of the Township Manager so long as they meet the criteria set forth in Subsection B.
C. 
Public access. Grantee agrees to provide the following:
(1) 
Educational access. The grantee shall maintain one specifically designated noncommercial channel for use by the Hatboro/Horsham School District.
(2) 
Local government channel. The grantee shall, from the date of grantee's acceptance of the terms of this chapter, maintain one noncommercial channel dedicated to Horsham Township; designation of such channel may change from time to time. Equipment for utilization of this channel will be the responsibility of the Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Public access. The grantee shall make available a portable camera for the purpose of taping local access programming. All equipment will be available on a first-come first-served basis. The grantee will make available training on the proper use of said equipment and reserves the right to deny use unless residents attend a training class on proper issues.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
System design. Grantee will maintain a cable system of 35 channels or 300 Megahertz with addressable and one-way capability for the transmission of video or other programming, and FM service. All broadcast channels received in stereo will be transmitted in stereo. Upon request, grantee will provide the Township a full description of the construction of the system, and upon completion of any system upgrade, submit to the Township, in written and computer form, maps for any system upgrade.
E. 
Technical standards.
(1) 
The cable system is designed to meet the technical standards promulgated by the Federal Communications Commission relating to cable systems contained in Subpart K of Part 76 of the Federal Communications Commission's rules and regulations as may, from time to time, be amended.
(2) 
Grantee shall at all times comply with the National Electrical Safety Code (National Bureau of Standards); National Electrical Code (National Bureau of Fire Underwriters); applicable federal, state and local regulations; codes and other ordinances. Upon request, grantee will provide to the Township written reports of grantee's annual proof of performance tests conducted pursuant to Federal Communications Commission standards and requirements.
(3) 
A hybrid plant consisting of fiber optic and coaxial cables which will have the capability of providing 77 channels through a 550 MHz cable plant shall be the minimum standard.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Signal quality. The system shall produce a picture that is consistent with Federal Communications Commission and NTSC standards.
G. 
Programming decisions. All programming decisions shall be at the sole discretion of grantee.
H. 
Construction provisions.
(1) 
All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, as well as all state and local codes where applicable.
(2) 
All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the National Electrical and Safety Code and National Electrical Code as amended.
(3) 
Antennas and their supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local laws, codes and regulations.
(4) 
All of grantee's plant and equipment, including, but not limited to, the antenna site, head-end and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the Township may deem appropriate to make or to interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
(5) 
Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
(6) 
Grantee shall obtain all required permits from the Township before commencing any work requiring a permit, including the opening or disturbance of any street, or public property or public easement within the Township. Grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of the system in the Township.
(7) 
The Township shall have the right to inspect all construction or installation work performed pursuant to the provisions of the franchise and to make such tests (at its own expense) as it shall find necessary to ensure compliance with the terms of the franchise and applicable provisions of local, state and federal law.
(8) 
Any and all streets or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the cable system shall be promptly repaired by grantee, at its expense, to the condition that prevailed prior to grantee's construction. At the Township's discretion, the grantee may be required to enter into an escrow agreement or similar financial guarantee to ensure completion of any such repair.
(9) 
If any property of grantee shall interfere with the construction or relocation, maintenance, removal or relocation of a sewer, public sidewalk, or water main, street or any other public improvement, 30 days notice shall be given to grantee by the Township and all such poles, wires, conduits or other appliances and facilities shall be removed or replaced by grantee in such manner as shall be directed by the Township so that the same shall not interfere with the said public work of the Township, as determined by the Township, and such removal or replacement shall be at the expense of grantee. Should, however, any utility company be reimbursed for relocation of its facilities as part of the same work that requires grantee to remove its facilities, grantee shall be reimbursed upon the same terms and conditions as utilities.
(10) 
Nothing contained in this proposal shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.
I. 
Trimming of trees. Grantee shall have the authority to trim trees upon and hanging over streets, sidewalks, and public places of the Township for the limited purpose, and only to the extent, of preventing the branches of such trees from contacting the wires and cables of grantee.
J. 
Movement of facilities. In the event it is necessary to temporarily move or remove any of grantee's wires, cables, poles, or other facilities placed pursuant to this franchise, in order to lawfully move a large object, vehicle, building other structure over the streets of the Township, upon two weeks notice by the Township to grantee, grantee shall move at the expense of the person requesting the temporary removal such of his facilities as may be required to facilitate such movements. Any service disruption provisions of this franchise shall not apply in the event that the removal of grantee's wires, cables, poles or other facilities results in temporary service disruptions.
A. 
Complaint procedures.
(1) 
Grantee shall maintain a business office readily accessible to residents of the Township and within toll free telephone range during the term of the franchise for the purposes of receiving inquiries and complaints from the subscribers and the general public. All inquiries and complaints shall be communicated by the subscribers and the general public to the grantee at this office.
(2) 
Grantee will have a local listed telephone so operated that requests for repairs or adjustments can be received at any time, 24 hours a day, seven days a week. Under normal circumstances, the company will respond within 24 hours to a "no picture" call from any subscriber.
(3) 
The grantee shall maintain records of all complaints received and disposition thereof and shall retain copies of said records for the term of the franchise. These records will be available to the Township upon request.
(4) 
For every service outage in excess of 24 continuous hours, the grantee shall, upon request from the affected subscriber(s), rebate a pro-rata portion of the regular monthly charge to each subscriber so affected. The twenty-four-hour period shall commence at the time the grantee is first made aware of the outage. For purposes of this subsection, loss of basic service or receipt of less than 2/3 of the available channels, shall be considered a service outage.
B. 
Subscriber notification procedures. Grantee will provide subscribers with notifications in accordance with the rules and regulations of the FCC.
C. 
Subscriber billing procedures. Grantee will provide subscribers with written information regarding billing practices in accordance with the rules and regulations of the FCC.
The Township shall have the right to inspect, upon two weeks' written notice, at any time during normal business hours, all records, maps, plans, service complaint logs, performance test results and records of requests for service of grantee relating to the operation of grantee's cable system serving the Township and which are reasonably necessary to monitor compliance with the terms of this franchise. Grantee shall first be given two weeks' written notice of the inspection request, the description of and purpose for the inspection and description, to the best of the Township's ability, of the records and documents it wants to inspect.
It shall be unlawful for:
A. 
Any person to make any connection, tap or monitor, whether physically, electrically, acoustically, inductively, or otherwise, any part of the grantee's cable system for the purpose of enabling said person or others to receive or communicate any television signals, radio signals, pictures, sounds or any other information or intelligence transmitted or received over the grantee's cable system, without written consent of or payment to the grantee.
B. 
Any person, without the written consent off the grantee, to willfully tamper with, remove or injure any cable, wires or any other equipment used by the grantee for the distribution of television signals, radio signals, pictures, programs, sounds, or any other information or intelligence transmitted over grantee's cable system.
C. 
Any person to tap or monitor any system line of the grantee or subscriber without the prior written authorization of the grantee and the subscriber whose communications might be overheard.
A. 
Payment to Township.
(1) 
The grantee shall pay to the Township a franchise fee in the amount of 5% of gross revenues. Payment shall be computed quarterly for the preceding three months (or lesser period with respect to the first payment hereunder) as of March 31, June 30, September 30, and December 31 of each calendar year. Each payment shall be made within 45 days of the end of the quarter and be accompanied by a statement showing the factual basis for the computation of the fee.
(2) 
In addition, the grantee shall reimburse the Township for its publication and notification costs in connection with the establishment of any franchise, and publication and notification costs incurred in the course of modification of the terms of any franchise. Payment shall be made within 30 days after receipt of billing therefor.
(3) 
The grantee shall file with the Township within 90 days of the expiration of any calendar year during which a franchise is in force, a financial summary report showing gross revenues as defined herein, certified on behalf of the grantee by a certified public accountant. The report shall contain assurance that the grantee is in compliance with the financial terms and provisions of this chapter.
(4) 
The grantee shall keep records of account showing payments and dates received. A duly authorized agent of the Township shall have the right to inspect and audit the current records of gross revenue of the grantee during normal business hours after two weeks' written notice of the same in conveyed to the grantee. The Township shall have the right, at its own expense, to audit the records of gross revenue for the grantee for any annual period at any reasonable time within three years after expiration of the subject annual period. If any such audit shows that the grantee has underpaid the franchise fee by 5% or more, the grantee shall reimburse the Township for the cost of such audit.
(5) 
No acceptance by the Township of any payment shall be construed as an accord that the payment is in fact the correct amount, nor shall such acceptance of payment be construed a release of any claim that the Township may have for further or additional sums payable under the provisions of this chapter.
B. 
Liability insurance.
(1) 
Throughout the term of this franchise, grantee shall maintain a policy of liability insurance covering grantee, and naming the Township as an additional insured in the following minimum amounts:
(a) 
For property damage in any one occurrence: $500,000;
(b) 
For property damage in the aggregate: $1,000,000;
(c) 
For bodily injury to any one person: $1,000,000; and
(d) 
For bodily injury in any one occurrence: $1,000,000.
(2) 
A copy of the certificate of insurance shall be provided upon execution of any acceptance of grantee and annually thereafter to the Township Auditor. All certificates of insurance shall state that no policies may be cancelled, or the limits thereof modified, without the insurer first providing 10 days' prior written notice to the Township, sent certified mail, return receipt requested.
C. 
Damages and defense.
(1) 
Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the Township against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief arising out of grantee's acts or omissions in its construction, maintenance or operation of cable system; grantee shall not indemnify, hold harmless and defend the Township in connection with any negligent or malicious act by the Township.
(2) 
In order for the Township to assert its rights to be indemnified, defended, or held harmless, the Township must:
(a) 
Promptly notify grantee of any claim or legal proceeding which gives rise to such right;
(b) 
Afford grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; unless, however, the Township, in its sole discretion, determines that its interests cannot be represented in good faith by grantee in which case the grantee shall be excused from any further obligation to indemnify the Township; and
(c) 
Fully cooperate with the reasonable requests of grantee, at grantee's expense, in its participation in and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to Subsection C(2)(b) above.
D. 
Indemnity; insurance; bond.
(1) 
The grantee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the term of the franchise, a faithful performance guarantee (in the form of a bond, or cash) running to the benefit of the Township in a sum not to exceed $10,000 to provide that the grantee shall well and truly observe, fulfill, and perform each term and condition of this chapter and that, in case of any breach of condition of the franchise, or this chapter, the amount thereof shall be recoverable from the principal surety thereof by the Township for all damages resulting from the failure of the grantee to well and faithfully observe and perform any provision of this chapter. The bond shall be in a form satisfactory to the Township Solicitor.
(2) 
Relief from the bonding provisions shall be in writing and exclusively within the discretion of Township Council.
A. 
Violation.
(1) 
Whenever the Township finds that grantee has allegedly violated one or more terms, conditions or provisions of this franchise, a written notice shall be given to grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford grantee an opportunity to remedy the violation. Grantee shall have 30 days subsequent to receipt of the notice in which to either correct the violation or diligently be acting toward correction of the problem. Grantee may, within 10 business days of receipt of notice, notify the Township that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by grantee to the Township shall specify with particularity the matters disputed by grantee and shall stay the running of the above-described time.
(a) 
The Township shall hear grantee's dispute at a regularly or specially scheduled meeting. The Township shall determine if grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, grantee may petition for reconsideration.
(b) 
If after hearing the dispute the claim is upheld by the Township, grantee shall have 10 business days from such a determination to remedy the violation or failure.
(2) 
The time for grantee to correct any alleged violation may be extended by the Township if the necessary action to correct the alleged violation is of such a nature or character to require more than 30 days within which to perform provided grantee commences the corrective action within the thirty-day period and thereafter uses reasonable diligence to correct the violation.
B. 
Township's right to revoke. The Township reserves the right to revoke, terminate or cancel this franchise, and all rights and privileges pertaining thereto, in the event that:
(1) 
Grantee materially breaches this franchise; or
(2) 
Grantee is adjudged as bankrupt; or
(3) 
Grantee fails to correct any violation in accordance with, and within the time prescribed in, Subsection A above.
C. 
Revocation procedures. In the event that the Township determines that grantee has violated any material provision of the franchise, or any material applicable federal, state or local law, the Township may make a written demand on grantee that it remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not remedied or the grantee is not diligently working toward a remedy within 60 days following such demand or such other period as is reasonable, the Township shall determine whether or not such violation, breach, failure, refusal or neglect by grantee is due to acts of God or other causes which result from circumstances beyond grantee's control. Such determination shall not unreasonably be withheld.
(1) 
A public hearing shall be held and grantee shall be provided with an opportunity to be heard upon 14 days' written notice to grantee of the time and the place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in the notice. Said notice shall affirmatively recite the causes that need to be shown by the Township to support a revocation.
(2) 
If notice is given and, at grantee's option, after a full public proceeding is held, the Township determines there is a violation, breach, failure, refusal or neglect by grantee, the Township shall direct grantee to correct or remedy the same within such reasonable additional time, in such manner and upon such reasonable terms and conditions as Township may direct.
(3) 
If after a public hearing it is determined that grantee's performance of any of the terms, conditions, obligations, or requirements of franchise was prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided grantee has notified Township in writing within 30 days of its discovery of the occurrence of such an event. Such causes beyond grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God, civil emergencies and labor strikes.
(4) 
If, after notice is given and, at grantee's option, a full public proceeding is held, the Township determines there was a violation, breach, failure, refusal or neglect, then the Township may declare, by resolution, the franchise revoked and canceled and of no further force and effect unless there is compliance within such period as Township may fix, such period not to be less than 30 days.
(5) 
The issue of revocation shall automatically be placed upon the Township Council agenda at the expiration of the time set by it for compliance. The Township then may terminate the franchise forthwith upon finding that grantee has failed to achieve compliance or may further extend the period, in its discretion.
(6) 
If the Township, after notice is given and, at grantee's option, a full public proceeding is held and appeal is exhausted, declares the franchise breached, the parties may pursue their remedies pursuant to the franchise or any other remedy, legal or equitable. Grantee may continue to operate the cable system until all legal appeals procedures have been exhausted.
Applications for a variance to this franchise, to accommodate a significant change in circumstances, to prevent unreasonable hardship to grantee, or to permit technical variations which will satisfy the purpose of this franchise, and be made by the grantee to the Township. Township shall review the application within 30 calendar days, or earliest meeting of the Township, and shall issue a report of the findings of the Township and shall act on a request within 120 days.
Renewals will proceed pursuant to Section 626 of the Cable Act.
In the event of an amendment to the Cable Act allowing a franchise fee in excess of 5% of gross revenues, the grantee agrees to negotiate in good faith any amendment terms and franchise fee payments. In the event grantee and the Township fail to reach an agreement within six months on a new franchise fee, the matter shall be submitted to arbitration at the option of the Township, pursuant to the rules set forth by the American Arbitration Association.
A. 
Discriminatory practices prohibited. Grantee shall comply at all times with all applicable federal, state and Township laws, and all executive and administrative orders relating to nondiscrimination.
B. 
Subscriber privacy. Grantee shall comply with all privacy provisions of Section 631 of the Cable Act, 47 U.S.C. § 543, as amended.
A. 
Compliance with laws. Grantee and the Township shall conform to all state and federal laws and rules regarding cable television as they become effective, unless otherwise stated. Grantee shall also conform during the entire term of the franchise with all the Township ordinances, resolutions, rules and regulations heretofore or hereafter adopted that do not apply specifically to the provision of cable service that are not preempted by federal law.
B. 
Compliance with federal, state and local laws. If any term, condition or provision of this franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and to be complied with.
A. 
This franchise shall not be sold, signed or transferred, either in whole or in part, or leased or subletted in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, passed to or vest in any person without full compliance with the procedures set forth in this section.
B. 
The provisions of this section shall only apply to sale or transfer of all or a majority of grantee's assets or stock (including any parent and its subsidiary corporation), consolidation, amount of sale or transfer of stock in grantee so as to create a new controlling interest.
(1) 
The parties to any sale or transfer shall make a written request to the Township for its approval of such sale of transfer. The Township shall reply in writing within 30 days of the request and shall indicate approval of the request or its determination that a public hearing is necessary due to potential adverse effect on subscribers.
(2) 
If a public hearing is deemed necessary pursuant to Subsection B(1) above, such hearing shall be commenced within 30 days of such determination and notice of any such hearings shall be given 14 days prior to the hearing by publishing notice thereof. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the Township.
(3) 
Within 30 days after the closing of the public hearing, the Township shall approve or deny in writing the sale or transfer request.
C. 
In reviewing all requests for sale or transfer pursuant to Subsection B(1) above, the Township may only inquire into the legal, technical, character and financial qualifications of the prospective controlling party, and grantee shall assist the Township in so inquiring. Upon a demonstration of the transferee's qualifications, as set forth above, the Township shall approve this sale/transfer. The Township shall not unreasonably delay or withhold its approval. In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to a franchise. For purposes of this section, no assignment or transfer of sale shall occur when the franchise is transferred or sold to a company owned, managed, or controlled by Adelphia Communications Corporation, any of its subsidiaries, John J. Rigas or any member of his immediate family, or the assets or stock of the company are transferred to a financial institution as security for refinancing purposes; provided, however, that grantee shall reasonably believe that such transfers or sales shall not materially adversely affect the ability of the transferee to comply with the provisions of this franchise.
Grantee shall not scramble and shall not employ or require an addressable converter to receive any basic service. Further, grantee shall act in accordance with all FCC requirements regarding the scrambling of services, including, but not limited to, the provision of subscriber equipment that is customer-friendly, and otherwise meets or exceeds FCC equipment compatibility regulations.
A. 
Force majeure. Prevention or delay of any performances under this franchise due to circumstances beyond the control of grantee or Township, unforeseen circumstances, or Act of God, shall not be deemed noncompliance with or violation of this franchise.
B. 
Technological advances. In furtherance of the general policy that the services provided be innovative and modern, the grantee will actively pursue a policy of incorporating new technical developments into the system insofar as it is technically and economically viable as determined by grantee. Township reserves the right to hold a regular hearing at any point after the third anniversary of this agreement to review the technological state of the industry and grantee's system.
C. 
Construction. This chapter and any agreement incorporating this chapter by reference shall be interpreted in accordance with Pennsylvania law.
D. 
Acceptance. Any acceptance by grantee creating a binding contact by and between the Township and grantee shall incorporate this chapter by reference and the two together shall constitute the entire agreement between the parties.