CROSS REFERENCES:

Authority to grant rights for installation of public utilities in streets -see 1st Class §1502-LVII
Conditions of construction of utility poles on streets - see 1st Class §2084
Conditions for construction of electric conduits in or under streets - see 1st Class §2084
Impairment of television service (criminal mischief) - see Crimes Code §3304
Discarding television sets and tubes - see Crimes Code §6505

818.01 AUTHORITY TO GRANT FRANCHISE; RENEWALS.

(a) The Board of Township Commissioners is hereby authorized to grant a nonexclusive right (hereinafter referred to as a “franchise”) to a franchisee (hereinafter referred to as a “company”), subject to all of the conditions and reservations hereinafter specified, 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, aver, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Township, 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 and the Commonwealth and the ordinances and regulations of the Township, now in effect or hereafter enacted. The duration of the rights, privileges and authorities granted to the company shall be fifteen years from the date of the agreement entered into by the Township and the company, provided that the company shall have the option of extending the franchise for additional periods of five years unless either the Township or the company gives to the other not less than one year of written notice of the intent not to so renew the franchise.

(b) One year prior to the expiration of the franchise, the Advisory Council (provided for in Section 818. 26), after giving public notice, shall proceed to determine whether the company has satisfactorily performed its obligation under this chapter. 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 and the Commonwealth, if such is required, and these shall be considered in light of cable television industry performance on a national basis with respect to technical developments and performance, programming, cost of service and the particular requirements set out in this chapter. At a public hearing, duly advertised, the Council shall make a recommendation to the Township for renewal of the franchise without change In the 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.

(Ord. 474. Passed 9-20-78.)

818.02 RIGHT TO MAKE USE OF CERTAIN UTILITY FACILITIES.

The company shall have the right, privilege and authority to lease, rent, subscribe to service, or, in any other manner, obtain the use of towers, poles, lines, cables, facilities, services, licenses and franchises within the limits of the Township, including those of 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 Company when and where practical, provided that mutually satisfactory rental agreements can be entered into with such Companies. (Ord. 474. passed 2-20-78.)

818.03 RIGHT TO CONSTRUCT NECESSARY FACILITIES.

(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, cables, conductors, duds, conduits, 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 Township Commissioners. In addition, the company shall have the right and privilege to use, operate and provide similar properties rented or leased from other persons, firms or corporations, for such purposes.

(b) The company’s rights and privileges shall be subordinated to any prior lawful use of occupancy of the streets or other public property and shall not be so used as to interfere with existing improvements or with new improvements that the 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 interfere with any such improvement existing or intended to be made by the Township, the company shall, upon notice from the Township, forthwith relocate such equipment and facilities, at company’s expense, so as to eliminate such interference.

(c) Construction and maintenance of the transmission distribution system shall be in accordance with the provisions of the National Electrical Safety Code, Sixth Edition, as amended or revised, and in compliance with any applicable rule, regulation or order now in effect or hereafter issued by a 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 American National Standards Institute, the American Institute of Electrical Engineers and the American Society of Mechanical Engineers. The company shall comply with all Township regulations, ordinances and State and Federal laws now existing or hereafter 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 of equipment.

(e) In the construction, conduct, maintenance and operation of its business, the company shall comply with all requirements of Township ordinances, resolutions, rules, regulations and specifications heretofore or hereafter enacted or established, Including, but not limited to, those concerning street work, street excavation and use, removal and relocation of property within a street.

(Ord. 474. Passed 9-20-78.)

818.04 FRANCHISE LIMITED TO C.A.T.V.

The 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, ordinance or regulation. (Ord. 474. Passed 9-20-78.)

818.05 PLACEMENT OF CABLES, ETC. UNDERGROUND.

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.

(Ord. 474. Passed 9-20-78.)

818.06 JOINT USE OF POLES BY THE TOWNSHIP AND THE COMPANY.

The company shall grant to the Township, free of expense, for any proper Township purpose, joint use of any and all poles owned by it, provided that such use may be made without interfering with the free use and enjoyment of the company’s own facilities. (Ord. 474. Passed 9-20-78.)