818.07   EMERGENCY USE OF COMPANY FACILITIES BY THE TOWNSHIP.

In case of an emergency or disaster, the company shall, upon request of the Township, or any department thereof, make its facilities and personnel available to the Township, or such authority, during the emergency or disaster period, without charge.  (Ord. 474. Passed 9-20-78.)

818.08    TOLL-FREE TELEPHONE NUMBER REQUIRED.

The company shall provide notation of a listed toll-free telephone number to each subscriber. This telephone must be so monitored that complaints and requests for repairs and adjustments and requests for use of facilities by the Township, or any department thereof, may be received at any time.  (Ord. 474. Passed 9-20-78.)

818.09    CHARGES DETERMINED BY THE BOARD OF TOWNSHIP COMMISSIONERS.

The Hoard of Township Commissioners is authorized to determine any and all charges to be made by the company for service to the residents of the Township, including, but not limited to, charges to be made for programming and cable connections and security deposits. The charges shall be made part of the contract executed between the Township and the company, provided that the approval of the contract is made at a public meeting in accordance with the provisions of the First Class Township Code.  (Ord. 474. Passed 9-20-78.)

818.10    SALE OR RENTAL OF TELEVISION RECEIVERS PROHIBITED.

The company shall not sell, service, install and/or rent television receivers. (Ord. 474. Passed 9-20-78.)

818.11    DUTIES REGARDING TRANSMITTAL AND SERVICE.

The company shall:

(a)   Produce a television picture, whether in black and white or in color, that is undistorted, free from ghost images and accompanied with proper sound on typical standard production television sets in good repair, and as good as the state of the art allows;

(b)   Transmit signals of adequate strength to produce good pictures and good sound, at all outlets, without interfering with other electrical or electronic systems or equipment, or with television reception already in existence in the area;

(c)   Provide same-day service response seven days a week for all complaints and requests for adjustments received before 12:00 noon each day. Calls received after 12:00 noon must be responded to within twenty-four hours. Upon failure to remedy a loss of service attributable to the cable system within twenty-four hours after a complaint, the company shall credit one-thirtieth of the regular monthly charge to the subscriber for each twenty-four hours, or fraction thereof, after the initial twenty-four hours, until service is restored, except to the extent that restoration of service is prevented by strike, injunction or other cause beyond the company’s control.

(d)   Interrupt service for the purpose of making repairs, adjustments or installations, whenever it is necessary to do so, at such time as will cause the least amount of inconvenience to subscribers. Unless such interruption is unforeseen and im­mediately necessary, the company shall give reasonable notice to subscribers. Whenever the company’s system is out of service for a period of forty-eight hours, the company shall credit to the subscriber’s account one-thirtieth per diem of his monthly subscription fee. The requirements for maintenance of equipment contained in this subsection shall not apply to the subscriber’s television receiver.

(e)   Keep a log and file a copy thereof at the end of each quarter 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, the period of time required to satisfy each reported complaint and the credit (if any) to subscribers; and

(f)   Be required to interconnect its system with any other broadband communications facility operating in a reasonably nearby territory, such interconnection to be made within sixty days of a request by the Township. For good cause shown, the company may request, and the Township may grant, a reasonable extension of time to comply with this requirement.

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

818.12    PERCENTAGE OF GROSS RECEIPTS PAID TO TOWNSHIP; REPORTS.

(a)   The company shall pay five percent of its gross receipts to the Township or, in the alternative, the maximum percentage allowed by the Federal Communications Commission, not exceeding five percent of the gross receipts.

(b)   The company shall file with the Township, within ninety days of the expiration of any fiscal year during which a franchise is in force, financial statements certified by an independent accountant in accordance with the Statement on Auditing Standards No. 14, as issued by the Auditing Standards Executive Committee of the American Institute of Certified Public Accountants. Such statements shall not contain an adverse or disclaimer of opinion. The Auditors’ opinion shall contain assurance that the company is in compliance with the financial provisions of this chapter. In addition to the normal adherence for applying audit procedures, the Auditors shall perform such work as may be necessary to satisfy themselves that gross revenues, as defined, are properly stated. Also, they shall express an opinion on the monthly reports required by this chapter.

(c)   The company is required to file monthly reports within fifteen days of the end of a month, which reports present earned revenue. On a monthly basis, the company shall pay ninety percent of the fees to the Township at the time it files each monthly earned revenue report in accordance with this chapter. Each successive month shall Include the previous month’s ten percent. Any noncompliance with this section shall permit the Township Secretary, or the Township’s authorized representative, to examine, or have examined, the books and records of the company to assure compliance with the provisions of this chapter, such cost to be paid by the company. Noncompliance with this section shall result in a five percent penalty on moneys due for that month.

(d)   The company shall keep on file with the Township a current list of its stockholders, bondholders and the holdings thereof.

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

818.13    TRANSFERABILITY OF FRANCHISE.

The franchise 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 prior consent of the Township and then only under such conditions as may be prescribed by the Township. (On!. 474. Passed 9-20-78.)

818.14    REMOVAL OF SERVICE TO SUBSCRIBER.

Upon termination of service to any subscriber, the company shall promptly remove all of its facilities and equipment from the premises of such subscriber, at the subscriber’s request, with no charge to the subscriber.  (Ord. 474. Passed 9-20-78.)

818.15    REMOVAL OF EQUIPMENT UPON TERMINATION OR EXPIRATION OF FRANCHISE.

At the expiration of the term for which the 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.  (Ord. 474. Passed 9-20-78.)