818.16    TIME LIMIT FOR INSTALLATION OF SYSTEM.

Installation of the system shall be commenced within ninety days after the franchise is granted by the Township. Mapping of the Township is to be considered commencement of the installation. Significant construction shall be accomplished within one year after Federal Communications Commission authorization and energized trunk cable shall be extended to at least twenty percent of the franchise area each subsequent year, with completion of construction to be accomplished within five years of the issuance of F. C. C. certification.  (Ord. 474. Passed 9-20-78.)

 

818.17    MAPS, PLANS AND SCHEDULES FOR EXISTING AND PROPOSED INSTALLATIONS.

The company shall file with the Township, and publish locally, true and accurate copies of maps, plans and schedules of all existing and proposed installations ninety days prior to the commencement of construction.  (Ord. 474. Passed 9-20-78.)

818.18    TERMINATION OF FRANCHISE BY TOWNSHIP.

(a)   In addition to all other rights and powers given to the Township by this chapter, or otherwise, the Township reserves the right to terminate and cancel the franchise granted and all rights and privileges of the company hereunder, in the event that the company:

(1)   Violates any provision of this chapter or any rule, order or determination of the Township or the Board of Township Commissioners made pursuant to this chapter; or

(2)   Becomes insolvent or otherwise unable or unwilling to pay its debts or is adjudged as bankrupt.

(b)   Such termination and cancellation shall be by ordinance duly adopted after thirty days notice to the company and shall in no way affect any of the Township’s rights under the franchise or any provision of law. In the event that such termination and cancellation depend upon a finding of fact, such finding of fact shall be made by the Advisory Council with written reports to the Board of Township Commissioners.

(c)   The company agrees that it does release and shall hold the Township harmless from all claims arising by reason of termination or cancellation of the franchise under this section.

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

818.19    EFFECTIVE DATE OF FRANCHISE.

The franchise shall become effective upon execution of a contract between the Town­ship and the franchisee, binding both parties to abide by all conditions of this chapter. (Ord. 474. Passed 9-20-78.)

818.20    PERFORMANCE BOND; FRANCHISE LIABILITY INSURANCE; PAYMENT OF DAMAGES.

(a)   The company shall pay, and by its acceptance of a franchise specifically agrees that it will pay, all damages and penalties which the Township may legally be required to pay as a result of granting a franchise. These damages or penalties shall include, but not be limited to, damages arising out of copyright infringements and all other 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 chapter.

(b)  The company shall pay, and by its acceptance of a 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) hereof. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the Township Solicitor or his assistants or any employee of the Township.

(c)   The company shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance insuring the Township and the company with regard to all damages mentioned in subsection (a) hereof, in the minimum amounts of:

(1)   Three hundred thousand dollars ($300, 000) for bodily injury or death to any one person, within the limit, however, of five hundred thousand dollars ($500, 000) for bodily injury or death resulting from any one accident;

(2)   One hundred thousand dollars ($100, 000) for property damage resulting from any one accident;

(3)   One hundred thousand dollars ($100, 000) for Infringement of copyrights; and

(4)   One hundred thousand dollars ($100, 000) for all other types of liability.

(d)   The company shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the term of the franchise, a faithful performance bond running to the Township in the penal sum of fifty thousand dollars ($50, 000). The condition of such bond shall be that the company shall well and truly observe, fulfill and perform each provision of this chapter and that in case of any breach of the condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the Township for all damages resulting from such breach.

(e)   The insurance policy and bond obtained by the company in compliance with this section shall require the approval of the Board of Township Commissioners and such insurance policy and bond, along with written evidence of payment of required premiums, shall be filed and maintained with the Township Secretary during the term of this chapter.

(f)   All expenses of the above noted insurance and bond shall be paid by the company. (Ord. 474. Passed 9-20-78.)

818.21    DUTIES OF COMPANY REGARDING FREE SERVICE TO PUBLIC INSTITUTIONS AND MANDATORY ACCESS CHANNELS, STATION SIGNALS AND EQUIPMENT.

(a)   The company shall provide each public, private and parochial school, fire station, public library and Township building and such public auditoriums and institutions as are requested by the Township, with a single drop and 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)   The company shall 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 and shall make available a service offering at a rate approved by the Commissioners pursuant to Section 818.01 as follows:

(1)   Public access channel. The company shall maintain at least one specially designated, noncommercial public access channel available on a first-come, nondiscriminatory basis.

(2)   Education access channel. The company shall maintain at least one specially designated channel for use by local educational authorities.

(3)   Local government access channel. The company shall maintain at least one specially designated channel for local government uses.

(4)   Leased access channel. The company shall maintain at least one specially designated channel for leased access uses. 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 leased channels, priority shall be given part-time users.

(c)   The company shall construct a system with a minimum channel capacity of thirty television channels and with the technical capability of transceiver nonvoice communication. At such time as transceiver nonvoice communication becomes operable, no monitoring of any terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion. In no event shall monitoring of any kind take place without a clearly visible light and clearly audible sound signal. The light shall be visible and the sound audible at a distance of at least thirty feet from the terminal at the time of monitoring.

(d)  The company shall carry on its system the signals of all stations significantly viewed in the County, these to include all local network and educational VHF stations and local UHF stations and, in addition, not less than two distant commercial stations. However, the Township shall have the right to compel the company to carry additional station signals in the company’s system and the company shall carry on its system any additional station signals requested by the Township.

(e)   The grantee shall conduct program origination cable casting, in addition to any automated services.

(f)   The company shall provide both portable and stationary equipment to be used by access cable casters with the aid of a technical and production staff to be provided by the company. Included must be equipment that can store programs for later showing. In addition, a centrally located studio must be made available to all access users on a first-come, first-serve basis. A full schedule of rates for users of the equipment, the studio and the technical and production staff must be provided, including rates for portable facilities, if they differ. Rates may give preference to noncommercial users. (Ord. 474. Passed 9-20-78.)