(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, over, 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 15 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 § 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 9-20-1978)