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CABLE TELEVISION FRANCHISE
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and words in the masculine gender shall include the feminine gender. The word
SHALL is always mandatory and not merely directory.
CABLE TELEVISION SYSTEM or SYSTEM. Any facility or group of facilities which, in whole or in part, receives, modifies or originates television, FM radio or other electrical signals for the purpose of transmitting or distributing such signals by wire, cable or other means to subscribing members of the public or to selected customers, as herein contemplated. This definition shall include those systems which do not occupy or cross over or under the public ways and places of municipality.
FRANCHISEE. Any duly approved person, firm, partnership, association, corporation, company or organization of any kind operating under a franchise granted pursuant to § 110.03.
MUNICIPALITY. The Township of Springfield, Bucks County, Pennsylvania, acting through its duly constituted governing body.
(Ord. 91, passed 12-10-1991)
From and after the enactment of this subchapter, no cable television system shall be constructed, installed or operated in the municipality unless such construction, installation or operation shall first have been authorized by ordinance of the municipality duly enacted, and accepted as a non-exclusive franchise.
(Ord. 91, passed 12-10-1991)
Any franchise granted under § 110.03 shall include the non-exclusive right and privilege to construct, erect, operate and maintain a cable television system in, under, over, along, across or upon the public streets, highways, sidewalks, rights-of-way and places within the boundaries of the municipality, to the extent permitted by law. The franchise granted shall also be construed as to permit the franchise to attach or otherwise affix or install its cables and other equipment to and in the facilities of any public utility even though the same may occupy or cross over or under the public ways and places of municipality, with the separate approval of the public utility.
(Ord. 91, passed 12-10-1991)
Any franchise granted under § 110.03 shall be for a period of 15 years from the effective date of the grant of the franchise, and shall be governed by the procedures, rights and remedies provided in § 626 of the Communications Act of 1934, 47 U.S.C. §§ 151 et seq., as amended by the Cable Communications Policy Act of 1984, P. L. No. 98-549.
(Ord. 91, passed 12-10-1991)
Any franchise granted under § 110.03 shall be upon the express condition that the franchisee, within 30 days after written notice is given to the franchisee of the grant, shall file with the Secretary or other duly authorized official of the municipality a written acceptance of same. When the franchise grant shall have been accepted by the franchisee, such ordinance granting the franchise and acceptance shall constitute a contract between the municipality and the franchisee for all the uses, services and purposes set forth in this subchapter. Except as may be otherwise provided by state and/or federal law, order or regulation, the rights and obligations of the municipality and franchisee shall be those specified herein and shall not be enlarged, diminished or altered by any unilateral action of municipality during the term of the franchise or renewal thereof; provided however, that a grant of a non-exclusive franchise to any other cable television company shall not be construed to violate this provision. The franchisee by its acceptance of the provisions of this subchapter binds itself to provide the necessary cable television system and to establish, operate and maintain the local cable television system contemplated in this subchapter, continuing without substantial interruption except for causes beyond its control until the expiration of the terms of the grant. In the event that the franchisee shall fail to file a written acceptance within the time hereinabove specified, the grant shall be of no effect and void.
(Ord. 91, passed 12-10-1991)
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