(a) Grant of Franchise. The Borough may grant one or more cable television franchises and each such franchise shall be awarded in accordance with and subject to the Provisions of this chapter. This chapter may be amended from time to time, and in no event shall this chapter be considered a contract between the Borough and a franchisee such that the Borough would be prohibited from amending any provision hereof.
(b) Franchise required. No person may construct or operate a cable system over, on, or under a public right of way in the Borough without a franchise granted by the Borough unless otherwise authorized by law, and no person may be granted a franchise without having entered into a franchise agreement with the Borough pursuant to this chapter.
(c) Franchise Characteristics.
(1) A franchise authorizes use of streets within the Borough for installing cables, wires, lines, optical fiber, underground conduit, and other facilities to operate a cable system, but does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities on private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Cable Act, 47 USC 541(a)(2)), or to use publicly or privately-owned conduits without a separate agreement with the owners.
(2) The term of a franchise shall not exceed 15 years and may not exceed five years unless the franchise agreement contains clear and enforceable provisions for regulating upgrades, improving customer service requirements, reevaluating access requirements, and making such other requirements as may be necessary in light of advancements in technology.
(3) A franchise is nonexclusive and revocable and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the Borough, or affect the Borough's right to authorize use of Borough streets by other persons to operate cable systems or for other purposes as it determines appropriate.
(4) Once a franchise agreement has been accepted and executed by the Borough and a franchisee, such franchise agreement shall constitute a contract between the franchisee and the Borough, and the terms, conditions, and provisions of such franchise agreement, subject to this chapter and all other duly enacted and applicable laws, shall define the rights and obligations of the franchisee and the Borough relating to the franchise.
(5) All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the streets, and the Borough reserves the right to reasonably designate where a franchisee's facilities are to be placed within the streets.
(6) A franchise shall be a privilege that is in the public trust and personal to the original franchisee. Except as otherwise agreed to in a franchise agreement no transfer of a franchise shall occur without the prior consent of the Borough pursuant to this chapter and the franchise agreement, which consent shall not be unreasonably withheld.
(d) Franchisee Subject to Other Laws, Police Power:
(1) A franchisee shall at all times be subject to and shall comply with all applicable federal, state, and Borough laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the Borough, including all rights the Borough may have under 47 USC 552.
(2) No course of dealing between a franchisee and the Borough, nor any delay on the part of the Borough or franchisee in exercising any rights hereunder, shall operate as a waiver of any such rights of the Borough or franchisee or acquiescence in the actions of the Borough or franchisee in contravention of rights, except to the extent expressly waived by the Borough or franchisee or expressly provided for in a franchise agreement.
(3) The Borough shall have such authority to regulate cable systems, franchisees, and franchises as may now or hereafter be lawfully permissible; and all rights granted to the Borough by the Cable Act and the FCC are hereby reserved, whether expressly enumerated or not.
(e) Interpretation of Franchise Terms.
(1) The express terms of this chapter will prevail over conflicting or inconsistent provisions in a franchise agreement.
(2) The provisions of a franchise agreement will be liberally construed in favor of the Borough.
(3) Except as to matters that are governed by federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania.
(f) Right of Condemnation Reserved. Nothing in this chapter or the franchise shall limit any right the Borough may have to acquire by eminent domain or otherwise any property of franchisee.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)