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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: APPENDIX

Chapter A167, CABLE TELEVISION FRANCHISE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 6-13-1991 by Ord. No. 1694. (This ordinance specifically repealed former Ch. A167, Cable Television Franchise, adopted 1-3-1966 by Ord. No. 1176, as amended.) Amendments noted where applicable.]

A167-1. Grant of franchise.

Comcast Cablevision Corporation (PA), a Pennsylvania corporation (the "company"), is authorized and granted the right to use poles, wires and cables over, under and upon the streets, sidewalks, alleys, bridges and highways and other public places in the Township of Abington for the operation of a community antenna television system.

A167-2. Terms and conditions.

The authorization herein granted is conditioned upon compliance with the following terms and conditions:

A. The poles, wires or cables must be used for transmission of audio, visual and or data signals by means of electrical impulses to any type of receiver (e.g., telephone, computer, radio or television) in the Township of Abington.

B. No poles may be erected without the consent of the Township of Abington, and the decision of its Board of Commissioners relative thereto shall be final; provided, however, that any poles erected by company shall be available to the township, free of expense, for any proper municipal purposes insofar as may be done without interfering with the free use and enjoyment of the company's own wires and fixtures, and the township shall hold the company harmless from any and all actions, causes of action or damage caused by the placing of the township's wires or appurtenances upon the poles of the company. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction.

C. Wires and cables shall be installed underground when required by the township, and all installation by the company of poles, wires, cables and all other facilities relative to its operation shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters and shall comply with all state and federal laws and regulations and such applicable ordinances and regulations of the Township of Abington affecting electrical installations which may be presently in effect or changed by future ordinances. The poles, cables or wires shall not unreasonably interfere in any manner with the right of the public or any individual private property owner and shall not interfere with travel or use of public places by the public during the construction, repair or removal and shall not obstruct or impede traffic.

D. The company shall comply with all applicable provisions of the rules and regulations of the Federal Communications Commission.

E. No receiving antenna shall be erected in the Township of Abington without the written consent of the Board of Commissioners unless otherwise permitted by the township's Zoning Code.EN

F. There shall be provided broadcast facilities in the Township Building to permit the Township Police Department to make emergency announcements on the audio portion of all cable channels, said facility to be free of charge to the township. In addition, five cable outlets shall be made available free of any monthly service fee to each public and parochial school, police station and firehouse, the Abington Friends School, the Meadowbrook School and the Jenkintown Day Nursery School and other public buildings situated within the cable system coverage area. The actual cost of the tap-off connection in excess of $20 for each connection shall be paid by such user.

G. On or before January 15 of each year, the company shall publish a complete schedule of rates for all areas served by said company.

H. The company shall, upon request, provide service to any residence in the township; provided, however, that nothing herein shall require the company to build new trunk or feeder cable in cases where the company determines it would not be economically feasible to do so.

A167-3. Sharing of facilities.

The company may enter into an agreement with any person or corporation, including the Bell Telephone Company of Pennsylvania and the Philadelphia Electric Company, now or hereafter authorized to erect poles, overhead wires or cables and underground wires or cables, for the purpose of sharing those facilities, subject to all existing and future ordinances and regulations of the township.

A167-4. Nonexclusive nature of franchise; term.

A. The authorization granted by this ordinance is a nonexclusive franchise, and nothing contained herein shall prevent the grant of additional franchises to any other person or corporation upon any terms and conditions. The term shall be for a period of five years from the adoption of this ordinance, which term shall be automatically extended for an additional term of 10 years without further action by the Township Board of Commissioners, provided that the following conditions are met:

(1) The company shall upgrade to current technology its existing channel capacity to provide in its discretion, between five and 10 additional nonpremium channels on its lineup by January 31, 1996; no extension of time shall be asked for or granted.

(2) The company shall make available to the Township of Abington one channel for public, educational and government access purposes by December 31, 1991.

B. The company shall provide progress reports on the channel changes set forth in Subsection A above at regular six-month intervals beginning on December 31, 1991, until such changes have been instituted, at which time the Township Manager shall certify in writing that the changes have been completed.

C. Failure by the company to institute such changes within the time periods set forth above shall not constitute material noncompliance with the terms hereof entitling the township to take action pursuant to A167-7 hereof but shall cause the franchise to expire at the end of the fifth year as provided in A167-4A.

D. This franchise may be renewed for an additional term or terms. Upon any expiration of the franchise, the parties shall be governed in their negotiations for a new franchise by the provisions of the Cable Communications Policy Act of 1984 and any other applicable law.

A167-5. Annual license fee.

For the authorization granted by this ordinance, there shall be paid by the company an annual license fee to the Township of Abington, as follows:

A. The company shall pay to the Township of Abington annually an amount equal to 5% of the gross subscriber revenue received by the company from residents of Abington Township. If the federal law is changed to allow a payment higher than 5%, the company agrees to pay the higher amount beginning on the effective date of the law.

B. Should the company obtain additional revenue from the operation of the system in the Township of Abington from all other sources (e.g., advertising carried through the system), it shall pay to the Township of Abington an amount equal to 5% of such additional revenues prorated on the basis of the number of subscribers served by the company's system in the township.

C. The term "gross revenue" shall not include:

(1) Income received for late payment of any charges.

(2) Income received for maintenance or repair service.

(3) Investment income.

(4) Subscriber deposits.

D. The company shall make payments to the township of the amount owing within 60 days after the last day of each calendar quarter. Each year, the company shall provide the township with a certified statement in a form reasonably acceptable to the township as to the gross revenues received by it from operations within the township. The Township of Abington shall have the right, by its duly authorized representative, to examine the books and records of the company to verify the accuracy of payments due hereunder.

A167-6. Company insurance requirements.

A. The company shall indemnify, protect, defend and save harmless the township, its agents and employees from all and any claims for personal injuries or property damages or death to persons, including payments made under any workmen's compensation law, and any other claims and costs, including attorney's fees, expenses of investigation and litigation of claims and suits thereon which may arise out of or be caused by the erection, maintenance, presence or use of or removal of said attachments on poles within the township or by any act of the company, its agents or employees. The company shall carry insurance to protect the township from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damages to property shall not be less than $500,000 as to any one accident and not less than $200,000 aggregate in any single policy year and, against liability due to bodily injury or to death of person, not less than $1,000,000 as to any one person and not less than $1,000,000 as to any one accident. The company shall also carry such insurance as it deems necessary to protect it from all claims under the workmen's compensation laws in effect that may be applicable to the company. Said policy or policies of insurance or a certified copy or copies thereof shall be approved by the President of the Board of Commissioners of said township, together with the Solicitor of said township, and shall then be deposited with and kept on file by the Secretary of the Board of Commissioners of the Township of Abington.

B. The company shall indemnify, protect, defend and save the township harmless from and against any liability or responsibility to the holder of any copyright which the township shall at any time sustain or incur by reason or in consequence of the exercise by the company of any right or privilege granted to the company by this ordinance or which the township may sustain or incur in connection with any litigation incident to the claiming or sustaining of such liability or responsibility arising out of or in connection with the exercise by the company of any right or privilege granted to the company by this ordinance. If, as and when the company shall obtain insurance against liability to the holder of any copyright, the company shall include the township as a coinsured and provide a certificate of insurance thereof to the township.

A167-7. Revocation of franchise; legal actions.

Should the company at any time fail to comply with any of the material terms and provisions of this ordinance after receiving 30 days' written notice from the township of a violation or default, then said authorization may be terminated by the township. No such termination shall take place except as directed by vote of the Board of Commissioners taken at a duly noticed public meeting upon not less than 30 days' notice to the company and at which the company and any interested member of the public may speak. Upon termination by the Board of Commissioners, the company shall cease its operations and may remove any and all wires, cable or poles installed by it pursuant to this authorization. In addition, the township may proceed to take appropriate legal action to collect any sums due it on account of unpaid license fees and may proceed in law or equity to enforce any and all of the provisions of this ordinance.

A167-8. State and federal laws.

The company shall at all times comply with the provisions of the applicable state and federal law. To the extent any provisions of this ordinance conflict with applicable state or federal law, they shall be superseded and of no force and effect.

A167-9. Restoration of pavement; relocation of facilities.

A. The company, at its own cost and expense and in the manner approved by the Township Engineer, shall replace and restore all paving, sidewalks, driveways or surface of any street or alley disturbed in as good condition as before said work was commenced and shall maintain the restoration in an improved condition for a period of one year from the date of making the same. Failure of the company to replace or restore such paving, sidewalk, driveway or surface of any street or alley within seven days after completion of the company's work shall authorize the township to cause the proper restoration to be made and the expense thereof to be charged to the company, which shall be paid by the company upon demand by the township.

B. In the event that at any time during the period of this franchise the township shall lawfully elect to alter or change the grade of any street, alley or other public way, the company, upon reasonable notice by the township, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and other television conductors and fixtures at its own expense.

A167-10. Access to company records.

The township shall have access at all reasonable hours to all of the company's plans and engineering records relating to its property in the township and to all accounting records relating to revenues derived in the township. Copies of all rules and regulations, terms and conditions adopted by the company for the conduct of its business in the township shall be filed by the company with the township and shall be kept by the company in its local office.

A167-11. Purchase of facilities by township upon revocation of franchise.

In the event of a revocation of this franchise by the Township of Abington pursuant to the provisions of A167-7 hereof, the township shall have the right to determine whether the company shall continue to operate and maintain its distribution system pending the decision of the township as to the future maintenance and operation of such system and to fix the terms and conditions thereof. If the township shall elect to operate the system, the company grants the township the option to purchase and take over the property of the company located in the Township of Abington upon the payment of the purchase price determined as herein provided. The purchase price shall be determined as follows:

A. The purchase price shall be the fair market value of the property and business of the company to be acquired hereunder, valued as a going concern as of the date of the exercise of this option, as determined by agreement of the parties hereto. If the parties hereto fail to agree upon the fair and reasonable market value of said business and property, the same shall be fixed and determined by a board of three disinterested appraisers, one each of whom shall be selected by the township and the company. The two appraisers thus selected shall select a third appraiser. The township and the company shall select their appraisers within 10 days after the date of the exercise of the option herein granted. The two appraisers selected aforesaid shall select a third appraiser within 10 days after their selection by the township and the company respectively. In default thereof, the third appraiser shall forthwith be selected and appointed by the President Judge of the Court of Common Pleas of Montgomery County, Pennsylvania. The three appraisers thus selected shall file their appraisal of the fair market value of the business and property of the company as a going concern as of the date of the exercise of the option within 60 days after the selection of the third appraiser as aforesaid. Said appraisals shall be in writing and shall be filed with both the township and the company.

B. Upon the payment of the appraised value thus established by the township to the company, the company shall execute all deeds of instruments of conveyance necessary to transfer title to the business and property of the company free and clear of any and all liens and encumbrances.

A167-12. Acceptance of terms by company.

The privileges granted by this ordinance shall not be exercised unless within 30 days from the date of the enactment of this ordinance the company agrees, in writing, to accept and comply with all of the provisions, terms and conditions herein contained.

A167-13. Transferability.

The authorization granted by this ordinance shall not be assignable by the company except with the consent of the township. Notwithstanding the foregoing, the authorization granted by this ordinance may be assigned to any subsidiary or affiliate of Comcast Cablevision Corporation without the consent of the township.

A167-14. Community programming.

A. Until the company makes available the access channel as specified in A167-4 hereof, the company shall provide an alphanumeric community bulletin board on Channel 36 at such reasonable times as the company and the Township of Abington mutually agree.

B. The company shall provide coverage of five township events, selected by the Township of Abington, each year during the term of the authorization granted by this ordinance.

C. The company shall each year provide at least one hour of professionally prepared videotape featuring the Township of Abington and shall air such tape at such reasonable times as the company determines.

A167-15. Agreements with other municipalities.

If after the date of this agreement the company executes an agreement with Upper Moreland, Lower Moreland, Cheltenham, Jenkintown, Bryn Athyn or Rockledge Township or any other community served by Comcast Willow Grove, which provides for services or compensation to the township greater than that provided herein, the township shall automatically and immediately receive such amended service or fee from revenue generated in the township unless the township elects, in writing, to the company not to change the compensation or services. If and when Comcast enters into such an agreement with any of the communities served by Comcast Willow Grove, the company shall notify Abington Township, and the township shall either immediately proceed to amend its ordinance to match the appropriate section of the newly adopted ordinance of the other community or notify the company, in writing, that it does not wish to amend the ordinance.

A167-16. Severability.

If any section, sentence, clause or phrase of the ordinance is for any reason held illegal, invalid or unconstitutional, such invalidity shall not affect the validity of the ordinance as a whole, and any portions in conflict are hereby repealed.

A167-17. Local business office; complaints; liability.

A. The company shall maintain a local business office at a suitable location in the community so that cable television maintenance service shall be promptly available to subscribers upon telephone request during reasonable business hours. This requirement shall be satisfied if the company provides access by local toll-free telephone call to the business office or agent in the local area. All subscriber complaints regarding the quality of service, equipment malfunctions and similar matters shall be acted upon by the company as soon as possible, but in no event more than three business days from the time of their receipt. The company shall give notice of the procedures for reporting and resolving complaints to each subscriber at the time of initial subscription to the system. The township appoints its Township Secretary for implementation of complaint procedures. The Township Secretary shall be advised in writing at all times by the company of the office address and telephone number of the company. It is understood that neither the township nor the Township Secretary is assuming any legal liability in connection with the installation, maintenance or operation of the cable television system.

B. In the event that the company or any successor thereto moves the location of its office currently located in Willow Grove, Pennsylvania, then the company shall move its office to the Township of Abington.

A167-18. Solicitation.

The company shall be considered a utility solely for the purposes of Ordinance No. 1645, codified at Chapter 118, 118-1 through 118-5, of the Township Code.

Chapter A168, ELECTRIC FRANCHISE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 1-6-1936 by Ord. No. 371. Amendments noted where applicable.]

GENERAL REFERENCES

Cable television franchise -- See Ch. A167.

Telephone franchise -- See Ch. A170.

A168-1. Grant of franchise.

Permission is hereby granted to the Philadelphia Electric Company, its successors and assigns, to enter upon, occupy and use the public streets, sidewalks, alleys and highways of the Township of Abington for the purpose of laying, constructing, erecting, installing, maintaining and operating wires, cables, poles, underground conduits, manholes, mains, service pipes, appliances and apparatus for the purpose of furnishing light, heat and power, or any of them, derived from gas and/or electricity, to the public and to private individuals and corporations hereinafter named.

A168-2. Approval of location of facilities.

The location of all poles and underground facilities shall be subject to the approval of the Board of Township Commissioners or its duly authorized committee and such poles and underground facilities shall be placed so as to cause the least obstruction reasonably possible to public travel. Wherever the streets are opened for the purpose of laying, constructing, erecting, installing, maintaining and operating any such facilities as mentioned in A168-1 hereof, the said Philadelphia Electric Company shall comply with ordinances or parts of ordinances now or hereafter enacted regulating the opening or excavating of public streets, sidewalks, alleys and highways of said Township of Abington for the laying of pipes, conduits, manholes, poles, wires and the like.EN

A168-3. Indemnification for damages.

The said Philadelphia Electric Company, its successors and assigns shall at all times hereafter indemnify and save harmless the Township of Abington aforesaid of and from all and every claim for damage of every kind whatsoever which may arise from the laying, construction, erection, installation, maintenance or operation of its gas and/or electric facilities and systems of distribution.

A168-4. When effective.

This ordinance shall become effective upon the execution by said Philadelphia Electric Company of an acceptance agreeing to all the terms and provisions hereof.

Chapter A169, EN

(RESERVED)

Chapter A170, TELEPHONE FRANCHISE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 11-12-1936 by Ord. No. 389. Amendments noted where applicable.]

GENERAL REFERENCES

Cable television franchise -- See Ch. A167.

Electric franchise -- See Ch. A168.

A170-1. Grant of franchise.

Permission is hereby granted to the Bell Telephone Company of Pennsylvania, its successors and assigns, to construct, maintain and operate its posts, poles, cables, wires and all other necessary overhead apparatus on, over and along, and its conduits, ducts, mains, pipes, cables, wires, manholes, terminal and distributing poles and all other necessary underground appliances on, in, under and through, the streets, alleys and highways within the present or future limits of the Township of Abington, County of Montgomery, State of Pennsylvania; and to use the property of other companies and to permit other companies that possess authority to operate within the said township to use its property, upon such arrangement as the two companies may agree to.

A170-2. Approval of location of poles and conduits.

Whenever said company shall desire to erect, lay down or construct any poles, conduits or manholes, it shall present a plan or plans showing the location, number and size thereof to the Township Engineer, who is hereby authorized and empowered for and on behalf of the Board of Township Commissioners to approve or disapprove as to location, which plan or plans or copy thereof, with approval endorsed thereon, shall be filed with the Township Secretary before any work shown thereon is started. In case the said Engineer disapproves any plan or plans, the Engineer shall designate thereon, by the use of appropriate words or marks, or both, some other location suitable for the purposes of the said company.

A170-3. Maintenance of equipment; indemnification for damages.

The said company shall maintain all posts, poles, cables, wires, conduits, ducts, mains, pipes, manholes and all other apparatus erected or constructed under the provisions of this ordinance in good and safe order and condition, and shall at all times fully indemnify, protect and save harmless the said township from and against all actions, claims, suits, damages and charges and against all loss and necessary expenditures arising from the erection, construction and maintenance of its system or from its neglect or failure to maintain the said apparatus in good and safe order and condition.

A170-4. Nonexclusive nature of franchise.

Nothing in this ordinance contained shall be construed to grant unto the said company any exclusive right or to prevent a grant of similar privileges to other companies, nor to conflict with the powers and jurisdiction now or hereafter vested by law in the State Highway Department or its successors over township highways, or with any rules and regulations issued from time to time by the said Department or its successors governing the use of such highways by public-service corporations.

A170-5. Use of poles by township.

Space on the poles erected and in the conduits constructed under the provisions of this ordinance may be used, free of charge, for the purpose of carrying wires of any fire alarm or police telegraph system owned and maintained by the said township, provided that said wires are placed and maintained in such a manner as may be prescribed by the said company, and that no use shall be made of such space by said township which will result in interfering with or impairing the operation or use of the said company's property or service or will endanger its property or employees.

A170-6. Effect of other ordinances.

The said company shall be governed by all legal ordinances of a general nature affecting its operations in the Township of Abington that are now in force and enacted under and by virtue of the police powers of the said township or the laws of the state, as well as all such ordinances hereafter so enacted.

A170-7. Bond requirements.

The said company shall, at the time of filing its acceptance of this ordinance, also file its bond in the sum of $10,000, conditioned for the faithful compliance with all and singular terms, conditions, regulations and restrictions in this ordinance contained, and further conditioned for the faithful compliance with all legal ordinances of a general nature affecting the company's operation in the Township of Abington that are now in force and enacted under and by virtue of the police powers of the said township, and the laws of the state, as well as all such ordinances hereafter so enacted; and said bond shall be accepted by the township as substantial compliance with the requirements for all bonds in any general ordinance.

A170-8. When effective.

This ordinance shall become effective upon the execution by said company of an acceptance agreeing to all the terms and provisions hereof and upon the filing of the bond provided for in A170-7 hereof.