§ A214-2. Granting and renewal of nonexclusive franchise.

A. 

The Board of Supervisors of the Township of Falls is hereby authorized, in consideration of the faithful performance and observance of the conditions and obligations herein imposed, to grant to a company or companies, by resolution, the nonexclusive franchise right, privilege, authority and easement for a period as specified in the franchise to construct, own, operate and maintain a 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, and subsequent additions thereto, for the purpose of transmission and distribution of cable services in accordance with the laws and regulations of the United States of America and the Commonwealth of Pennsylvania and the ordinances and regulations of the Township now in effect or hereafter enacted. The Township specifically reserves the right to grant at any time such additional franchises for a cable communication system as it deems appropriate, and/or build, operate, and own such cable communication system or systems as it deems appropriate.

B. 

In exercising rights pursuant hereto, the company shall not endanger or interfere with the lives of persons, interfere with any installations of the Township, any public utility serving the Township or any other person permitted to use the streets and public grounds nor unnecessarily hinder or obstruct the free use of the streets and public grounds. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the Township's own use of the streets and public grounds. The Township shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by the cable television system. All rights granted for the construction and operation of the cable television system shall be subject to the continuing right of the Township to require such reconstruction, relocation, change or discontinuance of the appliances used by the cable television system in the streets, alleys, avenues, and highways of the Township as shall in the opinion of the Township be necessary for the maintenance, use or improvement of the public rights-of-way.

C. 

No grant of any franchise shall affect the right of the Township to grant to any other person a right to occupy or use the streets, or portions thereof, for the construction and operation of a cable television system within the Township or the right of the Township to permit the use of the streets or public grounds of the Township for any purpose whatever. By accepting a franchise, the company thereby acknowledges the Township's right to make such grants and permit such uses. No privilege or power of eminent domain is bestowed on the company by the grant of a franchise.

D. 

The company or companies shall be required, after receiving a grant by resolution of the Board of Supervisors, to exercise the nonexclusive franchise to construct, own, operate and maintain a cable television system and to enter into a written franchise agreement with the Township in the manner and form set forth by the Township Solicitor wherein they shall agree to adhere to and implement all requirements as specified by this ordinance and agreement between the parties.

E. 

The Township shall have the right to renew or deny the renewal of the franchise in accordance with the provisions of the Cable Act.

F. 

In the event of conflict between the terms and conditions of this ordinance and the franchise, the ordinance shall control. The ordinance may be amended by the Township as allowed by law; provided, however, that any amendment to the ordinance binding on the franchisee shall be confined to changes which do not materially alter the rights and obligations of the franchisee under this franchise agreement and the ordinance as it exists on the date of this franchise agreement.

G. 

Any franchise granted by the Township is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the Township regarding permits, taxes, fees to be paid, or manner of construction.

H. 

The franchise area shall be the entire Township, or portions thereof, for which a franchise is granted.

I. 

No cable television system, open video system and/or new telecommunications system shall be allowed to occupy or use the streets of the Township or be allowed to operate within the Township without a franchise.

J. 

The company shall comply with all applicable laws, ordinances and regulations enacted by the Township pursuant to its inherent police and regulatory power. Any conflict between the terms of this ordinance or the franchise and any present or future lawful exercise of the Township's police and regulatory powers shall be resolved in favor of the latter.