§ A214-30. Rights of Township., Chapter A214. Cable Television Franchise, Appendix, Code of Ordinances, Falls

If a renewal of the franchise held by the company is denied and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself.

If the franchise held by the company is revoked for cause and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an equitable price.

The Township shall exercise appropriate regulatory authority under the provisions of this ordinance and applicable law. This authority shall be vested in the Township Board of Supervisors and administered through the Township Manager or his designee. The Township Manager or his designee shall provide day-to-day administration and enforcement of the provisions of this ordinance and any franchise granted hereunder and shall carry out the Township's responsibilities with regard to cable television.

At all times during the term of the franchise, the company shall comply with all laws, rules or regulations of the Township, state or federal governments, their regulatory agencies or commissions which are now applicable or may be applicable hereafter to the construction and operation of the cable television system, including, without limitation, all laws, ordinances, or regulations now in force or hereafter enacted. Nothing herein shall be deemed a waiver of the company's right to challenge the validity of any such law, rule or regulation.

Notwithstanding any other provisions of this ordinance to the contrary, the company shall at all times comply with all laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government or any agency thereof or any court of competent jurisdiction upon final adjudication substantially reduce in any way the power or authority of the Township under this ordinance or the franchise, or if in compliance with any local, state, or federal law or regulation the company finds conflict with the terms of this ordinance the franchise, or any law or regulation of the Township, then, as soon as possible following knowledge thereof, the company shall notify the Township of the point of conflict believed to exist between such law or regulation and the laws or regulations of the Township, this ordinance and the franchise. The Township, at its option, may notify the company that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the company shall negotiate in good faith with the Township in the development of alternate provisions which shall fairly restore the Township to the maximum level of authority and power permitted by law. The Township shall have the right to modify any of the provisions of this ordinance to reflect the agreement between the Township and the company to carry out the full intent and purpose of this ordinance and the franchise.

The Township reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable television system, the franchise and the company. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the Township, the Township may, without the approval of the company, engage in any such additional regulation as may then be permissible, whether or not contemplated by this ordinance or the franchise, including, without limitation, regulation regarding franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other similar or dissimilar matter.

The Township shall have the right to inspect all books, records, reports, maps, plans, financial statements, and other like materials of the company at any time during normal business hours related to the enforcement of this ordinance or the franchise. Such inspection shall take place at the company's local business office in the Philadelphia metro area, and the company shall have 10 business days within which to bring such office any requested material kept at all other locations. The company shall provide such information in such form as may be required by the Township for said records.

At all reasonable times, the company shall permit examination by any duly authorized representative of the Township of system facilities, together with any appurtenant property of the company situated within or without the Township.

The Township shall have the right of intervention in any suit or proceeding to which the company is party and may affect the Township, and the company shall not oppose such intervention by the Township.

Upon denial of renewal of this ordinance or the franchise or upon its revocation, as provided for herein, the Township shall have the right to require the company to remove, at its own expense, all portions of the cable television system required by public necessity from all streets and public ways within the Township.

The company shall pay the Township a sum of money which will, when added to any application fees received, reimburse all costs and expenses incurred by it in connection with the initial granting of a franchise or transferring a franchise, including, but not limited to, consultant fees, attorneys' fees, publication fees, travel expenses and all other direct costs; provided, however, that the Township shall submit a detailed schedule of all such costs. Notwithstanding the above, in instances where there are no material violations of the franchise, Township fees for each transfer of ownership process shall not exceed $5,000. Such payment shall be made within 30 days after the Township furnishes the company with a written statement of such expenses.

The right is hereby reserved to the Township to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted, subject to § A214-2.

Nothing in this ordinance or the franchise shall limit any right conferred by the Commonwealth the Township may have to acquire by eminent domain or otherwise any property of the company.

Whenever the ordinance shall set forth any time for any act to be performed by or on behalf of the company, such time shall be deemed by the essence any failure of the company to perform within the time allotted shall always be sufficient ground for the Township to invoke an appropriate penalty, including possible revocation of the franchise.

No course of dealing between the company and the Township nor any delay on the part of the Township in exercising any rights hereunder shall operate as a waiver of any such rights of the Township or acquiescence in the actions of the company in contravention of rights except to the extent expressly waived by the Township or expressly provided for in the franchise.