Notice is hereby given that the Board of Supervisors of Upper Southampton Township, County of Bucks, Commonwealth of Pennsylvania, will hold a public hearing on August 10, 2021 at 6:30 PM in the Southampton Free Library, lower level meeting room, 947 Street Road, Southampton, PA 18966 to consider adoption of the following ordinance:
AN ORDINANCE OF UPPER SOUTHAMPTON TOWNSHIP AUTHORIZING EXECUTION OF A CABLE FRANCHISE AGREEMENT BETWEEN THE TOWNSHIP AND VERIZON PENNSYLVANIA LLC
The full text of the proposed ordinance and agreement may be examined at the office of the Township Manager, 939 Street Road, Southampton, PA 18966. The full text is also available on the Township’s website at www.ustwp.org. The public is invited to attend and provide comment.
ORDINANCE OF THE TOWNSHIP OF UPPER SOUTHAMPTON AUTHORIZING EXECUTION OF A CABLE FRANCHISE AGREEMENT BETWEEN THE TOWNSHIP AND
VERIZON PENNSYLVANIA LLC
WHEREAS, the Franchisee is a “cable operator” and the Township is a “local franchising authority” in accordance with Title VI of the Communications Act (see 47 U.S.C. § 522(5), (10)) and the Township is authorized to grant one or more nonexclusive cable franchises to operate a Cable System within the Township pursuant to Title VI of the Communications Act;
WHEREAS, the Township granted to the Franchisee, effective as of August 15, 2021, a nonexclusive initial Franchise to install, maintain, extend, and operate a Cable System in the Township for a term of ten (10) years (the “Initial Franchise”);
WHEREAS, the Franchisee has operated a Cable System in accordance with the Initial Franchise as of the Effective Date on its existing Telecommunications Facilities consisting of a Fiber to the Premises Telecommunications Network (“FTTP Network”) in the Township which also transmits Non-Cable Services pursuant to authority granted by applicable state law and Title II of the Communications Act, and which are not subject to Title VI of the Communications Act or this Agreement;
WHEREAS, the Franchisee has requested that the Township renew the Franchisee’s Franchise to provide Cable Service to residents of the Township;
WHEREAS, pursuant to and in accordance with applicable federal and state law, the Township undertook a process to determine whether it should renew the Initial Franchise and the terms for such a renewal;
WHEREAS, the Township has examined the past performance of the Franchisee and has identified the Township’s future cable-related needs and interests;
WHEREAS, following good faith negotiations between the parties, the Township and the Franchisee have agreed on the terms for a Franchise Renewal Agreement under which the Franchisee will continue to operate its Cable System in the Township; and
WHEREAS, the Township has determined that this Agreement and the process for consideration of this Agreement complies with all applicable federal, state and local laws and regulations.
NOW THEREFORE, BE IT ORDAINED that the Township Board of Supervisors does hereby approve the cable franchise agreement negotiated with the Franchisee, including all of the terms and conditions contained therein, and does hereby authorize the execution of such agreement.
ENACTED AND ORDAINED this 10th day of August, 2021.
ATTEST: TOWNSHIP OF UPPER
Stephen A. Wallin, Secretary/Treasurer Keith E. Froggatt, Sr., Chairman
Upper Southampton Township
Board of Supervisors