PRINTER'S NO. 2289
No. 1896 Session of 1981
INTRODUCED BY GLADECK, CORNELL, NAHILL, HASAY, VROON, DAIKELER,
GANNON, MACKOWSKI, BOYES, BURD, FLECK, HEISER, FREIND, DORR,
LASHINGER, STAIRS, J. L. WRIGHT, CLYMER, A. C. FOSTER, JR.
AND SAURMAN, OCTOBER 6, 1981
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 6, 1981
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," providing for a township's power as to cable
5 television systems.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 702, act of May 1, 1933 (P.L.103, No.69),
9 known as "The Second Class Township Code," reenacted and amended
10 July 10, 1947 (P.L.1481, No.567), is amended by adding a clause
11 to read:
12 Section 702. Supervisors to Exercise Powers.--The corporate
13 powers of townships of the second class shall be exercised by
14 the township supervisors. Where no specific authority is given
15 for the expenditures incident to the exercise of any power
16 hereinafter conferred, or where no specific fund is designated
17 from which such expenditures shall be made, appropriations for
18 such expenditures shall be made only from the general township
1 fund. In addition to the duties imposed upon them by section 516
2 hereof, they shall have power--
3 * * *
4 LXXV. Regulation and Franchisement of Cable Television
5 Systems.--To regulate by resolution or ordinance cable
6 television systems; and to grant and revoke a cable television
7 system franchise or franchises; and to prohibit the operation of
8 a cable television system except in accordance with the
9 conditions of such regulations and franchise agreements. If no
10 responsible party applies for a cable television franchise in
11 the township, the township may establish and operate a municipal
12 cable television system. Any township operated cable television
13 system in operation on the effective date of this clause may
14 continue to operate without the necessity of first offering the
15 franchise to an outside party. Any franchise agreement entered
16 into by a township and a cable television system prior to the
17 effective date of this clause is hereby validated and the
18 parties to such franchise agreement shall be bound by its
19 provisions. Any cable television system in operation in a
20 township on the effective date of this clause without a formal
21 franchise agreement with the township shall be deemed to be
22 franchised to provide cable television service in the township
23 for a period of fifteen years from the effective date of this
24 clause on the condition that adequate service is continued to be
25 provided to the residents of the township during such fifteen-
26 year period. The township may impose reasonable franchise fees
27 and regulations on the cable television system operator during
28 the fifteen-year period.
29 Section 2. Section 1156 of the act, amended March 1, 1974
30 (P.L.88, No.23), is amended to read:
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1 Section 1156. Permits.--No railroad or street railway shall
2 hereafter be constructed upon any township road, nor shall any
3 railroad or street railway crossings, nor any gas pipe, water
4 pipe, electric conduits, or other piping, be laid upon or in,
5 nor shall any telephone, telegraph, or electric light or power
6 poles, cable television lines, poles and appurtenant structures
7 or any coal tipples or any other obstructions be erected upon or
8 in, any portion of a township road except under such conditions,
9 restrictions and regulations relating to the installation and
10 maintenance thereof, as may be prescribed in permits granted by
11 the township for such purpose. Each application shall be
12 submitted to the township, in duplicate, or such larger number
13 as the township may require. The township shall prescribe a fee
14 as determined by the Department of Transportation payable to the
15 township not exceeding the approximate reasonable cost of
16 processing the application, and another fee payable to the
17 township not exceeding the approximate reasonable cost of making
18 the first inspection hereafter described. Each application shall
19 be accompanied by both fees. When the township shall grant the
20 permit applied for, the township supervisors shall inspect the
21 work authorized by the permit upon the completion thereof, and
22 when necessary, enforce compliance with the conditions,
23 restrictions and regulations prescribed by the township. In
24 addition to such inspection, the township supervisors may
25 reinspect the work not more than two years after its completion,
26 and if any settlement of the road surface or other defect shall
27 appear in the work contrary to the conditions, restrictions and
28 regulations of the township, it may enforce compliance
29 therewith. If the applicant shall fail to rectify any such
30 settlement or other defect, within sixty days after written
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1 notice from the township supervisors to do so, the township
2 supervisors may do the work and impose upon the applicant the
3 cost thereof, together with an additional twenty percentum (20%)
4 of such cost, which may be recovered by an action in assumpsit
5 in the court of common pleas of the county. All fees received by
6 the township shall be paid into the township treasury. Nothing
7 in this section shall be construed to require a permit in
8 advance for emergency repairs necessary for the safety of the
9 public or the restoration or continuance of public utility or
10 other public service, but application for such permit and the
11 fees shall be submitted as herein prescribed within five days
12 after completion of the work, and thereafter the remaining
13 provisions of this section shall apply. Further, nothing in this
14 section shall be construed to authorize or empower a township to
15 regulate or control the operations of any permittee, except as
16 provided for in this section.
17 Section 3. This act shall take effect in 60 days.
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