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BOROUGH SCOTTDALE v. NATIONAL CABLE TELEVISION CORPORATION AND JAY L. SEDWICK (02/07/77)

decided: February 7, 1977.

THE BOROUGH OF SCOTTDALE, A MUNICIPAL CORPORATION
v.
NATIONAL CABLE TELEVISION CORPORATION AND JAY L. SEDWICK, APPELLANTS



Appeal from the Order of the Court of Common Pleas of Westmoreland County in case of The Borough of Scottdale, a municipal corporation v. National Cable Television Corporation, and Jay L. Sedwick, No. 3071 of 1975.

COUNSEL

Yolanda G. Barco, with her George J. Barco, and Barco and Barco, for appellants.

Joseph A. Hudock, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.

Author: Blatt

[ 28 Pa. Commw. Page 388]

The Borough of Scottdale filed a complaint in equity with the Court of Common Pleas of Westmoreland County requesting the court to enjoin the National Cable Television Corporation (National) from increasing its rates for cable television service without the prior approval of the Borough. The lower court granted a permanent injunction and National has appealed.

On January 9, 1967, the Borough adopted Ordinance No. 496, entitled as follows:

An ordinance granting to National Cable Television Corporation, and its assigns, the nonexclusive right and permission to erect, install, maintain and operate a community antenna television system and other closed circuit facilities and additions thereto, in, under, over, along, across and upon the streets, sidewalks, alleys, bridges, roads and highways and other public places in the Borough of Scottdale, Pennsylvania, and subsequent annexations thereto, including in connection therewith, the right and permission to erect,

[ 28 Pa. Commw. Page 389]

    install and maintain poles and to install, attach and maintain wires, cables, appliances and other facilities to such poles and to existing utility poles, for the purpose of transmission and distribution of television, radio and related electronic signals to provide reception service for the same to the members of the public desiring such service in the Borough, and for other purposes, for a period of fifteen (15) years, imposing conditions, requiring insurance coverages, repealing all ordinances or parts of ordinances inconsistent therewith, and providing that this ordinance shall take effect immediately upon its enactment.

The ordinance provided that the right and permission to install and operate the cable television system was granted "in consideration of the faithful performance and observance of the conditions and reservations hereinafter specified," which included, among others, the following:

(1) National shall locate, install and maintain its equipment so as not to endanger or interfere with persons and property, or to unnecessarily obstruct the use of the public ways.

(2) Installation and maintenance of the system shall be in accordance with the provisions of the National Electrical Safety Code.

(3) National shall carry insurance against personal or property loss, damage or injury.

(4) National shall provide 12 channels of television reception service.

(5) National shall provide one free service outlet to a variety of public, parochial ...


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