[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 3-17-1971 by Art. 52.
Amendments noted where applicable.]
This chapter shall be known as the Easton Cablevision Bylaw.
It is created for the purpose of authorizing the installation and
operation of Community Antenna Television systems, and for the regulation
of said systems in the Town of Easton.
A.
This chapter is adopted pursuant to the authority conferred upon
municipalities by Article 89 of the amendments to the Constitution
of the Commonwealth to authorize the Select Board to grant permits
for the operation of antenna television systems within the limits
of the Town of Easton, and to enable said Select Board to regulate
the installation, maintenance and business operation thereof so as
to:
[Amended 5-20-2019 ATM by Art. 21]
B.
The provisions for the issue of permits hereunder imply no intention
to create rights generally for persons to engage or continue in the
transaction of the business authorized by the permit, but are adopted
with a view only to accomplish the foregoing purposes. No holder of
such a permit hereunder shall have any property right in any document
or paper evidencing the granting of such permit and issued by the
Board. The Board, upon the expiration, suspension, revocation, cancellation
or forfeiture of such a permit shall be entitled upon demand to the
immediate possession thereof.
The following terms shall, in this chapter, have the following
meanings, unless the context otherwise requires:
Includes any transfer, except by death, of direct or indirect
interests in a permit or permittee
The Select Board of the Town of Easton.
[Amended 5-20-2019 ATM by Art. 21]
Programming distributed on a CATV system which has been originated
by the CATV operator or by another entity, exclusive of broadcast
signals carried on the system. This term shall be construed to be
consistent with the same term as used in the Rules of the Federal
Communications Commission relative to CATV systems.
A person operating a CATV system.
A facility which receives and amplifies the signals broadcast
by one or more television stations and redistributes such signals
to subscribing members of the public for a fixed or periodic fee,
employing wires or cables passing along, over, under, across and upon
streets, ways, lanes, alleys, parkways, bridges, highways and other
public places, including property over which a community has an easement
or right-of-way; it includes facilities which in addition to providing
such reception, amplification and redistribution, are also urged[1] to originate and distribute program material to such subscribers.
Includes a natural person and every form[2] or organization, incorporated or unincorporated.
Any instrumentality, including the executive, legislative
or judicial branches, of the government of the United States or of
the Commonwealth of Massachusetts having jurisdiction over the subject
matter of this chapter and which shall have exercised that jurisdiction
in a manner which shall preempt the authority of the Board with respect
to the particular matter.
The Town of Easton.
A.
No person shall construct, commence construction, operate or otherwise
engage in the business of operating a CATV system in the town by means
of wires and cables of its own or of any other person without first
obtaining as herein provided a written permit from the town. Such
permit may by its terms be exclusive or nonexclusive as the Board
may determine. Each such permit shall contain at least the following
provisions and may contain such other provisions as the Board may
deem reasonably necessary to carry out the purpose of this chapter:
(1)
The area or areas to be served, which may be less than the entire
town.
(2)
The completion date of the installation of substantially all equipment,
wires and cables necessary to serve the named area or areas.
(3)
The name of the owner of all such equipment, wires and cables.
(4)
The date service shall be available to the named area or areas.
(6)
The term of the permit, which shall not exceed 15 years.
(7)
The following provision with respect to violations: "Violation of any of the terms of this permit or of any provision of the Easton Cablevision Bylaw or any regulation thereunder may result in the sanctions provided in that Bylaw. If not otherwise specifically provided therein, such sanctions include suspension or revocation of this permit; the imposition of additional terms or conditions reasonably related to preventing or deterring repeated violations; the imposition of criminal penalties in the manner provided by law for violation of town bylaws; and, in case of violations which affect or may reasonably be anticipated to affect the continuity or quality of service, or which relate to the obligation of the permittee to afford equal opportunities under § 117-4C(10) or to make its facilities available for public use, the permittee hereby submits to the jurisdiction in equity of the courts of the Commonwealth to enter such decrees as may be required in the judgment of the Court to provide immediate relief, either upon ex parte application or after notice as the granting of immediate relief may require."
B.
No such permit or renewal of permit shall be issued except upon written
application therefor to the Board on an application form to be prescribed
by it. Such form shall set forth such facts as the Board may prescribe
as to the citizenship, character and financial, technical and other
qualifications of the applicant to operate the system, and complete
information as to its principals and ultimate beneficial owners (including
in the case of a corporation, all stockholders, both nominal and beneficial,
and in the case of unincorporated associations, all members and ultimate
beneficial owners, however designated) and such other information
as the Board may deem appropriate or necessary.
(1)
Such application shall be signed by the applicant or by a duly authorized
person evidence of whose authority shall be submitted with the application.
Each applicant shall make full disclosure as to the true ownership
of the applicant and of the equipment to be employed in rendering
service and as to the source of funds for the purchase, lease, rental
and installation of such equipment.
(2)
Each application shall set forth the equipment to be employed, the
routes of the wires and cables, the area or areas to be served, the
commencement and substantial completion dates of construction of the
system, the date service will be actually available to the areas named
and the schedule of proposed rates. Additional areas to be served
may be added to the permit from time to time by subsequent supplementary
applications or after hearing by direction of the Board.
C.
Such application shall also require that in the event a permit is
issued, the applicant agrees to the following:
(1)
In installing, operating and maintaining equipment, cables and wires,
it will avoid all unnecessary damage and injury to any and all trees,
structures and improvements in and along the routes authorized. Should
the poles or other structures upon which the lines used in its transmission
or distribution system be removed or be ordered removed in order to
place underground other wires located thereon, it will cause its lines
to be placed underground.
(2)
It will indemnify and hold the town harmless at all times during
the term of the permit from any and all claims for injury and damage
to persons or property, both real and personal caused by the installation
operation and maintenance of any structure, equipment, wire or cable
authorized to be installed pursuant to the permit. Upon receipt of
notice in writing from the Board, it will at its own expense defend
any action or proceeding against the town in which it is claimed that
personal injury or property damage was caused by activities of the
permittee in the installation, operation or maintenance of its system.
(3)
Insurance and security.
(a)
It will carry insurance in a form and in companies satisfactory
to the Board insuring the town and itself from and against any and
all claims for injury or damage to persons or property, both real
and personal, caused by the construction, installation, operation
or maintenance of any structure, equipment, wires or cables authorized
or used pursuant to the permit; the amount of such insurance against
liability for damage to property shall not be less than $100,000 as
to any one person and $200,000 as to any one accident and against
liability for injury or death to persons not less than $100,000 as
to any one person and $300,000 as to any one accident.
(b)
It will provide security by a cash deposit made with the Town
Treasurer or bond in a form satisfactory to the Board, for the refund
to its subscribers in the town of all deposits and prepayments for
service in the event of failure of the permittee to provide its service
throughout the period covered by such prepayment.
(4)
It will not engage directly or indirectly in furnishing, selling,
leasing or repairing Federal Communications Commission standard frequency
television or radio sets.
(5)
It will provide cable drops and its service within the areas authorized
by the permit at no cost to public schools, police and fire stations,
public libraries and any other public buildings at any time designated
in writing by the Board.
(6)
Upon termination of the period of the permit or of any renewal thereof
by passage of time or otherwise, it will cease its operations and
will remove or cause to be removed its supporting structures, poles,
transmission and distribution systems and other appurtenances from
the streets, ways, lanes, alleys, parkways, bridges, highways and
other public places in, over, under or along which they are installed
and will restore or cause to be restored the areas to their original
condition; if such removal is not completed within six months of such
termination, the Board may deem any property not removed as having
been abandoned; and if such removal or restoration is not so completed,
the town may cause them to be done and charge the cost thereof to
the permittee.
(7)
Whenever it may take up or disturb any pavement, sidewalk or other
improvement of any public place, the same shall be replaced and the
surface restored in as good condition as before entry as soon as practicable.
If the permittee fails to make such restoration within a reasonable
time, the town may fix a reasonable time for such restoration and
repair to be made by written notice to the permittee, and, upon the
failure of the permittee to comply with the schedule specified, the
town may cause proper restoration to be made, and the expense of such
work shall be paid by the permittee upon demand by the town.
(8)
It will not remove any television antenna of any subscriber or proposed
subscriber without his prior written consent. In the event that a
subscriber already has an antenna installed, it will at no extra charge
offer to him and maintain an adequate switching device to allow the
subscriber to choose between cable and noncable reception, unless
the subscriber affirmatively indicates in writing that he does not
desire such device.
(9)
Whenever it transposes any television signal from the channel on
which it was originally broadcast so that it is received on a different
channel on the receiving sets of subscribers, it will advise subscribers
of the receiving channel on which the signal was originally broadcast.
(10)
If it permits its facilities to be used to originate and disseminate
any views concerning a controversial issue or[1] public importance, it will afford reasonable opportunity for the presentation of contrasting points of view over its facilities; provided that any request for equal opportunities under this Subsection C(10) is received by the operator within one week after the day on which the prior use occurred.
[1]
Editor's Note: So in original. Apparently should be "of."
(11)
Before commencing construction or in the event that construction
has been commenced or completed prior to the effective date of this
chapter, it will submit to the Board a bond with corporate surety
satisfactory to the Board. The amount of said bond shall be $1 per
person of the total population of the area of the permit, as determined
from the most recent state or federal census available from time to
time, but in no event shall the amount of the bond exceed $100,000.
The term and condition of the bond shall be the performance of the
following conditions:
(12)
In the event reception of its signals by any subscriber is interrupted
for 72 consecutive hours, it will grant such subscriber a pro rata
credit or rebate.
(13)
If the permittee proposes to utilize any structure, poles, lines
or other equipment in its transmission or distribution system in which
any person other than the permittee shall have any interest, an agreement
by such other person to be bound by the terms of the permit and the
agreements of the permittee insofar as they relate to the installation,
maintenance and removal of any property utilized by the permittee
in which such other person has an interest shall be entered into.
(14)
It will notify the Board of any proceeding to which it is a
party before any regulatory agency.
A.
No application under § 117-4 shall be granted except after a public hearing. Public notice of the filing of each application and of a hearing date within not less than 30 days of the filing of the first such application, shall be given in a newspaper published in the town by at least two advertisements not less than a week apart placed and paid for by the applicant after advance approval of the form of such advertisements by the Board. In no case shall any application be acted upon by the Board within 30 days of the first of such advertisements. In the event that more than one application is filed, the Board shall choose that applicant or those applicants which in its opinion will best serve the public interest. The Board shall issue a public statement in writing containing the reasons for its decision. Any hearing required by this section may be consolidated with any held hearing pursuant to MGL c. 166, § 22, relative to poles and wires to be utilized by the applicant.
B.
The rights of any holder of a valid permit issued pursuant to MGL
c. 166, § 22, in the town prior to the adoption of this
chapter shall not be impaired by the adoption of this chapter; provided,
that such holder, within a period of time set by the Board, agrees
to be bound by the terms of this chapter in the same manner as an
applicant hereunder. If a permit issued under MGL c. 166, § 22,
does not specify the area of town within which the rights conferred
shall be exercised, the Board shall upon receipt of the agreement
of the said permittee specify such area.
Each permittee shall install its CATV system and maintain the
quality of the signals transmitted over its system to its subscribers
in accordance with standards to be prescribed by any regulatory agency.
Each such permittee shall also file annually with the Board on forms
to be prescribed by the Board a statement of its revenues and expenses
and its ownership. Such completed forms shall be kept in a file open
to the public.
No application for a permit to operate a CATV system or for
renewal or assignment of such a permit shall be considered by the
Board unless it is accompanied by an application deposit of $500.
The town shall retain from such deposit only the reasonable cost to
the town of processing such application, including any investigation
of the applicant and evaluation of the application, whether by employees
of the town or by persons retained by the town for that purpose. The
balance of the deposit, if any, shall be refunded to the applicant
if unsuccessful or applied to the permit fee charged to the applicant
if successful. Initial and annual permit fees shall be established
annually by the Board in an amount equal to the reasonable expenses
incident to the enforcement of this chapter. Any applicant or holder
of a permit shall be permitted to participate in any proceedings held
to establish the amount of the costs or fees to be charged to such
applicant or holder hereunder.
If at any time after the adoption of this chapter there shall
be granted to the town additional powers with respect to CATV systems,
this chapter shall be construed to authorize the exercise of such
additional powers by the Board to the extent permitted by the action
granting such powers.
A.
Complaints by any person as to the operation of any CATV system may
be filed in writing with the Board, which shall within 10 days forward
copies of such complaints to the permittee.
B.
Any permit issued hereunder may after hearing be revoked by the Board
on any of the following grounds:
(1)
For false or misleading statements in, or material omissions from,
any application or any annual return submitted under this chapter.
(2)
For failure to file and maintain a bond under § 117-4C(3)(b) or to maintain insurance under § 117-4C(3)(a).
(3)
For two or more violations of a different nature within 12 months, as determined by the Board, of commitments of a permittee under § 117-4C(10).
C.
The Board may, in connection with the determination of any question
of fact required to be made in administering this chapter, retain
the services of any person or firm of professional consultants or
engineers having no financial interest in the outcome of such determination
to investigate and report to it. Such report may be considered by
the Board in making its determination of fact, provided that a copy
of the report shall have been furnished to any permittee whose interests
might be adversely affected by a decision of the Board in the matter.
(1)
At any hearing under this chapter, reasonable opportunity shall be
given to all parties to the matter under hearing to inquire into such
investigation and report.
(2)
Upon request of the Board, a permittee shall make or provide, or
allow and bear the expense of making or providing, any tests, investigations
or reports necessary to establish, to the satisfaction of the Board,
compliance with all terms and conditions of this chapter.
Any permit issued hereunder may be renewed by the Board for
additional periods, each not to exceed 10 years. No initial or renewed
permit may be assigned without the prior written consent of the Board.
Such consent shall be given only upon a written application therefor
on forms to be prescribed by the Board. Such forms shall set forth
such facts as the Board may prescribe as to the citizenship, character
and financial, technical and other qualifications of the proposed
assignee to operate the system, and complete information as to its
principals and ultimate beneficial owners (including in the case of
corporations, all stockholders, both nominal and beneficial and, in
the case of unincorporated associations, all members and ultimate
beneficial owners however designated), it being the intention hereof
that each assignee shall make full disclosure as to its true ownership
and as to the source of the funds to be used for the purchase and
operation of the system.
A.
The application for consent shall contain such other information
concerning the consideration to be paid and other matters as the Board
may deem appropriate or necessary and shall be signed by the applicant
and by the proposed assignee or by persons duly authorized, evidence
of whose authority shall be submitted with the application. In no
case shall the consent of the Board to an assignment be given when
it appears from the application or from subsequent investigation or
otherwise that the consideration being paid in the proposed transaction
includes a substantial payment solely for the permit issued hereunder.
B.
The Board may upon application by a permittee whose beneficial shares
of ownership are the subject of an effective Registration Statement
filed with the Securities and Exchange Commission of the United States
Government, or are listed, for trading on a national stock exchange,
exempt transactions in such shares from the requirements of this section
entirely or to such lesser extent as the Board may deem consistent
with the purposes of this chapter.
This chapter shall, to the fullest extent legally possible apply
to all CATV systems authorized or constructed prior to the effective
date hereof. In any case in which prior to such effective date arrangements
have been entered into between the town and an operator by means of
contract or otherwise which are inconsistent with the provisions of
this chapter, the Board shall take steps promptly and in any event
within 90 days to ensure compliance with such provisions.
A.
The Board may issue such regulations as it deems appropriate to carry
out the purposes of this chapter.
B.
The Board shall have authority to enter into agreements with similarly
authorized agencies of other municipalities in order to carry out
the purposes of this chapter with respect to permittees who hold or
may hold a permit from the town, and such other municipality.
Nothing in this chapter shall be construed to bar operation
of a CATV system by the town if otherwise authorized by law so to
do, but such operation shall be subject to this chapter as if the
system were privately owned and operated.
All permits granted shall be subject to the following conditions,
whether or not set forth in the document or vote granting them:
A.
No privilege or exemption shall be granted or conferred by any permit
granted under this chapter except those authorized herein.
B.
Any privilege claimed under any such permit by the permittee in any
public way or other public property shall be subordinate to any prior
lawful occupancy of the public ways or other public property.
C.
Any such permit shall be a privilege to be held in personal trust
by the original permittee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by force
or involuntary sale, or by voluntary sale, merger, consolidation or
otherwise, without the prior consent of the Board and then only under
such conditions as may therein be prescribed. Any such transfer or
assignment shall be made only by an instrument in writing, a duly
executed copy of which shall be filed in the office of the Board within
30 days after any such transfer or assignment.
D.
Time shall be of the essence of any permit granted hereunder. The
permittee shall not be relieved of his or her obligation to comply
promptly with any of the provisions of this chapter by any failure
of the town to enforce prompt compliance.
E.
The permittee shall have no recourse whatsoever against the town
for any loss, cost, expense or damage arising out of any provision
or requirement of this chapter or of any permit issued hereunder or
because of its enforcement.
F.
The permittee shall be subject to all requirements of pertinent Federal
and Commonwealth of Massachusetts laws, rules and regulations, as
well as town bylaws, rules, regulations and specifications heretofore
or hereafter enacted or adopted.
G.
Any permit shall not relieve the permittee of any obligation involved
in obtaining permits to place or utilize poles or wires in the public
ways.
H.
The town shall have the right to purchase the CATV system of any
permittee if the town shall be authorized by law to operate a CATV
system.
I.
Nothing contained in this chapter shall be construed to contract
away or to modify or abridge, either for a term or in perpetuity,
any right of eminent domain which the town may otherwise have under
law.
J.
There is hereby reserved to the town every right and power which
is required by law to be herein reserved or provided, and any permittee
by its acceptance of any permit, agrees to be bound thereby and to
comply with any action or requirement of the town in its exercise
of such rights or power.
K.
Neither the granting of any permit hereunder nor any of the provisions
contained herein shall be construed to prevent the town from granting
any identical or similar permit, to any other person, firm or corporation,
within all or any area of the town.
L.
There is hereby reserved to the town the power to amend any section
or part of this chapter so as to require additional bonding or insurance,
or greater standards of construction, operation, maintenance or otherwise,
on the part of the permittee at any time.
M.
Neither the granting of any permit nor any provision hereof shall
constitute a waiver or bar to the exercise of any governmental right
or power of the town.
N.
The Board may do all things which are necessary and convenient in
the exercise of its jurisdiction under this chapter and may determine
any question of fact which may arise during the existence of any permit
granted hereunder.
O.
At all reasonable times, the permittee shall permit any duly authorized
representative of the town to examine all property of the permittee,
together with any appurtenant property of the permittee situated within
or without the town, and to examine and transcribe any and all maps
and other records kept or maintained by the permittee or under its
control which deal with the operations, affairs, transactions or property
of the permittee with respect to its permit. If any such maps or records
are not kept in the town, or upon reasonable request made available
in the town, and if the Board shall determine that an examination
thereof is necessary or appropriate, then all travel and maintenance
expenses necessarily incurred in making such examination shall be
paid by the permittee.
P.
The permittee shall prepare and furnish to the Board at the times
and in the form prescribed by the Board, such reports with respect
to its operations, affairs, transactions, property or financial status
as may be reasonably necessary or appropriate to the performance of
any of the rights, functions or duties of the town or any of its officers
in connection with the permit.
Q.
The permittee shall at all times make and keep in the town full and
complete plans and records showing the exact location of all CATV
system equipment installed or in use in public ways and other public
places in the town.
R.
The permittee shall maintain an office within the town limits which
subscribers may call at any time, and CATV maintenance service shall
be promptly available to subscribers within 24 hours.
S.
No person, firm or corporation in the existing service area of the
permittee shall be arbitrarily refused service; provided, however,
that the permittee shall not be required to provide service to any
subscriber who does not pay the applicable fees and charges.
T.
Before providing service to any subscribed,[1] the permittee shall obtain a signed contract from the
subscriber containing a provision substantially as follows:
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"Subscriber understands that in providing antenna service the
permittee is making use of public ways within the Town of Easton and
that the continued use of such ways is in no way guaranteed. In the
event the continued use of such ways is denied to permittee for any
reason, permittee will make every reasonable effort to provide service
over alternate routes. Subscriber agrees he will make no claim nor
undertake any action against the Town of Easton, its officers, or
its employees if the service to be provided hereunder is interrupted
or discontinued."
|
[1]
Editor's Note: So in original. Should be "subscriber."
U.
In the case of any emergency or disaster, the permittee shall upon
request of the Board, make available its physical facilities to the
town for emergency use during the emergency or disaster period.
A.
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the remainder thereof and
the application of such provision to other persons or circumstances
shall not be affected thereby.
B.
Should any of the matters regulated by this chapter be subsequently
the subject of valid regulations issued by any agency of the Commonwealth
specifically authorized to regulate CATV systems, such valid regulations
shall supersede the provisions of this chapter dealing with matter
specifically regulated by such agency. Matters not so specifically
regulated shall, to the fullest extent permitted by law, continue
to be subject to regulation hereunder.
Any discretion conferred by this chapter upon the Board shall
be exercised reasonably by the Board and in such a manner as will,
in the judgment of the Board, achieve the purposes of this chapter.
