Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clifton Park 3-1-1976 by L.L. No. 2-1976. Amendments noted where applicable.]

§ A213-1 Title.

§ A213-2 Definitions and word usage.

§ A213-3 Qualifications of grantee.

§ A213-3.1 Approval of company.

§ A213-4 Grant of franchise; nonexclusiveness of grant.

§ A213-5 Type and capacity of equipment to be installed.

§ A213-6 Operational standards.

§ A213-6.1 Local access and related services by company.

§ A213-7 Filing communications with regulatory agencies.

§ A213-8 Compliance with applicable regulations.

§ A213-9 Indemnification and insurance.

§ A213-10 Service standards.

§ A213-11 Company rules.

§ A213-12 Conditions of street occupancy.

§ A213-13 Discriminatory practices prohibited.

§ A213-14 Operation and maintenance.

§ A213-14.1 Use of existing poles and location of underground facilities.

§ A213-14.2 Relocation of property.

§ A213-14.3 Use and installation.

§ A213-14.4 Removal and abandonment of property.

§ A213-15 Assignments or transfers.

§ A213-16 Town rights.

§ A213-17 Franchise fees.

§ A213-18 Inspection of records.

§ A213-19 Public, educational, government access (PEG).

§ A213-20 Rates for service.

§ A213-21 Term of franchise and rights arising hereunder.

§ A213-22 Construction; service area; line extensions.

§ A213-23 Service to public facilities; maintenance of records.

§ A213-23.1 Service extension policy.

§ A213-24 Effect of state or federal rules.

§ A213-25 Prohibited activities.

§ A213-26 Free drops.

§ A213-27 Censorship prohibited.

§ A213-28 Disclaimer of programming liability.

§ A213-29 Severability; governing law; administration; police powers; request for authorization; nondiscrimination.

§ A213-30 Administration.

§ A213-31 Payment for services; subscribers’ services; additional services.

§ A213-32 Requests for authorization.

§ A213-33 Revocation.

§ A213-34 Severability.

§ A213-35 Nonenforcement; company obligation to comply.

§ A213-36 Repeal of conflicting provisions.

§ A213-37 Integration.

§ A213-1 Title.

[Amended 5-5-1986 by L.L. No. 3-1986; 4-6-1998 by L.L. No. 2-1998; 12-8-2003 by L.L. No. 12-2003]
This local law shall be known as "Local Law No. 12 of 2003" or as "Time Warner Cable CATV Franchise and Permit." As used herein, Local Law No. 2 of the year 1976 shall be called "franchise." As used herein, Local Law No. 12 of 2003 shall be called "franchise renewal."

§ A213-2 Definitions and word usage.

[Amended 5-5-1986 by L.L. No. 3-1986; 4-6-1998 by L.L. No. 2-1998; 12-8-2003 by L.L. No. 12-2003]
A. 
Unless the context clearly indicates that a different meaning is intended, the following terms shall have the meanings indicated:
BASIC SERVICE
The tier of cable service that includes the retransmission of local television and public, educational and governmental channels required by the franchise or commission rules and any additional video signals as determined by the company.
(1) 
The one-way or two-way transmission to subscribers of video programming. or other programming service.
(2) 
Subscriber interaction. if any, which is required for the selection of such video programming, or other communications services.
CABLE TELEVISION SYSTEM or CABLE COMMUNICATION(S) SYSTEM
A facility, consisting of a set of closed transmission paths, and associated signal generation, reception and control equipment that is designed to provide broadband telecommunications service which includes, but is not limited to, cable television service or cable service and which is provided to multiple subscribers within a community. Such term does not include a facility that serves only to retransmit the television signals of one or more television broadcast stations; a facility that serves only subscribers in one or more multiple-unit dwellings, not including single-family dwellings unless such facility or facilities use any public right-of-way; a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Policy Act of 1934, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or any facilities of any electric utility used solely for operating its electric utility systems.
COMPANY
Time Warner Cable, is successors, assigns and transferees.
EFFECTIVE DATE OF THIS AGREEMENT
The date upon which both parties to this agreement shall have affixed their signatures hereto.
FRANCHISE
The grant or authority given hereunder renewing the franchise previously granted to the company with the due consent of the municipality, which consent or authority is evidenced by regulation, ordinance, permit, this agreement or any other authorization, to conduct and operate a cable television system in the municipality in accordance with the terms hereof.
FCC
The Federal Communications Commission, its designee and any successor thereto.
GROSS REVENUES
All revenues derived, directly or indirectly, by the company from the operation of the cable television system pursuant to this agreement by subscribers residing within the municipality and pursuant to the rights granted by this franchise. Additionally, revenue from local advertising, leased access programming and home shopping shall be included and shall be calculated on a pro-rate basis using the number of subscribers served in the community. The term “gross revenues” shall not include excise taxes, or sales tax, or bad debt, or any other taxes or fees which are imposed on the grantee or any subscriber by any governmental unit and collected by the grantee for such governmental unit, or any payment to the municipality which is a franchise fee under applicable law. The company shall have the right to apply franchise fees paid as a credit against special franchise assessments pursuant to § 626 of the New York State Real Property Tax Law.
MUNICIPALITY
The Town of Clifton Park. Wherever the context shall permit, Town Board and municipality shall be used interchangeably and shall have the same meaning under this franchise.
PSC
New York State Public Service Commission.
PERSON
An individual, partnership, association, corporation, joint-stock company, trust, corporation, or organization of any kind, the successors or assigns of the same.
SERVICE TIER
A category of cable television service provided by the company over the cable television system for which a separate rate is charged for such category by the company.
STREETS
The surface of, as well as the space above and below, any and all streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks and public grounds and waters within or belonging to the municipality.
SUBSCRIBER
Any person lawfully receiving any cable television service in the municipality provided over the cable television system.
TOWN BOARD
The Town Board of the Town of Clifton Park.
VIDEO PROGRAMMING
Any or all programming services provided by or generally considered comparable to programming provided by a television broadcast station.
B. 
Word usage. “May” is permissive; “shall” or “will” are mandatory.

§ A213-3 Qualifications of grantee.

[Amended 12-8-2003 by L.L. No. 12-2003]
In accordance with 8 NYCRR 594, a public hearing concerning the application of the company for the franchise herein granted was held on October 14, 2003, at 7:10 p.m. at the Town Office Building, Clifton Park, N.Y. Public notice of said hearing was given in the Schenectady Gazette on October 2, 2003, which notice invited all interested parties to participate in said hearing and comment upon the character, financial condition, technical ability and other qualifications of the company to construct and operate a cable television system in the Town of Clifton Park and the adequacy and feasibility of the company's arrangements for the construction of such a cable television system in the Town. Said hearing having been held on the date and at the place stated hereinabove, and said hearing having been a full public proceeding affording due process, and the Town Board having received at said hearing all comments regarding the qualifications of the company to receive this franchise, the Town Board hereby finds that the company possesses the necessary character, technical ability, financial condition and other qualifications and that the company's financing for construction and operating the cable television system are adequate and feasible, and that, therefore, the franchise complies with the standards of the Federal Communications Commission (FCC) and the Commission on Cable Television of the State of New York.

§ A213-3.1 Approval of company.

[Added 12-8-2003 by L.L. No. 12-2003]
The municipality hereby acknowledges and agrees that this franchise has been approved and entered into by it in accordance with and pursuant to the Communications Act of 1934, as amended, 47 U.S.C. § 521 et seq. (hereinafter the Communications Act) and all other applicable laws, rules and regulations including, but not limited to, the rules and regulation of applicable laws, rules and regulations including, but not limited to, the rules and regulation of FCC and the PSC, and hereby represents and warrants that this franchise has been duly approved and entered into in accordance with all applicable local laws. The municipality hereby acknowledges that it, by duly authorized members thereof, has met with the company for the purposes of evaluating the company and negotiating and consummating this franchise. The municipality has determined, after affording the public all adequate and due notice and opportunity for comment in public proceedings affording due process, that the company is likely to satisfy cable-related community needs and has found the company’s technical ability, financial condition, and character to be satisfactory and has also found to be adequate and feasible the company’s plans for constructing and operating the cable television system. In making said determination, the municipality considered the past performance of the company and its affiliated entities and the company’s likelihood of satisfactory performance of its obligations hereunder and other factors the municipality deemed necessary for approval of the company as the cable television franchisee, which approval will not be unreasonably withheld.

§ A213-4 Grant of franchise; nonexclusiveness of grant.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
The municipality hereby grants to the company the nonexclusive right to construct, erect, operate and maintain a cable television system and to provide cable television service within the municipality as it now exists and may hereafter be changed, and in so doing to use the streets of the municipality by erecting, installing, constructing, repairing, replacing, reconstructing, maintaining and retaining in, on, over, under, upon, and across any and all said streets such poles, wires, cables, conductors, ducts, conduits, vaults, pedestals, manholes, amplifiers, appliances, attachments and other property as is deemed necessary or useful by the company, subject to the company’s obligation to provide efficient cable television service. Additionally, the municipality insofar as it may have the authority to so grant, hereby authorizes the company to use any and all easements dedicated to compatible uses, such as electric, gas, telephone or other utility transmissions, for the purposes of erecting, installing, constructing, repairing, replacing, reconstructing, maintaining and retaining in, on, over, under, upon and across such easements such items of the cable television system as it deemed necessary or useful by the company in order to provide cable television service. Upon request by the company and at the company’s sole expense, the municipality hereby agrees to assist the company in gaining access to and using any such easements.
B. 
Without waiver or restriction of the rights available to the parties hereto under applicable law, this franchise and the attachments hereto constitute the entire agreement between the parties and supersede any and all prior cable television agreements and other agreements or instruments by or between the parties hereto or their predecessors in interest as well as all rights, obligations and liabilities arising thereunder concerning or in any way relating to cable television service.
C. 
Nonexclusiveness.
(1) 
This franchise shall not be construed as any limitation upon the right of the municipality to grant to other persons rights, privileges, and authorities herein set forth, in the same or other streets, alleys, or other public ways or public places. The municipality specifically reserves the right to grant at any time during the term of this agreement such additional franchises for a cable communications system as it deems appropriate. In the event the municipality grants to any other person (being referred to as “grantee” in the below quoted paragraph) a franchise, consent or other right to occupy or use the streets, or any part thereof, for the construction, operation, or maintenance of all or part of a cable television system or any similar system or technology, the municipality shall insert the following language into any such franchise, consent or other document, and/or promptly enact legislation, conditioning the use of the streets or any part thereof by any such person, as follows:
“Grantee agrees that it shall not move, damage, penetrate, replace or interrupt any portion of the Cable Television system of the Company without the prior written consent of the Company. Grantee shall indemnify the Company against any damages or expenses incurred by the Company as a result of any such removal, damage, penetration, replacement or interruption of the services of the Company caused by the Grantee.”
(2) 
As used immediately above in the above-quoted paragraph, the term “Company” shall mean the Company, as defined in this Franchise, and its successors, assigns and transferees.
D. 
In addition to the foregoing, in the event any such grants of franchises, consents or other rights to occupy the streets, or the provision of any service pursuant thereto, are on terms more favorable or less burdensome than those contained herein, the provisions of this franchise shall be deemed modified without any further action so as to match any such more favorable or less burdensome provisions.
E. 
As used in this section, the phrase “occupancy or use of the streets” or any similar phrase shall not be limited to the physical occupancy or use thereof but shall include any use above or below the streets by any technology, including but not limited to infrared transmissions.

§ A213-5 Type and capacity of equipment to be installed.

The applicant shall specify in its proposal the type and capacity of the equipment to be installed, and the company shall advise the Town of any changes in this section of its proposal. No changes in the type and capacity of equipment to be installed shall be allowed unless such change is at least equal to or better than that proposed by the company in its application.

§ A213-6 Operational standards.

A. 
The CATV system shall be installed and maintained in accordance with the highest accepted standards of the industry to the end that the subscriber may receive the highest and most desirable form of service.
B. 
In determining satisfactory compliance with the provisions of this local law, the following shall be considered:
(1) 
That the CATV system is designed and capable of twenty-four-hour-a-day continuous operation.
(2) 
Upon commencement of service in any part or all of the system, an engineering report, certifying that system performance fully complies with performance standards described in the company's application proposal, shall be prepared and kept on file in the offices of the company. Such engineering report shall cover, but not be limited to, the following technical performance characteristics and shall be prepared by a qualified professional engineer:
(a) 
Radio frequency carrier to noise ratio.
(b) 
Radio frequency carrier to cross-modulation ratio.
(c) 
Radio frequency carrier to interference ratio — intermodulation cochannel.
(d) 
Visual carrier levels.
[1] 
Any one channel.
[2] 
Adjacent channels.
[3] 
All channels.
(e) 
Aural carrier level.
(f) 
Frequency stability.
[1] 
Visual Carrier.
[2] 
Aural Carrier.
(g) 
Gain vs. frequency response.
[1] 
System.
[2] 
Any one channel.
(h) 
Hum; any one channel.
(i) 
Receiver isolation.
(j) 
Radiation.
(k) 
Ghosting or echo.
C. 
At any subsequent time, the Town may request such additional performance testing as it deems necessary on the basis of complaints received or other evidence indicating possible noncompliance, including, if it deems necessary, additional engineering reports by an independent, registered professional engineer.
D. 
Mutually acceptable procedures for such tests shall be arranged without undue hardship or inconvenience to the subscribers or the company.
E. 
The system shall be maintained at all times in compliance with FCC technical standards as set forth in Part 76, Subpart K, of the FCC Rules (and Part 596.3 of the New York State Commission on Cable Television Rules), or any amendments thereto which may be subsequently adopted. These shall be considered minimum technical standards, and overall technical performance of the system shall be assessed in relation to these minimum standards and the company's application setting forth the technical standards it proposes to provide.

§ A213-6.1 Local access and related services by company.

[Added 5-5-1986 by L.L. No. 3-1986]
A. 
The company shall provide that the system will include a studio at the company's local office (presently in Troy, New York) with at least one color camera, one video tape recorder, a switcher with special effects capability and a time base corrector, plus necessary audio and lighting equipment and at least two portable color camera and video tape recorder combinations, together with any and all incidental equipment to provide satisfactory broadcasts of local events on local access channels. Appropriate access channels shall be provided at reasonable times.
[Amended 2-12-1987 by L.L. No. 1-1987]
B. 
The company shall provide an appropriate staff to tape and broadcast Town meetings and Planning Board meetings. Specifically, the following events shall be taped by the company by company personnel and shall be broadcast on an appropriate access channel to the subscribers located in the Town of Clifton Park, on a delayed basis:
(1) 
Up to three meetings of the Town Board each month.
[Amended 4-6-1998 by L.L. No. 2-1998[1]]
[1]
Editor's Note: This local law also repealed former Subsection B(2), pertaining to meetings with the Town Planning Board, which immediately followed this subsection.
C. 
The company shall also broadcast meetings of the School Board, local Shenendehowa High School sporting events and other events designated by the Town Board by local law or resolution as further set forth below. However, the company is not required to provide an appropriate staff to tape these additional events, but rather will provide technical assistance to the audiovisual department. If the Shenendehowa Central School administration consents and the necessary staff to tape the following events is available through the Shenendehowa High School and the quality of the taping is deemed satisfactory by the company, the company agrees to broadcast the following events on a time-delayed basis on an appropriate local access channel:
(1) 
All meetings of the Shenendehowa School Board, provided that the Shenendehowa School Board so consents.
(2) 
All Shenendehowa varsity football games, varsity boys' basketball games and varsity hockey games, with the consent of and under the supervision and guidance of the Director of Athletics of Shenendehowa Central Schools.
(3) 
Additional high school sporting events designated by the Town Board by local law or resolution, with the consent of and under the supervision and guidance of the Director of Athletics of the Shenendehowa Central Schools.
(4) 
Such additional locally originated programming as the Town may designate or that the company may find advantageous to broadcast.

§ A213-7 Filing communications with regulatory agencies.

Copies of all petitions, applications and communications submitted by the company to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting CATV construction or operation shall also be submitted simultaneously to the Town.

§ A213-8 Compliance with applicable regulations.

The company shall, at all times during the life of this permit and franchise, be subject to all lawful exercise of the police power by the Town and to such reasonable regulation as the Town shall hereafter by resolution or ordinance provide. The company shall further comply with and be subject to all applicable regulations and laws affecting CATV promulgated by Saratoga County, New York State or United States regulatory agencies.

§ A213-9 Indemnification and insurance.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
The company hereby agrees to indemnify the municipality for, and hold it harmless from, all liability, damage, cost or expense (including reasonable attorney’s fees) arising from claims of injury to persons or damage to property caused by reason of any negligent conduct undertaken by the company, its employees or agents in the construction, installation, operation and maintenance of the cable television system.
B. 
The company shall, as of the effective date of this franchise, furnish to the municipality evidence of a liability insurance policy or policies, in the form of a certificate of insurance naming the municipality as an additional named insured, which policy or policies or replacements thereof shall remain in effect throughout the term of this franchise at the cost and expense of the company; said policy and replacements shall be in the combined amount of $3,000,000 for bodily injury and property damage issued by a company authorized to do business in New York State. In addition, the company shall carry workers’ compensation insurance for its employees in such amounts as is required by the laws of the State of New York. The insurance coverage herein above referred to may be included in one or more policies covering other risks of the company or any of its affiliates, subsidiaries or assigns. The company shall deliver a certificate of insurance evidencing compliance with this section within 10 days of the effective date or any change in such coverage. In addition, all policies evidencing such insurance and the certificates issued with respect thereto shall provide for at least 30 days’ written notice to the municipality prior to cancellation, reduction in policy limits or material change in coverage thereof.
C. 
Notwithstanding any provision contained within this franchise, the municipality and company hereby expressly agree that the company shall not be liable for and shall not indemnify the municipality in any manner and in any degree whatsoever from and against any action, demand, claims, losses, liabilities, suits or proceedings arising out of or related to any negligence or wrongdoing of the municipality or any of its employees, agents or officers.

§ A213-10 Service standards.

A. 
The company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Town as provided for in § A213-16 of this local law, or by any regulatory body, state or federal, having jurisdiction over the company's operations.
[Amended 2-8-1988]
B. 
Local office. During the term of this franchise, and any renewal thereof, the company shall maintain a local business office or agent for the purpose of resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. The provisions of this section shall be complied with if the company maintains a local business headquarters office in the City of Troy, a place easily accessible to the citizens of the Town, and provides the Town Clerk's office with the name, address and telephone number of a person who will act as company agent to receive complaints regarding quality of service, equipment malfunctions, billing disputes and other matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday. Any complaints from subscribers shall be acted upon as soon as possible, but in no case later than the following day after receipt (i.e., within 24 hours). Trouble call processing shall be in accordance with 8 NYCRR 596.8.
[Amended 12-13-1976 by L.L. No. 5-1976]
C. 
Complaints.
(1) 
Any complaints received at the local office regarding quality of service, equipment malfunction, billing disputes and other matters which cannot be resolved to the satisfaction of the subscriber within three business days of their receipt (i.e., within 72 hours) may be forwarded to the company's main office by the subscriber.
(2) 
Within five business days after receipt of such complaints at the main office, the company shall contact the subscriber, investigate the complaint and take whatever reasonable steps as may be necessary to resolve the complaint. The company shall advise the subscriber in writing of any and all steps taken to resolve the complaint and preclude any recurrence of the matter complained of.
(3) 
The company shall post a notice of the procedure outlined in this subsection, together with the address and telephone number of the company's main office, in a conspicuous place in the local office. Notice of the procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the system. The company shall also provide notice annually to each subscriber of the procedure for reporting and resolving subscriber complaints.
D. 
Notice of interruption for repairs.
(1) 
Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installations, the company shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give 48 hours' notice thereof to its customers.
(2) 
All service calls and repairs caused by defective equipment shall be made free of charge.
(3) 
In the event a subscriber is without service, except through problems beyond the company's control, for a period in excess of 72 hours because of a breakdown, such customer shall receive a pro-rata reduction in monthly service charge for the period of the breakdown.

§ A213-11 Company rules.

The company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligations under this permit and franchise and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or the laws of the State of New York and shall, where applicable, be subject to approval by the regulatory body, state or federal, having jurisdiction over the company's operations.

§ A213-12 Conditions of street occupancy.

A. 
Use. All of the company's transmission and distribution structures, lines, poles, wires and appurtenances and equipment erected by the company within the Town shall be so located, erected and maintained as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys or other public ways and places. It is the intent of the Town that all other utilities with pole and/or conduit space shall grant the joint use thereof to the company upon a reasonable basis in order to minimize the number of new poles and/or conduits.
B. 
Contracts. The company may enter into one or more contracts with the Niagara Mohawk Power Company, New York Telephone Company or the owner or lessee of any poles located within the Town to whatever extent such contract or contracts may be expedient and of advantage to the company in furnishing the service covered by this franchise to its customers. Whenever other utilities go underground with their facilities, the company will do the same; further, the company agrees to operate in compliance with any state or federal laws governing cable construction in new areas.
C. 
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the company shall, at its own cost and expense and in a manner approved by the Town Board, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said work was commenced.
D. 
Relocation. In the event that, at any time during the period of this permit and franchise, the Town shall lawfully elect to alter or change the grade of any street, alley or other public way, the company, upon reasonable notice by the Town, shall remove, reset and relocate its poles, wires, cables and underground conduits at its own expense.
E. 
Placement of fixtures. The company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture or water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curbline, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.
F. 
Temporary removal of wires for building moving. The company shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the company shall have the authority to require such payment in advance. The company shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
G. 
Tree trimming. The company shall have the authority to trim trees, at its own expense, overhanging upon the streets, alleys, sidewalks and public places of the Town so as to prevent the branches of such trees from coming in contact with the wires and cables of the company.

§ A213-13 Discriminatory practices prohibited.

The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage, provided that nothing in this permit and franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled.

§ A213-14 Operation and maintenance. [1]

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
The company has completed an upgrade of the municipality’s cable television system as follows: the system has 750 MHZ capability; the system has cable modem compatibility; the system will continue to provide throughout the term of this franchise cable television services available to residential customers generally comparable to those provided to communities served by the company’s main capital region head-end facility located in Albany, New York.
B. 
The cable communications system shall incorporate equipment capable of providing standby powering of the head-end and any sub head-end, for a minimum of six hours upon failure of the power furnished by the utility company. The standby powering equipment shall provide for automatic cut-in upon failure of the AC power and automatic reversion to the AC power upon resumption of the AC power service. The equipment also shall be so designed as to prevent the standby power source from powering a dead utility line.
C. 
The company shall comply with the emergency alert system requirements as set forth by FCC rules.
D. 
All signals carried by the cable communications system shall be transmitted with a degree of technical quality not less than that prescribed by rules of the FCC and PSC.
E. 
Operations of the cable communications system shall be such that interference caused to broadcast and satellite television and radio reception, telephone communication, amateur radio communication, aircraft and emergency communications or other similar installations or communications within the municipality will be as permitted under applicable FCC and PSC rules and regulations.
F. 
At such time as the performance monitoring and testing conducted pursuant to requirements of federal and state regulatory agencies having jurisdiction provides evidence that any transmission of the cable communications system fail to meet the prescribed standards, the performance monitoring and testing shall be repeated upon completion of necessary repairs or adjustments. The results of all such testing shall be filed with the municipality within 15 days of the municipality’s request.
G. 
The company shall adhere to a preventive maintenance policy directed toward maximizing the reliability (mean-time-between-malfunctions) and maintainability (mean-time-repair) of the cable communications system with respect to its delivery of service to subscribers.
H. 
The company shall maintain an engineering department comprised of qualified technicians and the necessary vehicles and equipment to provide prompt and efficient repair service.
I. 
Whenever it is necessary to interrupt service for the purpose of making repairs, adjustments or installations the company shall do so at such time and in such manner as will cause the least possible inconvenience to the subscribers. For scheduled system-wide maintenance and/or upgrades that may cause anticipated interruptions in service, the company shall give reasonable notice thereof to its subscribers. Except in emergencies, the company shall use its best efforts not to interrupt service for the purpose of making repairs between the hours of 7:00 p.m. and 12:00 midnight each day.
J. 
The company shall have a locally listed telephone so operated that requests for repairs or adjustments can be received at any time, 24 hours per day, seven days per week.
K. 
Insofar as reasonably possible, the company shall begin working on service problems no later than the next business day after the company’s receipt of complaints; however, this requirement shall not apply if there are extenuating circumstances beyond the company’s control.
L. 
The requirements for maintenance and repair shall not apply to subscriber television receivers, video cassette recorders, remote control devices, and other devices not provided by the company.
M. 
Any subscriber may bring any disagreement with the company to the PSC for disposition as permitted and prescribed in state law and regulation.
N. 
Upon the municipality’s request the company shall file, within 15 days, with the municipality a copy of all technical, operational and financial reports the company is required to, or voluntarily submits to the FCC, PSC and/or other governmental entities that concern the company’s operation of the cable communications system in the municipality. Any information provided under this section shall be treated as confidential by municipality.
O. 
The company’s local system manager shall, upon request of the municipality, meet in public session with the municipality to respond to inquires of the municipality and subscribers as to aspects of the company’s service. Topics which may be discussed at any performance evaluation session may include, but not limited to, system performance, compliance with this franchise and applicable law, customer service and complaint response, subscriber privacy, service rate structures, franchise fees, penalties, free and discounted services, applications of new technologies and judicial and FCC filings. Each performance evaluation session shall be deemed to have been closed as of the date the municipality issues a final report on its findings, and the municipality shall provide the company with a copy of the final report as soon as it is available.
P. 
Upon the municipality’s request, the franchisee shall file with the municipality updated maps of the municipality clearly displaying the configuration of the cable communication system serving the municipality. All information provided under this section shall be treated as confidential.
[1]
Editor's Note: Former § A231-14, Charges, was repealed 5-5-1986 by L.L. No. 3-1986.

§ A213-14.1 Use of existing poles and location of underground facilities.

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
The company hereby agrees that when and wherever it deems it economical and reasonably feasible, it shall enter into agreements with telephone or electric or other utilities (collective utilities) for the use of said utilities’ poles or conduit space whereby said utilities shall provide use of and access to said poles or conduit space by the company of the company’s lines and other equipment. Notwithstanding the above, where necessary to service subscribers and where attachment to the pole(s) or conduit space of utilities is not economically reasonable or otherwise feasible, the company may erect or authorize or permit others to erect any poles or conduit space or any other facilities within the streets of the municipality pursuant to the issuance by the municipality of any necessary authorizations to do so.
B. 
Subject to the provisions of Subsection C below, in such areas of the municipality where it or any subdivision thereof shall hereafter duly require that all utility lines be installed underground, the company shall install its lines underground in accordance with such requirement.
C. 
Notwithstanding the foregoing, if the company shall in any instance be unable to install or locate its wires underground, then the municipality, on being apprised of the facts thereof, shall permit such wires to be installed above the ground even though other facilities in the area may be placed, or required to be placed, underground. However, any such permission shall be on such conditions as the municipality may reasonably require.

§ A213-14.2 Relocation of property.

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
Whenever the municipality or a public utility franchised or operating within the municipality shall require the relocation or reinstallation of any property of the company in or on any of the streets of the municipality as a result of the relocation or other improvements of any such streets, it shall be the obligation of the company, on written notice of such requirement, to remove and relocate or reinstall such property as may be reasonably necessary to meet the requirements of the municipality or the public utility. In the event a public utility is compensated for such relocation or reinstallation, then in such case the company shall be similarly compensated.
B. 
The company shall, on request of a person holding a building or moving permit issued by the municipality, temporarily raise or lower its wires or other property or relocate the same temporarily so as to permit the moving or erection of buildings. The expenses of any such temporary removal, raising or lowering of wires or other property shall be paid in advance to the company by the person requesting the same. The company shall be given in such cases not fewer than five working days’ prior written notice in order to arrange for the changes required.

§ A213-14.3 Use and installation.

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
The company or any person authorized by the company to erect, construct or maintain any of the property of the company used in the transmission or reception of cable television service shall at all times employ due care under the facts and circumstances and shall maintain and install said property of the company in accordance with commonly accepted methods and principles in the cable television industry so as to prevent failures and accidents likely to cause damage or injury to members of the public. All cable television system equipment shall conform to those standards of the National Electrical Code and the National Board of Fire Underwriters which exist at the time said equipment is installed or replaced. The company agrees to install cable television system equipment in a manner to reasonably minimize interference to be expected with the usual use of the streets and in no event shall any such cable television system equipment be located so as to substantially and regularly interfere with the usual public travel on any street or sidewalk of the municipality. All work involved in the construction, installation, maintenance, operation and repair of the cable television system shall be performed in a safe, thorough and reliable manner, and all materials and equipment shall be of good and durable quality. In the event that any municipal property is damaged or destroyed in the course of operations by the company, such property shall be repaired by company within 30 days and restored to the same condition as previously found to the extent such conditions can be reasonably duplicated.
B. 
Whenever the company shall cause or any person on its behalf shall cause any injury or damage to public property or street by or because of the installation, maintenance or operation of the cable television system equipment, such injury or damage shall be remedied as soon as reasonably possible after the earlier of notice to the company from the municipality or after the company becomes aware of the same in such fashion as to restore the property or street to substantially its former condition. The company is hereby granted the authority to trim trees upon and overhanging the streets of, and abutting private property, (i.e., in the public way) in the municipality to the extent it reasonably deems necessary so as to prevent the branches or growths from coming in contact with the wires, cables and other equipment of the company’s cable television system.
C. 
All structures and all lines, equipment and connections, in, over, under and upon streets, sidewalks, alleys and public ways and places of the municipality, wherever situate or located, shall at all times be kept and maintained in a safe condition and in good order and repair.
D. 
In exercising rights pursuant hereto, the company shall not endanger or unreasonably interfere with the lives or persons, interfere with any installations of the municipality, any public utility serving the municipality or any other person permitted to use the streets and public grounds, nor unnecessarily hinder or obstruct the free use of the streets and public grounds.
E. 
The Town shall not be held liable for any disturbances of the company’s installations resulting from the altering, repairing, or installation of streets, roads, alleys, sewers, waterlines, fire alarm systems, burglar systems, sidewalks, driveways, bridges, or any other municipal installations, unless caused by the negligence of the Town, its officers, agents or employees. Should any installation of the company be found by the Town to be hazardous to the public safety, said installation shall be brought into conformance by the company at its expense.

§ A213-14.4 Removal and abandonment of property.

[Added 12-8-2003 by L.L. No. 12-2003]
If the use of any part of the company’s cable television system occupying the streets of the municipality is discontinued for any reason (other than for reasons beyond the company’s reasonable control) for a continuous and uninterrupted period of 12 months, the company shall, on being given 60 days’ prior written notice thereafter by the municipality, provided no such notice is sent without prior vote of the Board or Town Board directing the forwarding of said notification, remove that portion of its cable television system from the streets of the municipality which has both remained unused and which the municipality for good cause shown and articulated in said notice deems necessary to remove to protect the public health and safety. The cost and expense of said removal shall be borne by the company, and said streets shall be placed in as nearly as good condition as immediately before the removal as is reasonable. In the event the company shall fail to timely remove said unused portion of said system and after an additional 30 days’ written notice from the municipality to the company, the said portion of the system shall be deemed abandoned and the municipality may remove or cause to move said portions of the cable television system from the streets of the municipality which it deems necessary in order to protect the public health and safety. It is understood that the cost of any such removal shall be borne by the company. The company will not abandon the system without the express written consent of the municipality.

§ A213-15 Assignments or transfers.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
Excepting conveyances of real and personal property in the ordinary course of business, neither the franchise granted herein, nor any rights or obligations of Time Warner Cable hereunder shall be assigned, sold or transferred, in any manner, in whole or in part, to any person, by operations of law or otherwise without the prior written consent of the municipality which will not be unreasonably withheld or delayed.
B. 
The company shall notify the municipality in writing of any proposed transfer or assignment prior to the anticipated effective date thereof.
C. 
The municipality shall have 90 days from the receipt of such written notification to consider said proposal.
D. 
The municipality’s consent shall be deemed to be given if the municipality does not act on the request within said ninety-day period.
E. 
The company may assign or transfer this franchise to a parent corporation, a subsidiary of a parent corporation or subsidiary of the company or any other entity under common control with the company without the prior approval of the municipality.
F. 
Before an assignment or transfer is approved by the municipality, the proposed assignee or transferee shall execute an affidavit, acknowledging that it has read, understood, and intends to abide by the currently applicable franchise.
G. 
An assignment or transfer shall not relieve the former company of its liabilities under the franchise agreement until the assignment actually takes place, or unless specifically relieved by applicable federal law or the PSC, or unless specifically relieved by the franchising authority at the time an assignment or transfer is approved. In the event that the municipality refuses to grant the aforementioned petition, it shall set forth specific reasons for its decision in writing by municipal resolution. Either the buyer or seller or both may appeal to courts of competent jurisdiction in the event of the municipality’s denial or an unreasonable delay in deciding.

§ A213-16 Town rights.

A. 
Town rules. The Town shall have the right to adopt, in addition to the provisions contained in this franchise and existing applicable ordinances, such additional regulations as it shall find necessary from time to time in the exercise of its police power; provided, however, that such regulations are not in conflict with the privileges granted in this franchise or any applicable regulations of the FCC or the Commission. However, any substantive change in any of the rights or obligations of the company shall not be effective until the company has had an opportunity to be heard thereon and afforded due process of law with respect to any additional, amended or changed regulation.
[Amended 5-5-1986 by L.L. No. 3-1987]
B. 
Use of system by the Town. The Town shall have the right, during the life of this permit and franchise, free of charge, where aerial construction exists, of maintaining upon the poles of the company within the Town limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be constructed and maintained to the satisfaction of the company and in accordance with its specifications.
(1) 
Compliance with company rules. The Town in its use and maintenance of such wires and fixtures shall at all times comply with the rules and regulations of the company so that there may be minimum danger of contact or conflict between the wires and fixtures of the company and the wires and fixtures used by the Town.
(2) 
Liability. The Town shall be solely responsible for all damages to persons or property arising out of the construction or maintenance of said wires and fixtures authorized by this section and shall save the company harmless from all claims and demands whatsoever arising out of the attachment, maintenance, change or removal of said wires and fixtures on the poles of the company. In case of rearrangement of the company plant or removal of poles or fixtures, the Town shall save the company harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures.
(3) 
Supervision and inspection. The Town shall have the right to inspect all construction and installations to ensure compliance with governing ordinances.
(4) 
Procedures after termination or revocation. Upon the revocation of this permit and franchise by the Town Board, or at the end of the term of this permit and franchise, the Town shall have the right to determine whether the company shall continue to operate and maintain its distribution system pending the decision of the Town as to the future maintenance and operation of such system.
C. 
The work done in connection with the construction, reconstruction, maintenance, service or repair of said CATV system shall be subject to and governed by all laws, rules and regulations of the Town now in force or that may be hereafter passed and adopted for the government and regulation thereof which are not inconsistent herewith.
[Added 5-5-1986 by L.L. No. 3-1986]
D. 
Further, the construction, maintenance and operation of the CATV system and all property of the company subject to this franchise shall be subject to all lawful police powers and regulations adopted or promulgated by the Town of Clifton Park. The Town shall have the power at any time to order and require the company to remove and abate any pole, tower, wire, cable, electric conductor or other structure or facility which is dangerous to life or property upon reasonable demonstration thereof and giving of appropriate written notice, and, in the event that the company, after written notice, fails or refuses to act, the Town shall have the power to remove or abate the same at the expense of the company, all without compensation or liability for damages to the company.
[Added 5-5-1986 by L.L. No. 3-1986]

§ A213-17 Franchise fees.

[Amended 5-5-1986 by L.L. No. 3-1986; 2-12-1987 by L.L. No. 1-1987; 12-8-2003 by L.L. No. 12-2003]
A. 
The company shall pay to the municipality on a quarterly basis throughout the term of this franchise a sum equal to 4.051% of gross revenues, as defined herein and adjusted herein below. Franchise fees provided shall be paid within 30 days after the end of each calendar quarter. All fees shall be accompanied by a revenue summary statement providing sufficient detail to independently verify the accuracy of the information set forth therein to the company's internal and/or audited financial statements in such form as the municipality shall reasonably approve. This report shall be executed by the Vice President, Finance, of the company or other authorized person. There shall be applied as a credit against the franchise fee the aggregate of any taxes, fees or assessments of general applicability imposed on the company or any subscribers, or both, which are discriminatory against the company or any subscribers, any noncapital expenses incurred by the company in support of the PEG access requirements of this franchise and not passed through to the subscribers hereunder and any fees or assessments payable to the PSC which, when combined with all other fees and credits, would exceed 5%.
B. 
No acceptance of any payment shall be construed as an accord that such payment is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the Town may have for further or additional sums payable based upon the provisions of this franchise renewal agreement.
C. 
In the event an audit concludes the company’s payment hereunder was underpaid by an amount greater than 5% of the proper payment then the company shall reimburse the Town for the cost of the audit, in addition to any other remedies available to the Town. The Town may collect interest from the company on the underpayment at a rate equal to the prime rate, plus 5%. If the company disputes such finding, there shall be no imposition of interest while resolution of such disputes is attempted, or during the time the company is challenging the Town’s findings in any court of competent jurisdiction, unless the findings of the Town are upheld.

§ A213-18 Inspection of records.

The Town shall have the right to inspect all pertinent books, records, maps, plans, financial statements and other like materials of the company upon reasonable notice and during normal business hours.

§ A213-19 Public, educational, government access (PEG). [1]

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
The company shall provide PEG access channels in accordance with Section 595.4 of the PSC rules.
B. 
If, at any point during the term of this agreement, the Town Board formally approves an expenditure by the municipality of funds for the purpose of purchasing all necessary cameras, modulators, signal transmission and other equipment that would allow the municipality to originate and cablecast programming on the system live from Town Hall, and the municipality does in fact purchase such equipment for this purpose, the company shall commit to construct a reverse feed line from the company’s system into the Town Hall located at One Town Hall Plaza. Such construction shall be completed within a reasonable amount of time (considering such factors as availability of materials an seasonal conditions) following the Town’s purchase of equipment and a request by the Town of the company to commence construction.
[1]
Editor’s Note: Former § A213-19, Rates for service, was repealed 5-5-1986 by L.L. No. 3-1986.

§ A213-20 Rates for service. [1]

A. 
No rates or charges shall be regulated by or for the municipality contrary to or inconsistent with applicable federal statutes or the rules and regulations of the FCC, including, without limitation, rates or charges concerning cable television service.
B. 
The company shall not illegally discriminate against individuals in the establishment and application of rates and charges for video programming or other communication services available to generally all subscribers. This provision is not intended to and shall not prohibit:
(1) 
Sales, promotions or other discounts which the company deems necessary or desirable to market its video programming and other services;
(2) 
The company from providing any of its services (and at such rates) as it shall deem necessary or desirable to any or all subscribers where cable television service or any similar service is offered or provided in competition with the company’s services; or
(3) 
The company from discounting rates to persons who subscribe to any services on a reasonable basis or discounting rates to persons who subscribe to any services that are provided on a bulk billed basis.
[1]
Editor’s Note: Former § A213-20, Rate increases, was repealed 5-5-1986 by L.L. No. 3-1986.

§ A213-21 Term of franchise and rights arising hereunder.

[Amended 5-5-1986 by L.L. No. 3-1986; 3-12-1991 by L.L. No. 6-1991; 4-6-1998 by L.L. No. 2-1998; 12-8-2003 by L.L. No. 12-2003]
The franchise herein granted and the rights arising hereunder are for a term commencing on October 20, 2003, and expiring 10 years there from.

§ A213-22 Construction; service area; line extensions.

[Amended 9-21-1987 by L.L. No. 9-1987; 2-8-1988; 12-8-2003 by L.L. No. 12-2003]
A. 
Where, in any place within the municipality, all of the electric and telephone utilities shall be located underground, it shall be the obligation of the company to locate or to cause its property to be located underground within such places. The company shall have an affirmative obligation to relocate aerial lines underground at the same time as electric and telephone utilities are so required. If the company shall in any instance be unable to locate or relocate any part of its property underground, then the Supervisor of the municipality, on being apprised of the facts thereof, shall permit such property to remain aboveground even though other facilities in the area may be placed underground. However, any such permission shall be on such conditions as the Supervisor of the municipality may reasonably require to protect the public health and safety.
B. 
In any area having fewer than 20 residential dwelling units per mile. the company shall have the right to extend service thereto, and it shall be entitled to and shall receive from each subscriber therein, as a condition precedent to its obligation to commence construction, a contribution in aid of construction in such amount as shall be determined by application of the PSC formula provided for in Part 595.5(b)(2) of the rules and regulations on cable television. The company shall provide cable service throughout the territorial and jurisdictional limits of the municipality upon the lawful request of any and all persons who are owners or tenants of residential real property within the territorial and jurisdictional limits of the municipality within a reasonable time thereafter. The company shall not unlawfully discriminate against any such person as to the availability, maintenance, and pricing of such cable services.

§ A213-23 Service to public facilities; maintenance of records.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
At the written request of the municipality, the company shall provide a single outlet of basic with standard service(s) without charge to each school, public library, firehouse, and municipally owned building which is occupied for governmental purposes, or as may be reasonably requested by the municipality. The point chosen by the company for connection of such wire to the institution shall be no further than 200 feet from the closest feeder line on the cable television system. Additional cable distribution at these locations shall be at cost and the responsibility of the municipality or school.
B. 
Consistent with Section 596.8 of the PSC rules, the company shall maintain the following records:
(1) 
A record of all service orders received regarding subscriber complaints including the date and time received, nature of complaint, date and time resolved, and action taken to resolve.
(2) 
A log showing the date, approximate time and duration, type and probable cause of all cable system outages, whole or partial, due to causes other than routine testing or maintenance.
C. 
The municipality reserves the right to inspect any and all records the company is required to maintain pursuant to this franchise upon reasonable notice and during normal business hours. The company shall promptly make such materials available at its local business office.

§ A213-23.1 Service extension policy.

[Added 5-5-1986 by L.L. No. 3-1986; amended 2-12-1987 by L.L. No. 1-1987]
A. 
It is the express policy of the Town of Clifton Park that CATV shall be provided to every person of the Town of Clifton Park who desires such service. In furtherance of this general purpose, the company shall extend service to all roads located within the Town which contain 10 homes per mile in accordance with the standard line extension policy of the company and in accordance with Subsection B of this section. Attached hereto as Schedule A is a list of the roads in the Town which are presently not offered CATV service and a projection of the cost to service those roads which have a density of approximately 10 homes per linear mile. Attached to Schedule B is a time schedule of the extension of such CATV service.[1] The extension of CATV service to the areas listed on Schedule A in accordance with the time schedule provided for in Schedule B is a material part of this franchise, and failure to extend such CATV service in accordance with the schedule shall be considered a material breach of the franchise which would, at the discretion of the Town Board and upon due notice to the company and the reasonable demonstration of noncompliance on the part of the company at a public hearing scheduled for such purpose, warrant the immediate termination of this franchise.
[1]
Editor's Note: This schedule is on file in the Town Clerk's office.
B. 
The Town of Clifton Park, in furtherance of its general purpose of extending CATV service to all residents of the Town, has specifically provided in this franchise renewal for the extension of such service to all roads and streets contained within the Town which have a density equal to 10 households per linear mile or greater. The Town of Clifton Park agrees to pay for the cost of such extension in accordance with the standard line extension policy of the company. A copy of the line extension policy is annexed hereto as Schedule C.[2]
[2]
Editor's Note: This schedule is on file in the Town Clerk's office.
C. 
As CATV Service is extended to the roads and streets which are presently without service, the company shall notify the Town of Clifton Park with a completion of such line extension of that road or street and the Town shall be obligated to pay in accordance with the standard line extension formula, the portion of the cost of said line extension as provided for by the formula, out of the two-percent additional increase in the franchise fee provided for in this franchise renewal. The two percent additional increase in franchise fee shall be passed through to subscribers and appear as a separately stated charge on subscribers' statements. It is understood that the timing of the line extension provided for in Schedule B shall be adjusted in an appropriate fashion so that the Town of Clifton Park is able to pay for such line extension out of the additional two-percent franchise fee provided for in this franchise renewal. In this regard, in the event that any line extension provided for in Schedule B is not performed in accordance with the time schedule as set forth on Schedule B, due to the request of the Town of Clifton Park, such failure to extend service shall not be a default by the company of the terms of this franchise renewal.
D. 
The Town may, at its option, provide for additional extensions of CATV service to other areas of the Town by the company, by resolution, local law or otherwise, during the term of this franchise, with the same arrangement for the payment of such extension pursuant to the standard line extension policy by the Town of Clifton Park.
E. 
In the event that the funding program for the extension of cable television service as provided in this section is for any reason held invalid or unconstitutional by any court or regulatory agency of competent jurisdiction, the company shall be relieved of any obligation or requirement to extend CATV service to those areas where there are 10 homes or less per linear mile.
F. 
The extension of services provided for above shall be made by the company, with no additional charge to the subscribers located in such areas for installation, other than as provided for above. In addition to the monthly charge proposed by the company for such CATV service, the company, for a period of five years after service is extended to a road or street, shall have the right to charge each subscriber on the road or street an additional monthly charge, in accordance with the attached Schedule B, which will be for providing such service. (The additional monthly charge will be based on the number of subscribers per linear mile for that road or street as shown on Schedule D.[3]) Five years after CATV service is provided to a street or road, the company's right to charge this additional monthly fee shall automatically terminate. It is further provided that all subscribers who have previously paid for line extensions in accordance with the line extension formula of the company will be entitled to the same benefits afforded to the residents of roads who receive CATV service pursuant to this line extension policy and, specifically, will be entitled to a reduction in their monthly service charge to the basic rate five years after the adoption of this local law. The company shall furnish progress reports to the Town Board every 90 days commencing July 1, 1986, indicating whether it is complying with the CATV service extension construction schedule attached to Schedule B.
[3]
Editor's Note: Schedule D is on file in the Town Clerk's office.

§ A213-24 Effect of state or federal rules.

The company will conform to all federal and state laws and regulations, and any modification of federal or state franchise standards shall, to the extent applicable, be considered as part of the franchise as of the effective date of the amendment and shall be incorporated in the franchise by specific amendments thereto by action of the Town Board within one year from the effective date of the amendment or at the time of renewal of the franchise, whichever occurs first.

§ A213-25 Prohibited activities.

The company shall not allow its cable and other operations to interfere with television reception or persons not served by the company, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents of the Town. Neither the company, its subsidiaries nor its employees shall engage in the business of selling, renting or leasing television or other receivers which make use of signals transmitted by its system, nor shall the company or its subsidiaries or employees engage in the servicing of receivers owned or leased by its subscribers or the sale of parts for the same.

§ A213-26 Free drops.

[Amended 5-5-1986 by L.L. No. 3-1986]
A. 
The company will furnish one free drop to each municipal building, provided that it is so authorized by the Town, and it will also furnish one free drop, upon request, to all public schools, public fire houses, police stations, rescue squads, public works facilities, libraries, hospitals, nonprofit day-care centers and the Community Center and all other educational, charitable and governmental facilities now existing or to be built in the Town during the term of the franchise. There shall be no monthly service charge for said service and no charge for normal installation. However, installation requiring extra equipment and personnel will be charged on a cost-plus-fifteen-percent basis. It shall be necessary, however, for the company to demonstrate to the satisfaction of the Town Board that extra equipment and personnel were necessary to effect the installation, in order to charge for the installation of such service.
B. 
The company shall furnish a progress report to the Town Board on or before July 15, 1986, indicating whether the free drops have been completed in accordance with this section.
C. 
Nothing contained herein shall limit or restrict the obligations of the company provided for in Subsection A of this section of the franchise contained in the franchise.

§ A213-27 Censorship prohibited.

A. 
The Town shall not prohibit or limit any program or class or type of program or impose discriminatory or preferential franchise fees in any manner that would tend to encourage or discourage programming of any particular nature, directly or indirectly.
B. 
The company shall not prohibit or limit any program or class or type of program presented over a leased channel or any channel made available for public access or educational purposes.

§ A213-28 Disclaimer of programming liability.

Neither the company nor its officers, directors or employees shall be liable for damages arising from any obscene or defamatory statements or actions or invasion of privacy occurring during any program transmitted by the company which is not originated or produced by the company.

§ A213-29 Severability; governing law; administration; police powers; request for authorization; nondiscrimination.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
Severability.
(1) 
If any section, subsection, sentence, clause, paragraph or portion of this franchise (as well as any law or regulation applicable or purported to be applicable to this franchise) is for any reason held to be invalid, void, unenforceable, illegal or unconstitutional by any agency or court of competent jurisdiction, such law, regulation or provision of this franchise shall be deemed separate and distinct and shall have no affect on the validity of the remaining portions hereof.
(2) 
With the exception of material provisions as defined in this section, should any other provision of this franchise be held invalid by a court of competent jurisdiction or rendered a nullity by federal or state legislative or regulatory action, the remaining provisions of this franchise shall remain in full force and effect.
(3) 
For the purpose of this section, material provisions include but are not limited to be those establishing the municipality’s right to:
(a) 
Collect from the franchisee the franchise fee as calculated under this agreement;
(b) 
Require that the franchisee maintain or improve the system contemplated by this agreement;
(c) 
Require public educational and government access to the cable system; and
(d) 
Establish reasonable consumer protection services.
B. 
Governing law.
(1) 
To the extent not inconsistent with or contrary to applicable federal law, the terms of this franchise shall be governed and construed in accordance with the laws of the State of New York. The parties hereby acknowledge and agree that any provisions of this franchise or any existing or future state or local laws or rules that are inconsistent with or contrary to any applicable federal law, including the Cable Act, as the same may be amended, are and shall be prohibited, preempted and/or superseded to the extent of any inconsistency or conflict with any applicable federal laws.
(2) 
All terms and conditions of the franchise are subject to federal and state law.
C. 
All terms and conditions of the franchise are subject to the approval of the PSC.
D. 
The Supervisor, or a designated municipality official, will be responsible for the continuing administration of the rights and interests of the municipality in the franchise and such person will be the addressee for all communications of the company with the municipality unless the company is otherwise directed. The municipality shall notify the company in a timely fashion as to who is administering the rights and interests of the municipality if other than the Supervisor, and that person’s or agency’s address. It is the municipality’s responsibility to notify the company of any change in the designated person.
E. 
Expressly reserved to the municipality is the right to adopt, in addition to the provisions of this franchise and existing laws, ordinances, and regulations, such additional laws and regulations as it may find necessary in the exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted in the franchise.
F. 
The company shall file requests for all necessary operating authorizations with the PSC and the FCC within 60 days of the effective date of this franchise.
G. 
The company shall not refuse to hire or employ and shall neither bar nor discharge from employment, and shall not discriminate against any person in compensation, terms, or conditions of employment because of age, race, creed, color, national origin or sex.
H. 
Upon reasonable notice and during normal business hours, the municipality shall have the right to inspect all pertinent books, records, maps, plans, financial statements, and other like materials of the company which relate to the company’s compliance with this franchise or applicable state or federal law; provided, however, that none of the municipality, its officers, employees, executives, elected officials, agents nor any other person shall have any right to inspect or review “personally identifiable information” of or concerning any subscribers, as that term is now or hereafter defined pursuant to Section 631 of the Communications Act. In the event of the improper collection or disclosure of personally identifiable information under either the Communications Act or other applicable laws by the municipality or any of its employees or agents, and notwithstanding any other provision to the contrary in this franchise, the municipality shall be fully liable for any and all damages, costs, and expenses arising out of such improper collection or disclosure and shall reimburse, indemnify and hold harmless the company therefrom.

§ A213-30 Administration.

[Amended 5-5-1986 by L.L. No. 3-1986]
The Town Board of the Town of Clifton Park shall be responsible for the continuing administration of the franchise and shall have responsibility for implementation of a complaint procedure, as the Town Board sees fit to so provide.

§ A213-31 Payment for services; subscribers’ services; additional services.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
Payment for cable television service rendered to subscribers is due and payable in advance. A late charge, as determined by the company, shall be applied to delinquent accounts.
B. 
Payment for equipment provided by the company to subscribers and the installation, repairs and removal thereof shall be paid in accordance with the company’s standard and customary practices and applicable rules and regulations of the FCC.
C. 
The company shall have the right to disconnect delinquent subscribers and charge such subscribers therefor a disconnection charge as determined by the company, where:
(1) 
At least five days have elapsed after written notice of discontinuance has been served personally upon a subscriber; or
(2) 
At least eight days have elapsed after mailing to the subscriber written notice of discontinuance addressed to such person at the premises where the service is rendered.
D. 
Notice of the company procedures for reporting and resolving billing disputes and the company’s policy and the subscribers rights in regard to “personally identifiable information,” as that term is defined in Section 631 of the Communications Act, will be given to each subscriber at the time of such person’s initial subscription to the cable television system services and thereafter to all subscribers as required by federal or state law.
E. 
The company shall offer to, and shall notify in writing, the subscribers of the availability of locking program control devices which enable the subscriber to limit reception of obscene or indecent programming in the subscriber’s residence. Any subscriber requesting such device shall pay the company in full upon the receipt of the same the charge imposed by the company therefore. The notice provided by the company shall be given to new subscribers at the time of installation and thereafter to all subscribers as required by the federal or state law.
F. 
The company shall give credit for cable television system outages of four hours or more in accordance with PSC rules.
G. 
In accordance with the applicable requirements of federal and state laws, the company shall provide written notice of any increases in rates or charges for any cable television service.
H. 
It is agreed that all cable television service offered to any subscribers under this franchise shall be conditioned upon the company having legal access to any such subscribers’ dwelling units or other units wherein such service is to be provided.
I. 
The company shall comply with service standards set forth in Sections 590.60 of the PSC.

§ A213-32 Requests for authorization.

[Amended 12-8-2003 by L.L. No. 12-2003]
The company shall file petitions for certificates of confirmation with the New York State Commission on Cable Television and the Federal Communications Commission within 60 days from the date this franchise is awarded. Copies of all petitions and applications submitted by the company to the FCC or the Public Service Commission shall simultaneously be submitted to the Town Clerk.

§ A213-33 Revocation.

[Amended 12-8-2003 by L.L. No. 12-2003]
A. 
The municipality may revoke this franchise and all rights of the company hereunder in any of the following events or for any of the following reasons:
(1) 
The company fails after 45 days’ written notice from the municipality to substantially comply or to take reasonable steps to comply with a material provision or material provisions of this franchise. Notwithstanding the above, should the company comply or take said reasonable steps to comply with said forty-five-day notice, the right to revoke this franchise shall immediately be extinguished; or
(2) 
The company is adjudged as bankrupt; or
(3) 
The company attempts or does practice a material fraud or deceit in its securing of this franchise or in the conduct of its obligations under this franchise.
B. 
Notwithstanding the above, no revocation shall be effective unless and until the municipality shall have adopted an ordinance or resolution setting forth the cause and reason for the revocation and the effective date thereof, which ordinance or local law shall not be adopted until the expiration of 60 days from the date of delivery of written notice to the company specifying the reasons for revocation and an opportunity for the company to be fully and fairly heard on the proposed adoption of such proposed ordinance or local law. If the revocation as proposed therein depends on a finding of fact, such finding of fact shall be made by the municipality only after an administrative hearing providing the company with a full and fair opportunity to be heard, including, without limitation, the right to introduce evidence, the right to the production of evidence, and to question witnesses. A transcript shall be made of such hearing. The company shall have the right to appeal any such administrative decision to a state court or a federal district court as the company may choose, and the revocation shall not become effective until any such appeal has become final or the time for taking such appeal shall have expired.
C. 
In no event, and notwithstanding any contrary provision of this section or elsewhere in this franchise, shall this franchise be subject to revocation or termination, or the company be liable for noncompliance with or delay in the performance of any obligation hereunder, where its failure to cure or to take reasonable steps to cure is due to acts of God or other events beyond the control of the company. The company shall be excused from its obligations herein during the course of any such events or conditions, provided that such obligations shall be completed as soon as or if practicable after the cessation of the delaying event. The time specified for performance of the company's obligations hereunder shall automatically extend for a period of time equal to the period of the existence of any such events or conditions and such reasonable time thereafter as shall have been necessitated by any such events or conditions, provided that such obligations shall be completed as soon as or if practicable after the cessation of the delaying event.
D. 
Nothing contained in this franchise is intended to or shall confer any rights or remedies on any third parties to enforce the terms of this franchise.

§ A213-34 Severability.

A. 
If any section, subsection, clause, sentence, phrase or portion of this local law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
B. 
If any provision of this local law is deemed to be invalid or unenforceable, by final court order, then this franchise renewal shall be interpreted with only such unenforceable or invalid provision deleted, and all other terms and conditions of this franchise renewal shall remain in full force and effect. Notwithstanding the above, the provisions of § A213-33 of the franchise shall continue to remain in full force and effect.
[Added 5-5-1986 by L.L. No. 3-1986]

§ A213-35 Nonenforcement; company obligation to comply.

The company shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the Town to enforce prompt compliance.

§ A213-36 Repeal of conflicting provisions.

All regulations, or parts thereof, in conflict with the provisions of this regulation are hereby repealed.

§ A213-37 Integration.

[Added 12-8-2003 by L.L. No. 12-2003]
A. 
This franchise supersedes all prior negotiations between the parties hereto and shall be binding upon and inure to the benefit of the parties hereto and each of their respective successors and permitted assigns. This franchise may be amended (except as otherwise expressly provided for herein) only by an agreement in writing signed by duly authorized persons on behalf of both parties. To the extent required by state law, amendments hereto shall be confirmed or approved by the PSC. Changes in rates charged or cable television services rendered by the company shall not be deemed an amendment to this franchise.
B. 
This franchise may be executed in one or more counterparts, all of which taken together shall be deemed one original.
C. 
The headings of the various sections of this franchise are for convenience only, and shall not control or affect the meaning or construction of any of the provisions of this franchise.
D. 
The rights and remedies of the parties pursuant to this franchise are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the parties may have with respect to the subject matter of the franchise.