[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976
as Ch. 62 of the 1976 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following terms and words shall
have the meanings given herein:
A community antenna system designed to amplify and distribute television
signals of good quality, in accordance with the regulations of this chapter,
to the Town of Perinton.
Any person who has received a franchise from the town pursuant to
this chapter and § 64, Subdivision 7, of the Town Law of the State
of New York.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The entire installation, including materials of all type and nature
necessary to provide community antenna television to the Town of Perinton.
A system for transmission of audio signals and/or visual images or
any other type of closed circuit transmission and/or signal transmission by
means of electrical impulses.
The Town of Perinton, County of Monroe and State of New York; in
referring to geographic area, it shall include only that area in said town
which is outside of the incorporated Villages of Fairport and East Rochester.
The Town Board of the Town of Perinton.
A.Â
Persons may submit applications in writing and in duplicate
to the Town Board. Said applications shall include the following information,
together with such other information which to the applicant may seem proper
under the circumstances:
(1)Â
The name of the applicant; address of applicant; if the
applicant is a corporation, state of incorporation; if a corporate applicant
is incorporated in a state other than the State of New York, whether the applicant
is licensed to do business in the State of New York; the names and addresses
of officers, shareholders and directors of said corporation; if the applicant
is not a corporation, the names and addresses of all persons owning any interest
of any sort in the applicant, together with the names and addresses of the
managers of the applicant.
(2)Â
A financial statement of the applicant.
(3)Â
A statement as to the technical personnel employed by
the applicant; previous or current experience of the applicant with community
antenna television systems.
(4)Â
A statement of the channels to be furnished; an engineering
description of the type and extent of the system to be installed and the area
to be serviced.
C.Â
Within 60 days following the receipt by the Town Board
of a properly completed application, the Town Board will schedule a public
hearing pursuant to § 64, Subdivision 7, of the Town Law of the
State of New York, notice of which shall be given once in the official paper
not less than 10 days nor more than 20 days prior to the date of the hearing.
A.Â
Following the public hearing the Town Board may approve
the applicant if it is satisfied as to the financial responsibility of the
applicant, its technical ability to provide satisfactory community antenna
television service and such other matters which to the Town Board shall seem
proper under the circumstances. The Town Board may authorize the issuance
of a franchise but, as a condition precedent to the issuance thereof, the
applicant shall enter into a contract with the town which shall contain provisions
relating to the following:
(1)Â
The length of the franchise and provisions for renewal
thereof. Franchises may not exceed a term of 20 years and may be renewable.
(2)Â
Appropriate provisions relating to the supplying of community
antenna television service to any areas where there are no existing easements
for telephone or other public utilities and no poles available.
(3)Â
Rates and payment of a percentage of gross receipts to
the town.
(4)Â
Restrictions on transfer of the franchise, including
the transfer of a majority interest of the stock of any corporate franchise.
(5)Â
Liability insurance in favor of the town.
(6)Â
A bond in favor of the town securing performance of contract
provisions and franchise conditions.
(7)Â
Restrictions on the origination of television programs
by franchise without prior consent of the Town Board.
(8)Â
The number of channels to be made available to the subscribers.
(9)Â
The right of revocation of the franchise for cause upon
notice to the franchisee.
(10)Â
An indemnification agreement holding the town harmless
against all claims, demands, actions, causes of actions, costs, expenses,
loss or damage incurred or served against the town arising directly or indirectly
out of the operation of the community antenna television system by the franchisee.
(11)Â
Such other provisions which to the Town Board may seem
appropriate under the circumstances of each application.
B.Â
The applicant, prior to the issuance of the franchise
and within 12 months of the approval by the town of the application, shall
secure agreements with the Rochester Telephone Corporation, Rochester Gas
and Electric Corporation, Fairport Municipal Commission and Niagara Mohawk
Power Corporation or their successors permitting the applicant to use the
existing poles and structures of such company and such other utility company
poles as may be necessary. The applicant shall submit an executed copy of
each of said contracts to the town, which contracts shall be filed with the
Town Clerk of the town. If the applicant fails to enter into such agreements
within 12 months after the approval of its application, unless the Town Board
shall for good cause shown by the applicant extend this period, then the Town
Board's approval shall lapse.
The installation and maintenance of the system shall be such that no
interference is caused to existing or duly authorized future systems and so
as not to interfere with or distort direct off-the-air television signals
and radio reception or any other electronic equipment presently lawfully used
within the town.
Following the execution of the contract as aforesaid and the granting
of the franchise, the franchisee shall have the authority to charge and collect
the schedule of installation charges and rates contained in this section.
The applicant agrees to pay a franchise fee to the Town of Perinton
as contracted.
The town expressly reserves to itself the power to grant more than one
permit for community antenna television systems within the Town of Perinton,
and nothing herein contained shall be construed to grant to any franchisee
the exclusive right to operate a community antenna television system.
The applicant agrees that all provisions, laws, rules and regulations
promulgated by any agency, division or bureau of government of the United
States of America, the State of New York, the County of Monroe and the Town
of Perinton shall be complied with in the installation, maintenance and operation
of the system.
The Town Board may from time to time amend, supplement, change, modify
or repeal this chapter pursuant to the provisions of the Town Law, the General
Municipal Law and regulations established by the Federal Communications Commission
and the New York Commission on Cable Television applicable thereto.
This chapter shall take effect on the first day of December 1974, and
shall apply to all installations and services after December 1, 1974, provided
that this chapter is published and certified copies thereof are filed as required
by law.
