[HISTORY: Adopted by the Town of Topsham as Ch. 6, Art. I of the
Topsham Code, as amended through 1990. Subsequent amendments noted where applicable.]
The purpose of this chapter is to regulate the establishment and operation
of a community antenna television system in the Town of Topsham for the safety,
convenience and general welfare of the public.
This chapter may be cited as the "CATV Ordinance."
A person may not establish or operate a community antenna television
system without obtaining a franchise from the municipal officers.
A.Â
Application. In order to obtain a franchise to establish
or operate a community antenna television system, a person must first complete
an application form furnished by the municipal officers. In addition to that
required by the form, the applicant shall furnish the municipal officers at
any time with any other information which they deem pertinent.
B.Â
Fee. When the application is filed with the municipal
officers, the applicant shall pay a fee of twenty-five dollars ($25.) which
is not returnable.
C.Â
Notice and hearing.
(1)Â
On receipt of the fee and the application, the municipal
officers shall hold a public hearing for its consideration. Before doing so,
they shall publish a notice in a newspaper having general circulation in the
municipality at least seven (7) days before the hearing advising the name
and address of the applicant, the fact that he has applied for a community
antenna television system franchise and the time and place of the hearing.
(2)Â
At the hearing, the municipal officers may inquire as
to the ability of the applicant to establish and operate a community antenna
television system. They may also permit members of the public to ask pertinent
questions through the Chairman of the municipal officers.
D.Â
Determination. Within thirty (30) days after the hearing,
the municipal officers shall determine whether the applicant is able to establish
and operate a community antenna television system in a satisfactory manner
and shall notify him in writing of their decision.
E.Â
Franchise granted. The municipal officers shall grant
an exclusive franchise to the applicant who is best able to establish and
operate a cable antenna television system, for not more than ten (10) years,
the terms of which must be specifically set forth in a contract between the
applicant and the Town of Topsham. The applicant shall provide the municipality
with a bond in the penal sum of one thousand dollars ($1,000.) conditioned
on his performance of the contract.
As soon as the franchise contract has been executed, the licensee shall
proceed to establish the system and put it into operation, as follows:
A.Â
Federal Communications Commission (FCC) application.
Apply to the Federal Communications Commission for authorization to receive
distant signals.
B.Â
Engineering. After the authorization has been granted,
prepare the necessary engineering surveys, plans and specifications in conformity
with state and local laws.
C.Â
Contracts. After plans and specifications which require
it have been approved by state and local officials, prepare and execute pole
contracts and pole line adaptation contracts to permit alteration of poles
so as to accept the necessary cables.
D.Â
Cable installation. Install the cables in the franchise
area in accordance with a time schedule to be submitted by the licensee and
approved by the municipal officers.
E.Â
Reports. Until the system is in operation in the franchise
area, the licensee shall report his progress to the municipal officers at
least every six (6) months. Should he fail to make all reasonable efforts
to establish the system and put it into operation, the municipal officers
shall, after notice and hearing, cancel the franchise contract. In making
this determination, the municipal officers shall take into consideration those
matters beyond the control of the licensee, including delays caused by any
federal, state or local governmental agency or by any public utility.
The licensee shall install the system in a workmanlike manner using
only those materials and methods of installation which are accepted in the
industry as being safe and suitable to the purpose for which they were designed.
The licensee shall carry all-risk public liability insurance with limits
of one hundred thousand dollars ($100,000.) per person and three hundred thousand
dollars ($300,000.) per occurrence for bodily injury, and one hundred thousand
dollars ($100,000.) property damage. He shall furnish the municipal officers
with, and keep current, a certificate of insurance which indicates compliance
with this section.
The licensee shall not charge more for its service than the amounts
listed in the following schedule:
A.Â
Installation of service per customer at actual cost,
not to exceed eighteen dollars ($18.) unless the length of the drop exceeds
one hundred (100) feet, in which case the customer is liable for the excess
above eighteen dollars ($18.).
B.Â
Service charge per dwelling unit: first outlet, five
dollars ($5.) per month; additional outlets, one dollar ($1.) each per month.
A.Â
The licensee shall provide for reception of the signals
of at least the following local television stations:
|
Channel Number
|
Call Letters
|
Location
| |
|---|---|---|---|
|
6
|
WCSH-TV
|
Portland, Maine
| |
|
8
|
WMTW-TV
|
Poland Springs, Maine
| |
|
10
|
WCBB-TV
|
Augusta, Maine
| |
|
13
|
WGAN-TV
|
Portland, Maine
|
B.Â
He shall also provide for the reception of the signals
of any other television station which may be put in operation within a fifty-mile
radius of the Town of Brunswick.
The licensee shall keep the system in operation whenever any of the
television stations for which it provides reception is telecasting.
The licensee is not required to provide reception of duplicate programs. When more than one (1) television station is telecasting the same program, the licensee shall give preference to the local television stations listed in § 98-8.
After his first year of operation or after three (3) years from the date of his initial franchise contract, whichever is later, the licensee may increase the rates established by § 98-7 by not more than five percent (5%) in each of the remaining years of that contract without a hearing.
The licensee is entitled to a fair return on his investment. If he believes he needs to increase the rates established by § 98-7 more than the amount allowed by § 98-11, he may petition the municipal officers. On receipt of the petition along with a fee of ten dollars ($10.), the municipal officers shall hold a public hearing for its consideration. Before doing so, they shall publish a notice in a newspaper having general circulation in the municipality at least seven (7) days before the hearing, advising that the licensee has filed a petition for a rate increase and the time and place of the hearing. At the hearing, the burden is on the licensee to prove that the current rates do not produce a fair return. Within thirty (30) days after the hearing, the municipal officers shall determine whether the licensee is entitled to a rate increase and the amount of increase allowed. They shall notify the licensee in writing of their decision.
Annually, on April 1, the licensee shall file with the municipal officers
an annual statement, including a balance sheet and a profit and loss statement
as of the end of the licensee's latest fiscal year.
The licensee shall provide free reception to municipal buildings within
his service area. The municipality shall pay for the installation of the service.
A person who violates this chapter shall be punished by a fine of not
more than one hundred dollars ($100.). The municipal officers may enforce
this chapter and any franchise contract by seeking injunctive relief as provided
in 30 M.R.S.A. § 2151, as amended.
