[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 5, Ch. 2 of the 1991 Code. Amendments noted where applicable.]
It is the purpose of this chapter to delineate the rules, regulations
and requirements for a franchise to construct, maintain and operate a cable
television system in the Town of Cedarburg, Ozaukee County, Wisconsin, and
to set forth the obligations and rights of the Town and grantee accompanying
said grant.
This chapter shall be known and may be cited as the "Town of Cedarburg
Cable TV Ordinance."
A.
ACT
ADDITIONAL SERVICE
BASIC SERVICE
CABLE TELEVISION SYSTEM (CABLE TV SYSTEM or CATV SYSTEM)
FCC
FRANCHISE
GRANTEE
GRANTEE'S AGREEMENT
PERSON
REASONABLE NOTICE
SERVICE AREA
STREET
SUBSCRIBER
TOWN
TOWN BOARD or BOARD
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number, and words
in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Title VI of the Communications Act of 1984, as amended, of the United
States of America and cited as the "Cable Communications Policy Act of 1984."
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or spectrum space
usage, in addition to the regular monthly charge paid by all subscribers.
All subscriber services provided by the grantee, including the delivery
of broadcast signals and programming originated over the cable television
system, covered by the regular monthly charge paid by all subscribers.
Any facility that, in whole or in part, receives directly or indirectly
over the air and amplifies or otherwise modifies the signals transmitting
programs broadcast by one or more television or radio stations and distributes
such signals by wire or cable to subscribing members of the public who pay
for such service, but such term shall not include any such facility that serves
fewer than 50 subscribers or any such facility that serves only the residents
of one or more apartment dwellings under common ownership, control or management
and commercial establishments located on the premises of such an apartment
house.
The Federal Communications Commission and any legally appointed or
elected successor.
The right, privilege and authority granted by this chapter to construct,
maintain and operate a cable television system through use of public streets
and facilities of the Town.
All persons, including but not limited to subsidiaries, parent or
affiliate companies, associations or organizations, having any rights, powers,
privileges, duties, liabilities or obligations under this chapter and under
any agreement with the Town, and also includes all persons having or claiming
any title to or interest in the cable television system, whether by reason
of the franchise itself directly or by interest in a subsidiary, parent or
affiliate company, association or organization or by any subcontract, transfer,
assignment, mortgage security agreement, management agreement or operating
agreement or whether otherwise arising or created.
Any contract or agreement between the Town and a grantee providing
a franchise to such grantee and authorizing the grantee to operate and construct
a cable television system pursuant to the terms of this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The provision of notice of contemplated action delivered at least
48 hours prior to such action, except in cases of emergency and for routine
maintenance of short duration.
The geographical area within the legal limits of the Town.
Include all streets, roadways, highways, avenues, lands, alleys,
courts, places, squares, curbs, sidewalks, easements, rights-of-way or other
public ways in the Town which have been or may hereafter be dedicated and
open to public use or such other public property so designated by law.
Any person, firm, company, corporation or association receiving basic
service from the grantee.
The Town of Cedarburg, Wisconsin, or any duly appointed designate
thereof, including but not limited to the Town Board, Town committees and
authorized agents of the Town.
The present governing body of the Town or any successors to the legislative
power of said body or any duly appointed designate thereof.
B.
Any other word, term or phrase not specifically defined
in this chapter shall take such meaning as provided in any FCC rule or regulation.
A.
The grantee shall construct, operate and maintain the
cable television system subject to the supervision of all authorities of the
Town which have jurisdiction in such matters and in strict compliance with
all laws and ordinances.
B.
Notwithstanding any other provision of this chapter or
the grantee's agreement, the grantee shall at all times comply with all laws
and regulations of the State of Wisconsin and the federal government or any
administrative agency thereof; provided, however, that if any such state or
federal law or regulation shall require the grantee to perform any service
or shall permit the grantee to perform any service in conflict with the terms
of this chapter or of any law or regulation of the Town, then as soon as possible
following knowledge thereof, the grantee shall notify the Town Board of any
conflict believed to exist between such regulation or law and the laws or
ordinances of the Town or this chapter. If the Town Board determines that
a material provision of this chapter is affected by such subsequent action,
the Town Board shall have the right to modify any of the provisions herein
to such reasonable extent as may be necessary to carry out the full intent
and purpose of this chapter.
C.
The grantee shall not be excused from complying with
any of the terms and conditions of this chapter or the grantee's agreement
by any failure of the Town upon any one or more occasions to insist upon or
seek compliance with any such terms or conditions.
D.
The captions to sections throughout this chapter are
intended solely to facilitate reading and reference to the sections and provisions
of this chapter. Such captions shall not affect the meaning or interpretation
of this chapter.
E.
If any provision of this chapter or the application of
such provision to any circumstances is held invalid for any reason whatsoever,
the remainder of this chapter or the application of the provision to other
circumstances shall not be affected thereby.
A.
Applications for a franchise to construct or operate
and any renewal application to operate a cable television system hereunder
shall be filed with the Town Administrator in accordance with the filing instructions
promulgated by the Town and shall contain the following written information
and provisions:
(1)
Each application and renewal submitted after the effective
date of this chapter shall be accompanied by a nonrefundable filing fee to
the Town in the sum as set by the Town Board.
(2)
The name and business address of the applicant, date
of application and signature of applicant or appropriate corporate officers.
(3)
A general description of the applicant's proposed operation,
including but not limited to business hours, operating staff, maintenance
procedures, management and marketing staff complement and procedures, and
place of local business office.
(4)
A statement of the television and radio services to be
provided, including both off-the-air and locally originated signals.
(5)
A statement setting forth a description of the automated
services proposed as well as a description of the production facilities to
be made available by the grantee for the public, municipal and educational
channels required to be made available by any FCC rule or regulations.
(6)
A statement of the applicant's proposed schedule of charges
to subscribers.
(7)
A statement detailing the corporate organization of the
applicant, if any, including the names and addresses of its officers and directors
(or names and addresses of all general partners of a partnership) and the
number of shares of stock held by each officer and director (or percentage
interest of each partner of a partnership).
(8)
A current copy of the corporation's annual report filed
with the Wisconsin Secretary of State and a certificate of good standing from
the Secretary of State certified to within 30 days of the franchise application.
(9)
A statement describing all intra-company relationships
of the applicant, including parent, subsidiary or affiliated companies.
(10)
Suitable written evidence from a recognized financial
institution addressed to the applicant and to the Town advising that the applicant's
financial ability and planned operation have been analyzed by the institution
and that the financial institution is prepared to make the required funds
available to the applicant if it is awarded a franchise under the terms of
this chapter. If the planned operation is to be internally financed, a certified
copy of a corporate board resolution or written statement of all partners
shall be supplied authorizing procurement and expenditure of such funds as
are required to construct, install and operate the cable television system
contemplated hereunder.
(11)
A statement of existing franchises held by the applicant
indicating when the franchises were issued and when the systems were constructed,
and the present state of the systems in each respective governmental unit,
together with the name and address and phone number of a responsible governmental
official knowledgeable of the applicant.
(12)
A statement as to whether the applicant or any of its
officers or directors or holders of 5% or more of its voting stock or partnership
interest, as the case may be, has in the past 10 years been convicted of any
felony.
(13)
A statement detailing the prior cable television experience
of the applicant, including that of the applicant's officers, management and
staff to be associated with the proposed operation.
B.
The application for franchise shall respond specifically
and in sequence to the subsections of this section and shall be bound separately
from any additional information filed by the applicant. Eight copies of the
application shall be supplied to the Town; supplementary, additional or other
information that the applicant deems reasonable for consideration may be submitted
at the same time as its application but must be separately bound and submitted
in the above number of copies. The Town may, at its discretion, consider such
additional information as part of the application.
C.
The Town reserves the right to require such supplementary,
additional or other information that the Town deems reasonably necessary for
its consideration of the application. Such modifications, deletions, additions
or amendments to the application shall be considered only if specifically
requested by the Town.
D.
Any existing grantee, at the time this chapter becomes
effective, must supply all information set forth in this section upon any
renewal application.
A.
Any franchise awarded hereunder and the rights, privileges
and authority granted thereby shall take effect and be in force from and after
the 30th day following the award thereof, provided that within 30 days from
the day of such award the grantee shall file with the Town the following:
B.
The grantee shall have no recourse whatsoever against
the Town for any loss, cost, expense or damage arising out of the provision
or requirement of this chapter or its regulation or from the Town's exercise
of its authority to grant additional franchises hereunder, except as may be
specifically provided the grantee by the Act.
C.
The grantee expressly acknowledges that, in accepting
any franchise awarded hereunder, it has relied upon its own investigation
and understanding of the power and authority to grant this franchise.
D.
The grantee acknowledges by the acceptance of this chapter
and any franchise agreement with the Town that it has carefully read the terms
and conditions of this chapter and it is willing to and does accept all the
obligations of such terms and conditions. The grantee further agrees that
it will not, prior to substantial completion of the cable television system,
set up as against the Town any claim that any provision of this chapter as
adopted, or any franchise granted hereunder, is unreasonable, arbitrary, invalid
or void.
A.
After the expiration of the term for which a franchise
is granted, the Town, in its sole discretion, may determine whether the grantee
shall continue to operate a cable television system pursuant to the terms
and conditions of this chapter. If the grantee intends to apply for a renewal
term, the grantee shall submit an application to the Town not later than 36
months prior to the expiration of the term stated in the grantee's agreement
with the Town.
B.
In addition to all other rights and powers pertaining
to the Town by virtue of this chapter, the grantee's agreement or otherwise,
the Town reserves the right to revoke, terminate and cancel the franchise
and all rights and privileges of the grantee hereunder in the event that:
(1)
The grantee violates any provision of this chapter, any
provision of the grantee's agreement or any rules, orders or determinations
of the Town made pursuant to this chapter, except where such violation is
without fault or through excusable neglect;
(2)
The grantee becomes insolvent, unable or unwilling to
pay its debts, or is adjudged bankrupt;
(3)
There has been a change in the control of the grantee requiring the consent of the Town Board, pursuant to § 113-14 of this chapter, and such consent has been denied or not given;
(4)
The grantee practices any fraud or deceit upon the Town;
or
(5)
The grantee fails to have service available to all the
residential structures in all areas of the Town within a period of two years
from the date of the execution of an agreement between the grantee and the
Town of Cedarburg, at no cost to the subscriber for the system, other than
customary and usual connection fees (provided connection is technically and
physically feasible).
C.
To guarantee compliance with the above provisions, the
grantee shall file with the Town a performance bond, written by a company
licensed to do business in the State of Wisconsin, in the sum of $20,000.
D.
Upon the occurrence of any of the events enumerated in Subsection B of this section, the Town Board may, after hearing upon 30 days' written notice to the grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the grantee must remedy the cause. If during the thirty-day period the cause shall be cured to the satisfaction of the Town, the Town may declare the notice to be null and void. If the grantee fails to remedy the cause within the time specified, the Town may revoke the franchise. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the Town Board. The decision of the Town Board may be subject to judicial review.
E.
If the Town determines not to renew the franchise for
reasons other than a material breach of the franchise or reasons unrelated
to the performance of the grantee or upon receipt of an application for assignment
of the franchise or upon a change of de facto control, the grantee shall first
offer all of the grantee's equipment and property situated within the Town
and used in conjunction with the operation of the cable television system
to the Town at fair market value, which value shall include the fair market
value of the system as a going concern, including the franchise itself and
the rights and privileges granted by the Town. When a franchise is revoked
pursuant to this section or expires and is not renewed because of a material
breach of the franchise, the grantee's said equipment and property within
the Town shall first be offered to the Town at a fair market value, which
value shall not include any value for the franchise itself or for any of the
rights or privileges granted by the Town. If the determination of fair market
value cannot be negotiated or determined, said value shall be determined by
an impartial arbitration procedure pursuant to Ch. 788, Wis. Stats.,
as amended, wherein the grantee and the Town shall each choose an arbitrator
and the arbitrators shall choose a third arbitrator; the valuation determined
by a majority of said arbitrators shall be considered the fair market value
at which the system will be offered to the Town. The cost of the arbitration
procedure shall be shared equally by the grantee and the Town. The Town shall
have 90 days to exercise the right of first refusal to purchase the grantee's
aforementioned property within the Town, said 90 days commencing on the day
the fair market value of the equipment is determined either through negotiation
or the arbitration procedure.
F.
If the Town does not exercise its option to purchase
and the grantee's said property is not sold to a person who has obtained a
franchise from the Town in a reasonable period of time, the grantee, upon
request by the Town, shall, not later than six months from the date of such
Town request, remove all of its equipment from Town streets. If the Town determines
not to exercise its right of first refusal, it shall not unreasonably refuse
to renew or grant the cable television franchise during a reasonable interim
period. While transfer of the system and franchise is being negotiated, arranged
or ordered, the grantee may be required to continue service to the public
and its subscribers unless, for reasons beyond the control of the grantee,
said operation will be economically unfeasible to the grantee.
G.
If, for any reason stated in this chapter, the grantee
is required to remove its plant, structures and equipment from Town streets,
the grantee shall fill at its own expense any excavation that shall be made
by it and shall leave all public streets and places in such condition acceptable
to and approved by the Town. During any period of removal, the grantee shall
be required to maintain the liability insurance required herein and the indemnity
to the Town required herein.
H.
If the grantee fails to complete any work required by Subsection F above or any work required by any other Town law or ordinances within the time established and to the satisfaction of the Town, the Town may cause such work to be done and the grantee shall reimburse the costs thereof within 30 days after receipt of an itemized list of such costs.
I.
Upon the expiration of the grantee's agreement, the Town
may, by resolution, on its own motion or request of the grantee, require the
grantee to operate the franchise for an extended period of time not to exceed
six months from the date of the expiration of the original term of the franchise
or any renewal term. All provisions of this chapter and the grantee's agreement
shall continue to apply to operations during any extension period. The Town
shall serve written notice to the grantee of its intent to extend under this
subsection at least 90 days prior to expiration of the original franchise
or any renewal term.
J.
If, for a period of three continuous years following
the termination of the grantee's franchise, for any reason, the grantee has
failed to remove its equipment from Town streets or the grantee has not sold
said equipment to a subsequent franchise holder or the Town has not exercised
its rights to purchase such equipment, then any such equipment in any Town
street shall be deemed abandoned and title to the same shall revert to the
Town upon affirmative resolution of the Town Board.
The Town Board shall have the right to inspect all construction, maintenance
and installation work performed pursuant to the provisions of this chapter.
A.
The grantee shall maintain its facilities, equipment
and service so that the CATV system is as advanced as the current state of
technology with field-proven equipment allows, consistent with good economic
judgment of the grantee and service requirements of the franchise area. The
grantee shall render efficient service in accordance with such rules and regulations
as have been promulgated and may be promulgated by the FCC and other federal
and state regulatory agencies.
B.
It shall be the right of all residential subscribers,
unless prohibited by law, rule or regulation, to receive all available services
insofar as their financial and other obligations to the grantee are honored.
C.
The grantee shall maintain an office within a ten-mile
radius of the Town in a location convenient to the public which shall be open
during usual business hours, have a listed telephone number and be so operated
that complaints and requests for repairs or adjustments may be received at
any time.
D.
The grantee shall respond to all service calls and complaints
and shall correct malfunctions in its equipment as promptly as possible. The
grantee shall respond to a request for service within 48 hours after its reception
of said request. If the grantee does not respond to a request within said
48 hours, the grantee shall refund 1/30 of its monthly charge to a subscriber
for each 24 hours or fraction thereof following a request for service, except
to the extent that the grantee is prevented from responding to said request
for service by strike, injunction or other causes beyond the control of the
grantee.
E.
The grantee shall provide, without charge, three outlets
to the primary Town municipal building. If more than three outlets are required
in said building or if outlets are requested in any other municipal building
within the Town, the grantee shall install the same at the cost of time and
materials only. In no event will there be a monthly service charge at any
of said locations.
The grantee shall pay the Town a franchise fee of 3% of the grantee's
gross subscriber revenues from the operation of the cable communications system
within the Town limits. Said annual sum shall be paid within 45 days of the
end of the calendar year. Annually, an independent certified public accountant,
to be paid by the grantee, shall audit and certify to the Town the amount
of the grantee's revenue from all cable services for the purpose of certifying
the franchise fee to be paid A copy of all work products of said accountant
shall be furnished to the Town.
A.
At all times during the term of the franchise, the grantee
shall obtain, pay all premiums for and file with the Town Board certificates
of insurance for the following:
(1)
A general comprehensive public liability insurance policy
indemnifying, defending and saving harmless the Town, its officers, boards,
committees, commissions, agents and employees from any and all claims by any
person whatsoever on account of injury to or death of a person or persons
occasioned by the operations of the grantee under the franchise herein granted
or alleged to have been so caused or occurred with a minimum liability of
$500,000 for bodily injury or death of any one person and $1,000,000 for any
one occurrence.
(2)
Property damage insurance with the same indemnifications as previously stated in this Subsection A from and against all claims by any person whatsoever for property damage occasioned by the construction or operation of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $100,000 for property damage in any one occurrence.
B.
All of the foregoing insurance policies shall be in form
satisfactory to the Town Attorney, shall be approved by the Board and shall
be maintained by companies authorized to do business in the State of Wisconsin.
Said insurance contracts shall require 30 days' written notice of any cancellation
to the Town. The amounts of insurance coverage required of the grantee herein
may be reasonably increased not more than once each year during the term of
the franchise on 30 days' written notice from the Town to the grantee and
by amendment of this chapter.
C.
The grantee shall also, at its sole cost and expense,
fully indemnify, defend and hold harmless the Town, its officers, boards,
committees, commissions, employees and agents against any and all claims,
suits, actions, liability and judgments for damages (including but not limited
to expenses for reasonable attorney fees) and disbursements arising out of
any claim for invasion of the right of privacy, for defamation of any person,
firm or corporation or for the violation or infringement of any copyright,
trademark, trade name, service mark or patent or of any other right of any
person, firm or corporation and arising out of the grantee's failure to comply
with the provisions of any federal, state or local statute, ordinance or regulation
applicable to the grantee in this business herein. The foregoing indemnity
is conditioned upon the following: the Town shall give the grantee prompt
notice of the making of any claim or the commencement of any action, suit
or other proceeding covered by the provisions of this section.
The rates charged to subscribers shall be fair and reasonable.
A.
A person who willfully or maliciously damages or causes
to be damaged any wire, cable, conduit, apparatus or equipment of the grantee
or who commits any act with intent to cause damage to any wire, cable, conduit,
apparatus or equipment of the grantee or who taps, tampers with or connects
any wire or device to a wire, cable, conduit or equipment of the grantee with
intent to obtain a signal or impulse therefrom without authorization of the
grantee shall be subject to a forfeiture of not less than $50 or more than
$300 as determined by the court and shall be liable in a civil action for
three times the actual amount of damages sustained thereby. However, this
subsection shall not prevent the Town (or the designated employee and agents
thereof) from removing, disconnecting or otherwise rendering inoperable any
of the grantee's apparatus or equipment attached or in any way connected to
the Town's facilities, if done for reasonable cause.
B.
Whoever, with intent to defraud, obtains or attempts
to obtain a signal or impulse from any wire, cable, conduit, apparatus or
equipment of the grantee by any of the following means shall be subject to
a forfeiture of not less than $50 nor more than $300 as determined by the
court and shall be liable in a civil action for three times the actual amount
of damages sustained thereby:
(1)
Rearranging, tampering with or making connection with
any facilities or equipment of the grantee.
(2)
Using any other contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for the services provided by the grantee's CATV system, except via a disc antenna or other device owned by a property owner for his or her sole use and not for the purpose of distribution. This subsection shall apply when said CATV system service either originates or terminates or both in this state or when the charges for said service would have been billable in normal course by a person providing CATV service in this state, but for the fact that said service was obtained, or attempted to be obtained, by one or more of the means set forth above and in Subsection B(1) above.
A.
Any franchise granted pursuant to this chapter shall
not be assigned or transferred, either in whole or in part, or leased or sublet
in any manner, nor shall title thereto, either legal or equitable, or any
right, interest or property therein, pass to or vest in any person either
by the act of the grantee or by operation of law without the express written
consent of the Town Board. The granting, giving or waiving of any one or more
of such consents shall not render unnecessary any subsequent consent or consents.
B.
The grantee shall promptly notify the Town Board of any proposed change in, or transfer of, or acquisition by, any other party of control of or the business assets of the grantee. Within 60 days after receiving said notice, the Town Board shall hold a public hearing on this matter and within 90 days shall make its recommendations upon the matter. For the purpose of determining whether it will consent to such change, transfer or acquisition of control, the Town Board may inquire into the qualifications of the prospective controlling party and shall require the prospective controlling party to submit all information and documentation as set forth in § 113-5.
C.
Every change, transfer or acquisition of control of the grantee with respect to which the consent of the Town Board is required, pursuant to Subsection A above, shall make this franchise subject to revocation unless and until the Town Board shall have consented thereto. If the Town Board denies consent, and any such change, transfer or acquisition of control has been effected, the Town may revoke any franchise or permit given pursuant to this chapter unless control of the grantee is restored to its status prior to the change or to a status acceptable to the Town Board.
D.
For purposes of this chapter and the preceding subsections,
a change, transfer or acquisition of control shall not be affected where less
than 30% of the shares of stock in the grantee is made within any calendar
year. Changes or transfers of control resulting from the death of a stockholder
shall be exempt from the requirements of the previous subsections.
E.
Nothing in this section shall be deemed to prohibit a
mortgage or pledge of the cable system equipment or any part thereof or a
leasing by the grantee from another part thereof for financing purposes or
otherwise. Any such mortgage, pledge or lease shall be subject and subordinate
to the rights of the Town under the grantee's agreement or this chapter and
applicable law.
A.
There is hereby granted by the Town the right, privilege
and franchise to construct, operate and maintain a cable television system
on the streets of the Town for a period of years as specified in any agreement
between the Town and the grantee, subject to the rights, obligations, conditions
and restrictions as hereinafter provided. The right to use and occupy said
streets for the purposes herein set forth shall not be exclusive, and the
Town reserves the right to grant a similar use of said streets to any person
at any time during the period of the grantee's franchise.
B.
Prior to the construction, operation and maintenance
of the system, the grantee shall file with the Town Director of Public Works
a copy of the construction and/or installation plan. The Town Director of
Public Works shall review the same using the standard of the best interest
of the Town and either approve said plan, disapprove the same or recommend
changes in connection therewith. The grantee shall accordingly make the changes
as recommended, which changes shall become a part of the final plan. Only
upon final approval by the Town Director of Public Works shall the grantee
commence construction and/or installation. All construction and maintenance
shall be in accordance with the plan as approved or modified and changed from
time to time with the approval of the Town Director of Public
Works.
C.
All transmission and distributions, structures, lines
and equipment erected by the grantee within the Town shall be located so as
not to interfere 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 and not to interfere with existing utility installations.
All installations shall be underground at the time of installation. In areas
where both telephone and electric utility distribution facilities are above
ground at the time of installation, the grantee may install its facilities
above ground, but in such case, the grantee, to the maximum extent possible,
subject to the approval by the affected public utility, shall place its facilities
on the poles of said public utilities. If, subsequently, said telephone or
electric utility facilities go underground, the facilities of the grantee
shall go underground simultaneously. The use by the grantee of any facilities
or installations of a telephone or electric utility and the conditions of
said uses shall be determined by negotiations between the grantee and said
utility.
D.
In case of any disturbance of pavement, sidewalk, driveway
or other surfacing (including paved private drives connecting private property
to traveled parts of public roads), the grantee shall, at its own expense
and in the manner provided by the Town, replace and restore all paving, sidewalk,
driveway or other surface of any street or alley disturbed within 30 days
following any such disturbance.
E.
If, at any time during the period of the grantee's agreement,
the Town shall alter or change the grade or location of any street, alley
or other public way or repair the same, the grantee shall, upon 20 days' notice
by the Town, remove, relay and relocate its poles, wires, cables and underground
fixtures at its own expense and, in each instance, comply with the requirements
of the Town.
F.
From time to time, the Town Board may prohibit placement
of the grantee's equipment, wires or facilities in specified areas where the
Town Board has determined that the location of such equipment, wires and facilities
would interfere with or endanger any public or private utility or would violate
any applicable safety statute, ordinance or administrative regulation.
G.
The grantee shall, on request of any person holding a
moving permit issued by the Town, temporarily move its wires or fixtures to
permit the moving of buildings, the expense of such temporary removal to be
paid by the person requesting the same, and the grantee shall be given not
less than 96 hours' advance notice to arrange for such temporary changes.
A.
The grantee shall not deny service, deny access or otherwise
discriminate against any subscribers, programmers or general citizens on the
basis of race, color, religion, national origin, creed, age or sex. Nothing
in this subsection shall be construed to prohibit the reduction of waiving
or charges in conjunction with promotional campaigns for the purpose of attracting
subscribers, nor shall this provision be interpreted to prohibit the establishment
of a graduated scale of charges and classified rate schedules to which any
subscriber or programmer included in a particular classification shall be
entitled.
B.
Except with written subscriber consent, neither the grantee
nor any governmental bureau, department, unit, agency or entity, at the federal,
state, county or Town level, nor any other person or entity shall monitor
or arrange for the monitoring of any subscriber cable, subscriber outlet or
subscriber receiver for any purpose whatsoever.
C.
Without the express written consent of a subscriber,
the grantee shall not sell or otherwise make available lists of the names
and addresses of the subscribers, or any lists which identify, by name, subscribers'
viewing habits, to any person, agency or entity, for any purpose whatsoever.
A.
The right is hereby reserved to the Town to adopt, in
addition to the provisions contained herein and any existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise of
the police powers, provided that such regulations, by ordinance or otherwise,
shall be reasonable and not in conflict with the rights herein granted.
B.
Nothing in this chapter shall limit the right of the
Town to acquire the cable system or any portion thereof of the grantee through
the exercise of eminent domain, condemnation proceedings or otherwise.
C.
For the purpose of vacating streets, installing utilities
and rerouting utilities, the Town may terminate the grantee's rights to use
the streets and the facilities of the Town upon resolution of the Town Board
and two months' notice to the grantee. Notwithstanding the foregoing, in case
of emergency or as a measure to safeguard the health, safety and welfare of
the Town or any of its inhabitants, the Town may, by resolution, prescribe
a shorter notice. Any removal of equipment, wires or facilities of the grantee
required by this subsection shall be done at the sole cost and expense of
the grantee. If removal is not made by the grantee in the time required or
in case of emergency, the Town or its lawful representatives may cause the
same to be removed at the grantee's expense without notice.
D.
Nothing contained in this chapter shall be construed
to limit or in any other way impair the powers and authorities of the Town,
except as expressly stated in this chapter.
A.
Except as expressly provided in this chapter and the grantee's agreement, the grantee herein shall have no recourse whatsoever against the Town for any loss, cost or expense or damage arising out of the provisions or requirements of this chapter or because of the enforcement of provisions set forth in § 113-13 herein.
B.
Any grantee receiving a franchise from the Town pursuant
to this chapter acknowledges by acceptance of a franchise that it has carefully
read the terms and conditions hereof and is willing to and does accept all
reasonable risks of the meaning of such terms and conditions and agrees that,
in the event of any ambiguity thereof or in the event of any other dispute
over the meaning thereof, the same shall be construed strictly against the
grantee in the favor of the Town.
All ordinances, agreements, understandings and franchises relative to
the construction and operation of cable television systems within the Town
are hereby repealed upon the effective date of this chapter.
The Town reserves the right to amend or modify this chapter from time
to time.