For the purpose of this chapter the following terms, phrases, words
and their derivation 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.
ANNUAL GROSS SUBSCRIBER REVENUES
Those revenues derived from the supplying of regular subscriber service,
that is, the installation fees, disconnect and reconnect fees and fees for
regular cable benefits, including the transmission of broadcast signals and
access and origination channels, and revenues derived from per-program or
per-channel charges, if any. It does not include revenues derived from leased
channel revenues, advertising revenues or any other income derived from the
system.
CABLE TELEVISION SYSTEM, CABLE SYSTEM or SYSTEM
A system of coaxial cables or other electrical conductors and transmission
equipment used or to be used primarily to receive television or radio signals
directly or indirectly off the air and transmit them and other related services
to subscribers for various fees.
COMPANY
Anyone granted the franchise in accordance with the provisions of
this chapter.
TOWN
The Town of Winneconne.
The Town hereby grants to the company a nonexclusive franchise for a
period of 15 years, unless sooner terminated pursuant to the provisions of
this chapter, to install, operate and maintain throughout the Town in, upon,
along, across, above, over and under the streets, alleys, easements (including
utility easements), public ways and public places as now laid out or dedicated,
and all extensions thereof and additions thereto, a system of wires, cables,
underground conduits, ducts, trenches, conductors, amplifying equipment, manholes,
fittings and any and all other fixtures, appliances and appurtenances necessary
for the installation, ownership, maintenance and operation in the Town of
a cable television system for the purpose of distribution of cable television
and related services to inhabitants within the limits of the Town. The rights
are granted herein by the Town after due consideration and approval by the
Town of the legal, character, financial, technical and other qualifications
of the company and the adequacy and feasibility of its construction arrangements,
as part of a full public proceeding affording due process, which includes
specific notice of the consideration of the company's construction policy.
The company shall at all times during the period of this franchise and
any renewal thereof be subject to all lawful exercise of the police power
by the Town and to such reasonable regulations by the Town as the Town shall
provide pursuant to § 138-18 of this chapter. The company shall
comply with all laws, statutes, codes, ordinances, rules or regulations applicable
to its business, including those of the Federal Communications Commission,
and will comply with the Equal Employment Opportunity Act.
It shall be the policy of the Town to amend this chapter liberally,
upon application of the company, to take advantage of any developments in
the field of transmission of television signals and related services which
will afford the company an opportunity more effectively, efficiently or economically
to serve its customers. The Town shall amend this chapter upon application
of the company, when necessary, to enable the company to respond to changes
in Federal Communications Commission regulations or other applicable governmental
rules or requirements. Such amendments shall be made by the Town within one
year from the date of any such changes in such rules, regulations or requirements
or at the time of permit renewal, whichever occurs first.
It is the policy of the Town to minimize the number of utility poles,
support structures and conduits within the Town to promote the safety, health,
convenience and general welfare of the Town and its inhabitants. Any franchise
granted hereunder shall not relieve the grantee of any obligation involved
in obtaining pole or conduit use agreements from the gas, electric and telephone
companies or others maintaining poles or conduits in the streets or roads
of the Town, whenever the company finds it necessary to make use of such poles
or conduits. In areas where either telephone or electric utility facilities
are aboveground at the time of installation, the company may install its service
aboveground, provided that at such time as those facilities are required to
be placed underground by the Town or are placed underground, the company shall
likewise place its services underground without additional cost to the residents
of the Town.
Upon termination of service to any subscriber, the company shall promptly
remove all its facilities and equipment from the premises of such subscriber
upon his request.
Any transfer or assignment of the company's rights and obligations under
this chapter to a subsidiary of the company shall be made only by an instrument
in writing, an executed copy of which shall be filed with the Town within
30 days after such transfer or assignment. Any other transfer or assignment
of the company's rights or obligations shall be made only upon written approval
of the Town, which approval shall not be unreasonably withheld. No consent
shall be required for a transfer in trust, mortgage or other hypothecation,
in whole or in part, to secure an indebtedness.
Within 90 days after the end of the company's fiscal year, the company
shall file with the Town a report showing the gross subscriber revenues received
by the company from subscribers in the Town since the preceding report.
The company shall pay to the Town an annual fee in an amount as set
by the Town Board. This payment shall be in addition to any other payment
owed to the Town by the company and shall not be construed as a payment in
lieu of municipal or Town property taxes or other state, county or local taxes.
The company shall also pay an application fee as set by the Town Board upon
accepting the franchise. The annual fee shall be paid to the Town Clerk on
or before March 31 of each year.
The franchise is revocable by the Town for substantial breach by the
company of a material term of the franchise. The Town shall provide written
notice to the company of any such breach. If the company fails within 60 days
after receipt of such notice to correct such breach, then the Town shall have
the right, after a full and complete public hearing, to revoke any or all
rights and privileges granted herein; provided, however, that such breach
did not result from factors beyond the reasonable control of the company.
The company shall have the right to provide service for which a per-program
or per-channel charge is made.