The franchise area shall be the entire town
or portions thereof for which a franchise is granted.
For the purpose of operating and maintaining
a cable communications system in the town, the grantee may erect,
install, construct, repair, replace, reconstruct and retain in, on,
over, under, upon, across and along the public streets and ways within
the town such wires, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary to the operation of the cable
communications systems; provided, however, that the grantee complies
with all design, construction, safety and performance provisions contained
in this chapter, the franchise agreement and other applicable local
laws.
At the town's option, the town may require
a grantee to utilize town-owned conduit or other facilities for any
portion of its cable communications system during the initial construction
of the system, provided that the cost of construction is not materially
increased due to the use of town-owned facilities. The consideration
for the use of town conduit or other facilities shall be as stated
in the franchise. A reasonable fee for the use of town facilities
shall be established in the franchise and may be adjusted at the periodic
performance evaluations.
No poles shall be erected by the grantee without
prior approval of the town with regard to location, height, type and
any other pertinent aspect. However, no location of any pole of the
grantee shall be a vested right, and such poles shall be removed or
modified by the grantee at its own expense whenever the town determines
that the public convenience would be enhanced thereby. The grantee
shall utilize existing poles and conduits, where possible. The town
shall have the right during the life of the franchise to install and
maintain, free of charge, upon the poles owned by the grantee, any
wire and pole fixtures that do not unreasonably interfere with the
cable system operations of the grantee.
No cable communications system shall be allowed
to occupy or use the streets of the town or be allowed to operate
without a franchise.
The term of any franchise granted pursuant to
this chapter shall be stated in the franchise.
Any franchise granted pursuant to this chapter
shall be nonexclusive. The town specifically reserves the right to
grant at any time such additional franchises for a cable communication
system as it deems appropriate and/or build, operate and own such
cable communication system or systems as it deems appropriate.
Whenever the agreement shall establish a separate
schedule of specific acts by or on behalf of the grantee, these shall
be deemed of the essence, and any failure of the grantee to perform
within the time allotted shall always be sufficient ground for the
town to invoke an appropriate penalty including possible revocation
of the franchise.
In any controversy or dispute under this chapter,
the law of the State of New York shall apply.
If any section, subsection, sentence, clause,
phrase or portion of this chapter or the franchise is for any reason
held invalid or unconstitutional by any court of competent jurisdiction
or by any federal, state or local statute or regulation, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
thereof.
Upon completion of the term of any franchise
granted under this chapter, the town may, in its sole discretion,
grant or deny renewal of the franchise of the grantee in accordance
with the provisions of the Cable Act. The grantee shall own the cable
communication system but shall have no property right in the public
rights-of-way upon the completion of the franchise term.
All notices from the grantee to the town pursuant
to this chapter and the franchise shall be to the Town Supervisor
or his/her designee. The grantee shall maintain with the town, throughout
the term of the franchise, an address for the service of notices by
mail. The grantee shall also maintain with the town a local office
and telephone number for the conduct of matters related to the franchise
during normal business hours. The grantee shall be required to advise
the town of such address(es) and telephone numbers and any changes
thereof.
The grantee shall not be excused from complying
with any of the terms and conditions of this chapter or the franchise
by any failure of the town upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions.