[Ord. of 5-21-1996; amended by Ords. of 2-17-1998(1); 4-21-1998(3); 12-15-1998(1); 8-17-1999 by Ord. No. 99.69; 5-13-2002 by Ord. No.
2002.47; 2-18-2003 by Ord. No. 2003.28; 2-17-2004 by Ord. No.
2004.11; 3-16-2004 by Ord. No. 2004.23; 10-15-2013 by Ord. No.
2013.83]
Pursuant to 30-A M.R.S.A. § 3008 et seq., the City
of Biddeford hereby adopts a cable television ordinance.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm or corporation owning, controlling, operating,
managing, or leasing a CATV system within the City of Biddeford, sometimes
hereinafter referred to as "the company."
Any community antenna television system, multichannel video
provider, or facility that, in whole or in part, receives directly
or indirectly, over the air, and amplifies or otherwise modifies signals
transmitting programs broadcast by one or more television or radio
stations, or originates its own signal or signals produced through
any of its community access channels and distributes such signals
by wire or cable to subscribing members of the public who pay for
such services, but such term shall not include any such facility that
serves only the residents of one or more apartment dwellings under
common ownership, control or management.
The City of Biddeford organized and existing under the laws
in the State of Maine and the area within its territorial limits.
The established Cable Television Committee of seven members
nominated by the Mayor and confirmed by the Biddeford City Council.
The City Council of the City of Biddeford.
[Ord. of 5-21-1996; Ord. of 2-17-1998(1); Ord. of 4-21-1998(3), Ord. of 12-15-1998(1); Ord. No. 99.69, 8-17-1999; Ord. No. 2004.11, 2-17-2004; Ord. No. 2004.23, 3-16-2004]
(a)
Committee appointment; term.
(1)
There is hereby established a cable TV oversight committee (hereafter
referred to as "Cable Committee") consisting of seven members who
shall be residents of the City of Biddeford. The members of the Cable
Committee shall be nominated by the Mayor and confirmed by the City
Council.
(2)
The terms of office shall be for three years. When a vacancy
exists, the Mayor shall nominate a replacement subject to confirmation
by the Council for the remainder of the term vacated. Four members
shall constitute a quorum for the purpose of conducting business.
(3)
In determining the qualifications of a member of the Committee,
the municipal officers shall take into consideration demonstrated
interest and ability to understand, appreciate and promote the purpose
of this section.
(b)
Duties of the Cable Television Committee:
(1)
Recommend terms of negotiation to issuing authority on nonexclusive
cable franchise matters.
(2)
Monitor compliance with the terms of the existing and future
franchise agreements and report noncompliance to the City Manager.
(3)
Act to collect information and advise issuing authority on matters
of rate regulation as permitted by state and federal laws.
(4)
Promote media literacy by providing the opportunity for local
people to produce their own programming or provide programming of
local interest, and coverage of government meeting and education programming.
(5)
Develop, establish and approve all changes to the programming and operating rules. (See Section 2-409, Programming rules.)
(6)
Review and recommend changes to the PEG Access Director's job
description at the request of the City Manager.
[Amended 6-7-2016 by Ord.
No. 2016.41]
In order to provide all eligible citizens and groups from the
City of Biddeford access to video equipment, training and channel
time on a first-come, first-served basis, there shall be a Biddeford
PEG access TV center. A PEG Access Director shall manage the daily
operations of the facility along with all related equipment and assets.
The Director shall report to the Chief Operating Officer. The Chief
Operating Officer shall review the qualifications of any finalist
for the position of PEG Access Director with the Cable Committee and
shall appoint said person.
Any franchise fee paid to the City of Biddeford pursuant to
any agreement with a cable TV franchise shall be dedicated to the
operation and facilities of PEG access.
Scheduling time for use of the public access channel(s) shall
be available on a first-come, first-served basis. Scheduling time
for use of the educational and governmental channel(s) shall be at
the discretion of the PEG Access Director.
(a)
It is the intent of the Cable Committee to allow free expression
and not restrict the content or message of any program presented on
Biddeford's PEG access channels. Political debates are encouraged.
(b)
The following programming is prohibited: Any material that violates
applicable federal law; any commercial advertising of a product or
service; any form of lottery; any material found to be libelous or
slanderous in a court of law; and any other material which is defined
as indecent; obscene or violent by the courts or any applicable federal
law or regulation.
The City of Biddeford, the Cable Committee, and any cable TV
franchisee in the City of Biddeford are not responsible for the final
content of any program and hereby disclaim any liability for the content
of any program which may be shown. Any producer or individual who
provides material for transmission is subject to all legal responsibilities
and is personally liable for the content of the material transmitted.
Each producer must agree in writing to indemnify and hold the City
and any franchisee harmless from any and all claims (including indemnification
for the City and any franchisee's costs incurred in defending such
litigation) arising from any and all claims of any kind whatsoever
concerning the failure to comply with any applicable law, rule, regulation
or other requirement as well as any claim for libel, slander, invasion
of privacy, infringement of common law or statutory copyrights or
trademarks, breach of contract or other obligations owing to third
parties, civil rights violations or any other injury or damage in
law or equity which may arise out of the use of the community access
equipment or facilities.
Protocols and procedures governing the production and operation
of the community access TV center shall be established and all changes
approved by the Cable Committee.
(a)
Prior to the preparation by the City of requests for proposals for
franchises or renewals thereof, the City shall hold a public hearing
with at least seven days' notice by publication in a newspaper of
general circulation within the City, to solicit public comment regarding
special local needs and interests with respect to cable television
service.
(b)
Applications for a franchisee to operate a CATV system in the City
and related documents are public records to be filed with and maintained
by the City Clerk pursuant to the State Freedom of Access Law (1 M.R.S.A.
§ 401 et seq. as amended from time to time). Reasonable
notice must be given to the public of its right to inspect and copy
such applications and documents during the regular business hours
of the City Clerk's office.
(c)
Before authorizing the issuance of any such franchise contract or
contracts, the municipal officers shall review the applicant's character
and financial and technical qualifications to operate a CATV system
throughout the City, and shall conduct a public hearing thereon with
at least seven days' advertised notice prior to said public hearing.
(d)
Applicants for a franchise, refranchise or transfer of franchise
shall pay a nonrefundable filing fee to the issuing authority (City
of Biddeford) of $1,000 to defray such legal and other costs as the
City may incur in dealing with such applications.
(e)
Pursuant to 30 M.R.S.A. § 3003(4)(D), the City shall require
the franchise to pay to said issuing authority an amount equal to
the ordinary and reasonable costs which the City may incur in connection
with any transfers, franchise or franchise renewal agreements, or
any amendments to the same required by law or initiated by the franchisee,
or any other modification of said contracts initiated by the franchisee.
(Any such payment by the franchisee shall be within the exclusion
to the term "franchise fee" as defined in Sec. 622(g)(2)(D) of the
Cable Act and shall not be deemed to be a part of the franchisee fee
obligation of the franchisee.
A dispute over the use of facilities and/or equipment or any
other dispute over the use of PEG access television should, if possible,
be resolved informally at the staff level or with the Access Director.
If efforts at informal resolution fail, the person or entity
who feels aggrieved by any action or decision of the staff or the
Access Director may file a formal complaint in writing to the Access
Director. The complaint must be as specific as possible, describing
the action or decision complained of, the date of the action or decision
and the relief requested. The Access Director must issue a written
decision with reasons within four days after receiving a complaint.
Parties aggrieved by this decision may request a hearing from the
City Manager to be held in consultation with the Cable Committee.
