[HISTORY: Adopted by the Selectboard of the Town of Casco
1999. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
- CABLE TELEVISION COMPANY
- Any person, firm or corporation owning, controlling, operating, managing or leasing a CATV system within the Town of Casco, sometimes hereinafter referred to as "the company."
- CATV
- Any community antenna television system 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.
- TOWN
- The Town of Casco, organized and existing under the laws of the State of Maine and the area within its territorial limits.
No person, firm or corporation shall install, maintain or operate
within the Town or any of its public streets or other public areas
any equipment or facilities for the operation of a CATV system unless
a franchise authorizing the use of said public streets or areas has
first been obtained pursuant to the provisions of this chapter and
unless said franchise is in full force and effect.
A.
The municipal officers of the Town may contract on such terms, conditions
and fees as are in the best interests of the municipality and its
residents with one or more cable television companies for the operation
of a CATV system within the Town, including the granting of a franchise
or franchises for the operation thereof for a period not to exceed
15 years.
B.
Applicants for a franchise shall pay a nonrefundable filing fee to
the Town of $100 to defray the cost of public notice and advertising
expenses relating to such application. The applications shall be filed
with the Town Clerk and shall contain such information as the Town
may require, including but not limited to a general description of
the applicant's proposed operation, a schedule of proposed charges,
a statement detailing its previous two fiscal years, an estimated
ten-year financial projection of its proposed system and its proposed
annual Town franchise fee or the basis for the same, and a statement
detailing the prior operational experience of the applicant in both
CATV and microwave service, including that of its officers, management
and staff to be associated with the proposed operation.
C.
Said franchise contract may be revoked by the municipal officers
for good and sufficient cause after due notice to the company and
a public hearing thereon, with the right to appeal to the Cumberland
County Superior Court under Rule 80-B of the Court Rules of Civil
Procedure in accordance with due process.
Before authorizing the issuance of any such franchise contract
or contracts, the municipal officers shall review the applicant's
charter, financial and technical qualifications and the adequacy and
feasibility of its qualifications to operate a CATV system within
the Town and shall conduct a public hearing thereon with at least
seven days' advertised notice prior to said public hearing.
[Amended 6-14-2017 by
Art. 27]
Upon the execution of any such franchise contract, the cable
television company shall file a surety company performance bond in
the amount of $50,000 conditioned upon the faithful performance of
the regulations governing said franchise, and also evidence of such
public liability insurance coverage as the municipal officers may
require. When the cable television company has completed its proposed
system as set forth in its proposal, and in compliance with the franchise
agreement, the Selectboard shall reduce said bond by 1/2.
The Selectboard is hereby authorized, at its discretion, to
create a CATV Committee and to appoint the membership thereof. The
Committee shall have a Chair, Vice Chair, and a Secretary and shall
have the following duties:
A.
Adopt such rules and regulations as it may deem necessary for monitoring
and regulating the operation of the system, said rules and regulations
being subject to the approval of the Selectboard.
B.
Make recommendations to the cable television company concerning programming.
C.
Resolve complaints, disputes, or disagreements between subscribers
and the company.
D.
Conduct public hearings and make recommendations as it may deem necessary
to correct any deficiencies in the operation of said system.
E.
Review rates and charges to subscribers of the cable television company
pursuant to such terms, conditions and criteria as are agreed upon
in the franchise agreement and make recommendations to the Selectboard
in regard to the same.
F.
Prepare specifications for bids for CATV franchises and invite bids
for said franchises. Upon receipt of bids, it shall study the same
and make recommendations on the awarding of a franchise, said recommendations
being subject to the approval of the Selectboard.
G.
Negotiate the franchise agreement between the company and the municipality,
subject to the final and full approval of the Selectboard.
