[HISTORY: Adopted 7-25-2011 by Ord. No. 11-10. Amendments noted where applicable.]
Any application for a new cable television franchise or renewal
of a franchise in the Town is to contain the following information:
A.
The name, addresses, and telephone numbers of the applicant, both
regional and national;
B.
A detailed statement of the corporate or other business entity organization
of the applicant, including, but not limited to, the following, and
to whatever extent required by the Town:
(1)
The names, residence and business addresses of all officers
and directors;
(2)
The names, residence and business addresses of all officers,
persons and entities having, controlling, or being entitled to have
or control 1% or more of the ownership of the applicant;
(3)
A detailed and complete financial statement of the applicant,
and its subsidiaries, prepared by a certified public accountant, for
the fiscal year next preceding the date of the application hereunder
and certifying that the applicant has available sufficient free, net
and uncommitted cash resources to operate the proposed cable system
in the Town.
C.
A detailed description of the proposed plan of operation of the applicant
that includes, but shall not be limited to, the following:
(1)
A statement or schedule setting forth all proposed classifications
of rates and charges to be made against all subscribers, including
but not limited to residential dwellings, commercial establishments,
apartments, housing projects (both public and private), hotels, motels,
and other establishments; additionally, all rates and charges as to
each of said classifications, including installation charges, service
charges, deposit agreement (if any) and all other rates and charges
to be made.
(2)
A detailed, informative, and referenced statement describing
the actual equipment and operational standards proposed by the applicant.
In no event are said operational and performance standards to be less
than those contained in Title 47 CFR Subpart K (Section 76.601 et
seq.), of the Rules and Regulations of the FCC, as amended in the
future, and in addition comply herein.
D.
A detailed statement setting forth in its entirety the imposed cable
system design. Such statement is to include proposals concerning system
architecture, channel capacity, channel uses, access, programming
facilities, franchisee studio location, point-to-point service, two-way
capability, subscriber privacy, and interconnection.
E.
Such other information as may be required by the Town for a new or
renewal franchise.
A.
Term. Each franchise must contain the following provisions:
(1)
Any franchise awarded by the Town under this title is to be
for a term of not less than five years nor more than 10 years. The
franchisee has no automatic right to renewal of a franchise, but any
renewal is in the sole discretion of the Town acting in accordance
with any applicable provisions of Maine and federal law;
(2)
Any renewal of a franchise is to be upon such terms and conditions
as herein stated, and provided the franchisee has satisfied the conditions
of this title, and provided the franchisee has fulfilled all terms
and conditions of any previous contract. Prior to any renewal or extension
of the franchise, the franchisee must satisfy the Town Council at
a public hearing that it has maintained or will improve the cable
system to remain abreast of all the highest standards of broadcast,
repair and service restoration, programming, rates, customer service,
billing and quality;
(3)
Notwithstanding any other provision of this title or any franchise
agreement, the Town may, from time to time, extend the franchise agreement
by resolution for a period not to exceed six months.
B.
Termination. The Town may revoke or terminate any franchise awarded
pursuant to the provisions of this title or may impose reasonable
penalties upon 30 days' written notice to the franchisee, and
after public hearing, in the event that the franchisee:
(1)
Violates any material provision of its franchise agreement or
any rule, order or determination of the Town made pursuant to the
franchise agreement or this title where such violation remains uncured
for a period of 30 days following notice to the franchisee by the
Town that such violation is deemed to exist;
(2)
Attempts to evade any material provision of its franchise agreement
or practices any fraud or deceit upon the Town or subscribers residing
in the Town;
(3)
Accumulates, within any period of six consecutive months, penalties
imposed under this title or a franchise agreement in the aggregate
amount of $10,000 for failure to perform any of its other obligations;
(4)
Has a petition under the Bankruptcy Code filed by or against
it, and the franchisee fails to have the petition dismissed within
60 days;
(5)
Has a receiver, trustee or liquidator appointed for all or part
of the franchisee's assets;
(6)
Becomes financially insolvent or makes an assignment for the
benefit of creditors;
(7)
Continuously or repeatedly violates any provisions of its franchise
agreement or any orders or rulings of any regulatory body having jurisdiction
over the franchisee; or
(8)
Fails to perform in accordance with the terms of the franchise
agreement.
C.
Revocation public hearing. Prior to revoking a franchise, the Town
must hold a public hearing, on 30 days' written notice, at which
time the franchisee and the public are to be given an opportunity
to be heard. Following the public hearing, the Town may determine
to revoke the franchise based on the information presented at the
hearing and other information of record. If the Town determines to
revoke a franchise, it must issue a written decision setting forth
the reasons for its decision. A copy of such decision must be transmitted
to the franchisee. Any appeal or challenge to a revocation or termination
of a franchise agreement is to the York County Superior Court pursuant
to Rule 80B of the Maine Rules of Civil Procedure.
D.
New franchise and/or renewal public hearing. Before authorizing the
issuance of any new franchise and/or renewal, the Town must review
the applicant's character, financial and technical qualifications,
the proposed agreement's ability to meet current and future cable-related
needs and interests, and the adequacy and feasibility of the applicant's
qualifications to operate a cable system within the Town, and the
Town Council must conduct a public hearing.
