[HISTORY: Adopted by the Mayor and Council of Pocomoke City 7-10-1995 by Ord. No. 330. Amendments noted where applicable.]
The Mayor and Council of Pocomoke City does hereby grant unto
Comcast Cablevision of Delmarva, Inc., a Delaware corporation, as
aforesaid, hereinafter called the "grantee," its successors and assigns
the right, privilege and franchise to construct, maintain and operate,
within the corporate limits of Pocomoke City, Maryland, as presently
constituted and as the same may be subsequently enlarged, a cable
communications system, and its necessary facilities and additions
thereto, for the transmission and distribution, by cable and other
equipment, of broadband audio, video, voice and data impulses and
energy in, over, under, along, across and upon the streets, lanes,
avenues, sidewalks, alleys, bridges and other public places in said
town, subject to the following terms and conditions:
A.Â
The poles and posts used for the grantee's transmission system
shall be erected by the grantee and/or those erected and maintained
by the Chesapeake and Potomac Telephone Company and/or Delmarva Power
and Light Company and/or such other person, firm or corporation who
or which at the time may be maintaining poles or posts within the
corporate limits of Pocomoke City, when and where practicable, provided
that mutually satisfactory rental agreements can be entered into with
such companies.
B.Â
The grantee's transmission and distribution system, poles, wires
and appurtenances shall be located, erected and maintained so that
none of it or them shall endanger the lives of persons or interfere
with any improvements the Mayor and Council may deem proper to make
or hinder unnecessarily or obstruct the free use of the streets, alleys,
bridges or other public property in said town.
C.Â
In the maintenance and operation of its cable communications system
in the streets, alleys and other public places and in the course of
any new construction or addition to its facilities, the grantee shall
proceed with due regard for the inconvenience of the general public.
Whenever the grantee shall take up or disturb any pavement, sidewalk
or other improvement of any street, avenue, alley or other public
place, the same shall be replaced and the surface restored in as good
condition as before entry. The grantee shall at all times comply with
any and all rules and regulations which the Mayor and Council has
made or may make applying to the public generally with reference to
excavations in streets and other public places not inconsistent with
their use for the purposes contemplated by said franchise.
D.Â
The grantee shall indemnify and hold the Mayor and Council of Pocomoke
City harmless at all times during the term of said franchise from
against all claims for injury or damages to persons or property, both
real and personal, caused by the construction, erection, operation
and maintenance of any structure, equipment, appliance or products
authorized by the grantee or use pursuant to authority of said franchise.
E.Â
Service to educational institutions; list of officers and shareholders;
operation and maintenance.
(1)Â
The grantee shall, upon reasonable request of the Worcester County
Board of Education and at such time as such service shall become reasonable
and practical and available to its equipment, after installation of
the complete transmission system, furnish basic cable service to all
public schools and public educational institutions within Pocomoke
City, without installation charge or monthly service charge of any
kind; provided, however, that the grantee shall not be required to
furnish any installation beyond the property line of any such school
property or within any school building.
(2)Â
The grantee shall file, upon request, with the Mayor and Council
of Pocomoke City, on or before the regular December meeting date of
said Mayor and Council in any year during the continuance of this
franchise, a full and complete list of all of its officers and shareholders.
(3)Â
The grantee shall operate and maintain the cable communications system
in accordance with the rules and regulations promulgated by the Federal
Communications Commission (FCC) and shall provide cable service in
the area covered by this franchise.
F.Â
Unless the same shall be sooner and lawfully revoked pursuant to
the terms of this ordinance, the franchise hereby granted to the grantee
shall take effect upon being accepted by the grantee, its successors
or assigns and shall thereupon be and remain in force until January
1, 2007, and after that date shall automatically renew itself for
one additional five-year period unless the Council of Pocomoke City
or the grantee, its successors and assigns shall notify the other,
not less than 33 months prior to the expiration of said franchise
or any renewal thereof, of its intention not to automatically renew
the same.
G.Â
The grantee shall provide service in accordance with FCC standards
having due regard to atmospheric conditions, war, acts of God, unavoidable
catastrophes and national emergencies. Should the grantee fail or
refuse to transmit such service to its subscribers, the Mayor and
Council may terminate this franchise by written notice to the grantee,
if the grantee shall fail or refuse to correct such service, by methods
available to it, within 60 days after being notified, in writing,
by the Mayor and Council of such failure to comply with FCC standards;
provided, however, that no such action may be taken except at a public
meeting of the City Council of which the grantee has been apprised
and at which the grantee may present evidence in its behalf.
A.Â
The grantee shall pay to the Mayor and Council of Pocomoke City,
on a quarterly basis, a franchise fee calculated at the rate of 5%
(or such other maximum amount allowed by federal law and mutually
agreed upon by the grantor and grantee) of the grantee's gross
receipts for the previous quarter, derived from all cable service
(including premium channels), installation fees and additional outlets
within the City limits. Said franchise fee shall be paid within 30
days of the end of the quarter.
B.Â
In addition, the grantee shall provide to the Mayor and Council of
Pocomoke City, by March 31 of each year, a statement of gross subscriber
receipts and subscriber count for the previous calendar year, certified
by a duly authorized officer of the grantee, which indicates the gross
receipts received per month from all cable service (including premium
channels), installation fees and additional outlets within the City
limits.
This ordinance shall take effect from the date of its passage.
