The purpose of this chapter is to provide for Town regulation
and use of the cable television system, including its construction,
operation and maintenance in, along, upon, across, over and under
the streets, alleys, public ways and public places now laid out or
dedicated, and all extensions thereof and additions thereof in the
Town of Kennebunkport, including poles, wires, cables, underground
conduits, manholes, conductors and fixtures necessary for the maintenance
and operation in the Town of Kennebunkport of the cable television
systems and to provide conditions accompanying the grant of franchise,
and providing for the Town regulation of cable television operation.
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 cable television system within the Town of Kennebunkport,
sometimes hereinafter referred to as "the company".
CABLE TELEVISION SYSTEM
Any cable system, as defined in the Cable Television Consumer
Protection and Competition Act of 1992, as amended, or any 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 Kennebunkport, 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 ways or other public areas any
equipment or facilities for the operation of a cable television system
unless a franchise authorizing the use of said public ways or areas
has first been obtained pursuant to the provisions of this chapter
and unless said franchise is in full force and effect.