[HISTORY: Adopted by the Commission of the Town of Cottage
City as Ch. 2 of the 2007 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The monthly charges for a subscription to the basic service
tier and the associated equipment.
A separately available service tier to which subscription
is required for access to any other tier of service, including as
a minimum, but not limited to, all must-carry signals, all peg channels,
and all domestic television signals other than superstations.
A per channel rate of charge for cable service and associated
equipment which the FCC has determined as reasonable.
The Cable Television Consumer Protection and Competition
Act of 1992.
Any person or group of persons:
Any communications facility consisting of a set of transmission
paths and associated signal generation, reception and control equipment,
under common ownership and control, that among other services distributes
or is designed to distribute to subscribers the signals of one or
more television broadcast stations by cable to subscribing members
of the public who pay for such service.
A unit of cable service identified and selected by a channel
number or similar designation.
The governing body of the Town of Cottage City or a committee
or person appointed and empowered by resolution of the governing body
to perform any or all of the duties outlined in this chapter.
A filing in which the cable operator attempts to show that
the benchmark rate or the price cap is not sufficient to allow the
cable operator to fully recover the costs of providing the basic service
tier and to continue to attract capital.
The Federal Communications Commission.
An authorization granted by the Town, which permits the construction,
operation and maintenance of a CATV system within the Town.
Any entity, its successors, heirs or assigns that is a cable
operator and is awarded a franchise in accordance with the provisions
of this chapter.
The rates that the cable operator is charging for the basic
service tier, including charges for the associated equipment, at the
time the Town notifies the cable operator of the Town's qualification
and intent to regulate basic cable rates.
The signal of any local broadcast station (except superstations
which is required to be carried on the basic service tier).
The channel capacity designated for public, educational,
or governmental use, and facilities and equipment for the use of that
channel capacity.
The ceiling set by the FCC on future increases in basic cable
rates regulated by the city, based on a formula using the GNP fixed
weight price index, reflecting general increases in the cost of doing
business and changes in overall inflation.
The surface of and the space above and below any public streets,
highways, sidewalks and adjacent public areas, bridges, tunnels, parks,
waterways, alleys and all other public rights-of-way and public grounds
or waters within the Town.
Whatever has been offered or provided to any municipal or
any other governmental body in Prince George's County.
Any person or organization receiving any of the services
delivered over a CATV system.
Any non-local broadcast signal secondarily transmitted by
satellite.
A.
Except as provided in Subsection B of this section, it shall be unlawful for any person or organization to own, construct, operate or solicit subscribers for any CATV system wholly or partially located in the Town without first having obtained a franchise.
B.
Notwithstanding the remaining provisions of this chapter, the Commission of the Town may by resolution or ordinance join with any other municipality or municipalities in the state or with Prince George's County for a common franchise in whole or in part. Any such franchise shall be subject only to the provisions of such resolution or ordinance; provided that any such resolution or ordinance shall be subject to the notification and publication provisions for the award of a franchise as provided in the § 2-5 of this chapter.
A.
The
franchise granted under this chapter shall be nonexclusive and nothing
herein shall be construed to prevent the franchise authority from
granting identical or similar franchises to more than one person,
within all or any portion of the franchise entity.
B.
Franchises
shall be subject to the lawful exercise of the Town's police
powers and such reasonable regulations as the Town may subsequently
promulgate thereunder.
C.
Franchisees
shall be subject to all federal, state, county and local laws, rules
and regulations and specifications heretofore or hereafter enacted.
D.
The
rights granted by any franchise shall be subordinate to any existing
public use or any existing franchise or lawful occupancy of any public
ways. Should a CATV system in any way interfere with the construction,
maintenance or repair of public ways, public improvements or public
utilities within the Town, the franchisee shall at its own cost and
expense protect or relocate its facilities.
A.
No
application for a franchise shall be considered unless it is submitted
in accordance with the terms of a resolution approved by the Commission
which shall provide a period for submission of application of at least
30 days from the date of publication of the resolution in a newspaper
of general circulation in Prince George's County.
B.
Such
resolution shall require that such applications shall provide for
a detailed description of a CATV system proposed in accordance with
the terms of this chapter, including costs of construction, maintenance
and operation, a construction time schedule, and a full disclosure
of the ownership and management organization of the prospective franchisee,
finances, including the names and addresses of all persons owning
an interest of 5% or more of the entity applying for a franchise,
the amount of each such interest, and the names and addresses of any
persons residing in the state who have or will have a pecuniary interest
in the granting or management of such franchise.
C.
Such
resolution shall provide for an application fee sufficient to cover
the estimated cost to the Town of soliciting and reviewing such applications.
A.
Within
30 days after the due date for the receipt of applications, the Town
shall schedule a public hearing for review and discussion of applications.
All applicants shall be given an opportunity to participate and be
represented at the hearing.
B.
Within
60 days following such hearing the Commissioners shall announce their
decision with respect to such applications, which may include the
awarding of a franchise, the rejection of any or all applications,
or the rescheduling of a public hearing for consideration of additional
information to be solicited from or form the basis for further negotiation
with an applicant or applicants.
A.
Within
the limits of the Federal Communications Commission regulations, the
franchise agreement shall prescribe a fee which shall be at least
sufficient to cover the estimated cost of further investigation of
the successful CATV application and the establishment and operation
procedures for CATV operation. Such fee shall be paid in accordance
with terms set forth in the franchise agreement.
B.
Concurrently
with the acceptance of its franchise, the franchisee shall file with
the Town a bond with an acceptable surety in an amount set by the
Town to indemnify and hold harmless the Town against any losses it
may suffer in the event the franchisee fails to comply with one or
more of the provisions of its franchise. Such bond shall be obtained
at the sole expense of the franchisee and remain in effect for the
full term of the franchise or any renewal thereof, plus an additional
six months thereafter.
C.
The
franchisee shall pay, and by its acceptance of a franchise specifically
agrees to pay, any and all damages or penalties which the Town may
be legally required to pay as a result of franchisee's installation,
operation or maintenance of a franchise cable television system under
this chapter whether or not the acts or omissions complained of are
authorized, allowed or prohibited by the Town.
D.
The franchisee shall also pay all expenses incurred by the Town in defending itself with regard to any and all damages and penalties mentioned in Subsection C above. These expenses shall include all out-of-pocket expenses, including reasonable attorneys' fees and the reasonable value of services rendered by any employee of the Town.
A.
Each
franchise shall provide for a home subscriber network of a program
channel carriage signal capacity not less than that provided for Prince
George's County, and which shall be installed, maintained and
operated at all times in full compliance with the technical and channel
capacity standards of the Federal Communications Commission. Annual
performance tests shall be required.
B.
No
franchise shall be granted which provides initially for equipment,
cable cast signal quality, technical facilities and channel capacity
less than the state of the art competitively provide. Each application
shall provide a section describing how the CATV system may be maintained
up to the state of the art throughout the term of the franchise.
C.
Each
franchise shall provide for interconnection capability so that subscribers
may have access to the local access, public access, educational, governmental
and emergency channels of any CATV system franchised by Prince George's
County.
Each franchise shall install and at all times maintain its wires,
cables, fixtures and other equipment in accordance with the requirements
of the Town and Prince George's County building, electrical,
fire, health and plumbing codes.
A.
Each
franchise shall provide for channels for public service at least one
of which shall provide noncommercial public access on a first-come
nondiscriminatory basis, at least one of which shall be designated
for use by state or county educational authorities, at least one of
which shall be designated governmental uses and at least one channel
of which shall provide for local program origination and programming
control.
B.
Until
such time as there is demand for all locally originated channels,
the franchisee may combine programs on one or more channels, and to
the extent that time is available therefor, local access channels
may be used for other broadcasts and nonbroadcast services, except
that programs originated by the Town or its public service organizations
will have priority as to time and channel use.
C.
Each
franchisee shall provide, without cost, production facilities and
training for officers and employees of the Town and for public service
organizations of the Town, so as to maximize opportunities for broadcast
of programs of general interest within the Town.
D.
Access
to the public service channels shall be available without charge to
educational, governmental, religious and public service organizations
of the Town and to the public on the public access channel, and the
franchisee shall maintain a studio, headed and equipped for broadcasting
such programs live or on tape. The franchise may provide reasonable
charges for equipment and facilities used to broadcast live or on
tape programs originated away from such studio or headed.
E.
Each
franchisee shall provide at least one service outlet to each public
building within the Town without charge.
F.
In
the event of an emergency, the Town may interrupt signals otherwise
being distributed by any franchise in order to deliver signals necessitated
by such emergency.
A.
During the term of a franchise, the franchisee shall furnish all
subscribers a service producing as good a quality of television picture
or reception as the state of the art permits, and shall make betterments
to the service as improvements in the science of the carrying of television
signals warrant.
B.
Each franchisee shall maintain all parts of its system in good condition,
and maintain sufficient employees to provide safe, adequate and prompt
service for all of its facilities. Service complaints and equipment
malfunction shall be responded to within 24 hours, and corrected as
promptly as possible.
C.
Planned interruption of service shall only be for good cause, and
shall be preceded by notice over such channels as are affected, and
by notice to the Town. Insofar as possible such interruptions shall
be of brief duration and occur during minimum viewing hours.
D.
Each franchisee shall maintain a complete list of all complaints
received and the measures taken to resolve such complaints. This list
shall be available to the Town upon request.
E.
Each franchisee shall maintain a conveniently located business office
and service to which subscribers may telephone without incurring any
toll charges. This office shall be open during all usual business
hours, and be so operated that complaints and requests for repairs
or adjustments may be received by telephone at any time when any television
signals are being broadcast.
A.
Initial review of basic cable rates.
(1)
Notice. Upon the adoption of this chapter and the certification of
the Town by the FCC, the Town shall immediately notify all cable operators
in the Town, by certified mail, return receipt requested that the
Town intends to regulate subscriber rates charged for the basic service
tier and associated equipment as authorized by the Cable Act of 1992.
(2)
Cable operator response. Within 30 days of receiving notice from
the Town, a cable operator shall file with the Town, its current rates
for the basic service tier and associated equipment and any supporting
material concerning the reasonableness of its rates.
(3)
Expedited determination and public hearing.
(a)
If the Commissioners are able to expeditiously determine that
the cable operator's rates for the basic service tier and associated
equipment are within the FCC's reasonable rate standard, as determined
by the applicable benchmark, the Commissioners shall:
(b)
If the Commissioners take no action within 30 days from the
date the cable operator filed its basic cable rates with the Town,
the proposed rates will continue in effect.
(4)
Extended review period.
(a)
If the Commissioners are unable to determine whether the rates
in issue are within the FCC's reasonable rate standard based
on the material before it, or if the cable operator submits a cost-of-service
showing, the Commissioners shall, within 30 days from the date the
cable operator filed its basic cable rates with the Town and by adoption
of a formal resolution, invoke the following additional periods of
time, as applicable, to make a final determination:
(b)
If the Commissioners have not made a decision within the ninety-day
or one-hundred-fifty-day period, the Commissioners shall issue a brief
written order at the end of the period requesting the cable operator
to keep accurate account of all amounts received by reason of the
proposed rate and on whose behalf the amounts are paid.
(5)
Public hearing. During the extended review period and before taking
action on the proposed rate, the Commissioners shall hold at least
one public hearing at which interested persons may express their views
and record objections.
(6)
Objections. An interested person who wishes to make an objection
to the proposed initial basic rate may request the Town Clerk-Treasurer
to record the objection during the public hearing or may submit the
objection in writing anytime before the decision resolution is adopted.
In order for an objection to be made part of the record, the objector
must provide the Town Clerk-Treasurer with the objector's name
and address.
(7)
Benchmark analysis. If a cable operator submits its current basic
cable rate schedule as being in compliance with the FCC's reasonable
rate standard, the Commissioners shall review the rates using the
benchmark analysis in accordance with the standard for authorized
by the FCC. Based on the Commissioners' findings, the initial
basic cable rates shall be established as follows:
(a)
If the current basic cable rates are below the benchmark, those
rates shall become the initial basic cable rates and the cable operator's
rates will be capped at that level.
(b)
If the current basic cable rates exceed the benchmark, the rates
shall be the greater of the cable operator's per channel rate
on September 30, 1992, reduced by 10%, or the applicable benchmark,
adjusted for inflation and any change in the number of channels occurring
between September 30, 1992 and the initial date of regulation.
(c)
If the current basic cable rates exceed the benchmark, but the
cable operator's per channel rate was below the benchmark on
September 30, 1992, the initial basic cable rate shall be the benchmark,
adjusted for inflation.
(8)
Cost-of-service showings. If a cable operator does not wish to reduce
the rates to the permitted level, the cable operator shall have the
opportunity to submit a cost-of-service showing an attempt to justify
the initial basic cable rates above the FCC's reasonable rates
standard. The Commissioners will review a cost-of-service submission
pursuant to FCC standards for cost-of-service reviews. The Commissioners
may approve initial basic cable rates above the benchmark if the cable
operator makes the necessary showing; however, a cost-of-service determination
resulting in rates below the benchmark or below the cable operator's
September 30, 1992 rates minus 10%, will prescribe the cable operator's
new rates.
(9)
Decision.
(a)
By formal resolution. After completion of its review of the
cable operator's proposed rates, the Commissioners shall adopt
its decision by formal resolution. The decision shall include one
of the following:
[i]
If the proposal is within the FCC's reasonable rate standard
or is justified by a cost-of-service analysis, the Commissioners shall
approve the initial basic cable rates proposed by the cable operator;
or
[ii]
If the proposal is not within the FCC's reasonable rate
standard and the cost-of-service analysis, if any, does not justify
the proposed rates, the Commissioners shall establish initial basic
cable rates that are within the FCC's reasonable rate standard
or that are justified by a cost-of-service analysis.
(b)
Rollbacks and refunds. If the Commissioners determine that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the Commissioners may order the rates reduced in accordance with Subsection A(7) or (8) above, as applicable. In addition, the Commissioners may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the Commissioners' decision resolution.
(c)
Statement of reasons for decision and public notice. If rates
proposed by a cable operator are disapproved in whole or in part,
or if there were objections made by other parties to the proposed
rates, the resolution must state the reasons for the decision and
the Commissioners must give public notice of its decision. Public
notice will be given by advertisement once in the official newspaper
of the Town.
(10)
Appeal. The Commissioners' decision concerning rates for the
basic service tier or associated equipment, may be appealed to the
FCC in accordance with applicable federal regulations.
B.
Review of request for increase in basic cable rates.
(1)
Notice. A cable operator in the Town who wishes to increase the rates
for the basic service tier or associated equipment shall file a request
with the city and notify all subscribers at least 30 days before the
cable operator desires the increase to take effect. This notice may
not be given more often than annually and not until at least one year
after the determination of the initial basic cable rates.
(2)
Expedited determination and public hearing.
(a)
If the Commissioners are able to expeditiously determine that
the cable operator's rate increase request for basic cable service
is within the FCC's reasonable rate standard, as determined by
the applicable price cap, the Commissioners shall:
(b)
If the Commissioners take no action within 30 days from the
date the cable operator filed its request with the Town, the proposed
rates will go into effect.
(3)
Extended review period.
(a)
If the Commissioners are unable to determine whether the rate
increase is within the FCC's reasonable rate standard based on
the material before them, or if the cable operator submits a cost-of-service
showing, the Commissioners shall, by adoption of a formal resolution,
invoke the following additional periods of time, as applicable, to
make a final determination:
[i]
90 days if the Commissioners need more time to ensure that the
requested increase is within the FCC's reasonable rate standard
as determined by the applicable price cap; and
[ii]
150 days if the cable operator has submitted a cost-of-service
showing seeking to justify a rate increase above the applicable price
cap.
(b)
The proposed rate increase is tolled during the extended review
period.
(c)
If the Commissioners have not made a decision within the ninety-day
or one-hundred-fifty-day period, the Commissioners shall issue a brief
written order at the end of the period requesting the cable operator
to keep accurate account of all amounts received by reason of the
proposed rate increase and on whose behalf the amounts are paid.
(4)
Public hearing. During the extended review period and before taking
action on the requested rate increase, the Commissioners shall hold
at least one public hearing at which interested persons may express
their views and record objections.
(5)
Objections. An interested person who wishes to make an objection
to the proposed rate increase may request the Town Clerk-Treasurer
to record the objection during the public hearing or may submit the
objection in writing anytime before the decision resolution is adopted.
In order for an objection to be made part of the record, the objector
must provide the Town Clerk-Treasurer with the objector's name
and address.
(6)
Delayed determination. If the Commissioners are unable to make a
final determination concerning a request rate increase within the
extended time period, the cable operator may put the increase into
effect, subject to subsequent refund if the Commissioners later issue
a decision disapproving any portion of the increase.
(7)
Price cap analysis. If a cable operator presents its request for
a rate increase as being in compliance with the FCC's price cap,
the Commissioners shall review the rate using the price cap analysis
in accordance with the standard form authorized by the FCC. Based
in the Commissioners' findings, the basic cable rates shall be
established as follows:
(a)
If the proposed basic cable rate increase is within the price
cap established by the FCC, the proposed rates shall become the new
basic cable rates.
(b)
If the proposed basic cable rate increase exceeds the price
cap established by the FCC, the Commissioners shall disapprove the
proposed rate increase and order an increase that is in compliance
with the price cap.
(8)
Cost-of-service showings. If a cable operator submits a cost-of-service
showing in an attempt to justify a rate increase above the price cap,
the Commissioners will review the submission pursuant to the FCC standards
for cost-of-service review. The Commissioners may approve a rate increase
above the price cap if the cable operator makes the necessary showing;
however, a cost-of-service determination resulting in a rate below
the price cap or below the cable operator's then current rate
will prescribe the cable operator's new rate.
(9)
Decision. The Commissioners' decision concerning the requested
rate increase shall be adopted by formal resolution. If a rate increase
proposed by a cable operator is disapproved in whole or in part, or
if objections were made by other parties to the proposed rate increase,
the resolution must state the reasons for the decision. Objections
may be made at the public hearing by a person requesting the Town's
secretary to record the objection or may be submitted in writing at
anytime before the decision resolution is adopted.
(10)
Refunds.
(a)
The Commissioners may order refunds of subscribers' rate
payments with interest if:
[i]
The Commissioners were unable to make a decision within the extended time period as described in Subsection B(3)(c) above; and
[ii]
The cable operator implemented the rate increase at the end
of the extended review period; and
[iii]
The Commissioners determine that the rate increase
as submitted exceeds the applicable price cap or that the cable operator
failed to justify the rate increase by a cost-of-service showing,
and the Commissioners disapprove any portion of the rate increase.
(b)
The method for paying any refund and the interest rate will
be in accordance with FCC regulations as directed in the Commissioners'
decision resolution.
(11)
Appeal. The Commissioners' decision concerning rates for the
basic service tier or associated equipment, may be appealed to the
FCC in accordance with applicable federal regulations.
C.
Cable operator information.
(1)
City may require.
(a)
In those cases when the cable operator has submitted initial
rates or proposed an increase that exceeds the reasonable rate standard,
the Commissioners may require the cable operator to produce information
in addition to that submitted, including proprietary information,
if needed to make a rate determination. In these cases, a cable operator
may request the information be kept confidential in accordance with
this section.
(b)
In cases where initial or proposed rates comply with the reasonable
rate standard, the Commissioners may request additional information
only in order to document that the cable operator's rates are
in accordance with the standard.
(2)
Request for confidentiality.
(a)
A cable operator submitting information to the Commissioners
may request in writing that the information not be made routinely
available for public inspection. A copy of the request shall be attached
to and cover all of the information and all copies of the information
to which it applies.
(b)
If feasible, the information to which the request applies shall
be physically separated from any information to which the request
does not apply. If this is not feasible, the portion of the information
to which the request applies shall be identified.
(c)
Each request shall contain a statement of the reasons for withholding
inspection and a statement of the facts upon which those reasons are
based, including reference to the State Government Article of the
Maryland Code, currently codified at § 10-617(d) as to commercial
information.[1]
[1]
Editor's Note: See now General Provisions Article of the Annotated
Code of Maryland, § 4-335.
(d)
Casual requests which do not comply with the requirements of
this subsection, shall not be considered.
(3)
Commissioners' action. Requests which comply with the requirements of Subsection C(2) will be acted upon by the Commissioners. The Commissioners will grant the request if the cable operator presents a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the Commissioners deny the request, the Commissioners shall take one of the following actions:
(a)
If the information has been submitted voluntarily without any
direction from the Town, the cable operator may request that the Town
return the information without considering it. Ordinarily, the Town
will comply with this request. Only in the unusual instance that the
public interest so requires, will the information be made available
for public inspection.
(b)
If the information was required to be submitted by the Commissioners,
the information will be made available for public inspection.
(4)
Appeal. If the Commissioners deny the request for confidentiality,
the cable operator may seek review of that decision from the FCC within
five working days of the Commissioners' decision, and the release
of the information will be stayed pending review.
D.
Automatic rate adjustment.
(1)
Annual inflation adjustment. In accordance with FCC regulations,
the cable operator may adjust its capped base per channel rate for
the basic service tier annually by the final GNP-PI index.
(2)
Other external costs.
(a)
The FCC regulations also allow the cable operator to increase
its rate for the basic service tier automatically to reflect certain
external cost factors to the extent that the increase in cost of those
factors exceed the GNP-PI. These factors include retransmission consent
fees, programming costs, state and local taxes applicable to the provision
of cable television service, and costs of franchise requirements.
The total cost of an increase in a franchise fee may be automatically
added to the base per channel rate, without regard to its relation
to the GNP-PI.
(b)
For all categories of external costs other than retransmission
consent and franchise fees, the starting date for measuring changes
in external costs for which the basic service per channel rate may
be adjusted will be the date on which the basic service tier becomes
subject to regulation or February 28, 1994, whichever occurs first.
The permitted per channel charge may not be adjusted for costs of
retransmission consent fees or changes in those fees incurred before
October 6, 1994.
(3)
Notification and review. The cable operator shall notify the Town
at least 30 days in advance of a rate increase based on automatic
adjustment items. The Town shall review the increase to determine
whether the item or items qualify as automatic adjustments. If the
Town makes no objection within 30 days of receiving notice of the
increase, the increase may go into effect.
E.
Enforcement.
(1)
Refunds. The Town may order the cable operator to refund to subscribers
a portion of previously paid rates under the following circumstances:
(2)
Fines. If the cable operator fails to comply with a rate decision
or refund order, the cable operator shall be subject to a fine of
$400 for each day the cable operator fails to comply.
A.
No construction or relocation of any CATV system, or any part thereof,
within a public right-of-way, shall be commenced until written permits
have been obtained from the proper governmental authority.
B.
A franchisee shall, at its own expense, protect, support, temporarily
disconnect, relocate or remove any of its facilities or property when
required by any public body by reason of traffic conditions, public
safety, road construction, change of street grade, installation or
repair of sewers, drains, water pipes, power lines or other public
improvements; provided, however, that a franchisee shall have the
privilege of abandoning any property in place.
C.
If trees or other factors in the public way interfere with proper
operations of the equipment or facilities of the franchisee, the franchisee
may, with the approval of the Town, and other governmental units deemed
legally necessary, correct such interference.
A.
Franchises shall not be sold, transferred, leased, assigned or disposed
of, in whole or in part, either by sale, merger, consolidation, bankruptcy
or otherwise, without prior consent of the Town by resolution, and
then only under such conditions as may therein be prescribed and in
accordance with the regulations of the FCC.
B.
Any change of ownership or management organization not acceptable
to the Town shall be grounds for termination of the franchise.
A.
A franchisee may not discriminate against any person or organization
regarding employment, compensation, programming or otherwise because
of sex, race, color, age, creed or national origin.
B.
Any finding by the Town of a violation of this section shall be grounds
for termination of the franchise in accordance with FCC regulations.
A.
It shall be unlawful for any person, without the consent of the franchisee,
to willfully tampers with, remove or injure cables, wires or equipment
authorized under a franchise granted by the chapter.
B.
It shall be unlawful for any person to make or use any unauthorized
connection, whether physically, electronically, acoustically, inductively
or otherwise, with any part of a franchise CATV system within the
Town for the purpose of enabling himself or others to receive any
CATV signal without authorization of the franchisee or the Town.
This chapter shall not prohibit the erection or continued use
of individual antennas, not require any person or organization to
receive CATV service, or to connect with a CATV system.
A.
If a franchisee fails to comply with any of the provisions of this
chapter, or regulations promulgated under the authority of this chapter,
or defaults in any of its obligations under the franchise agreement,
and fails within 30 days after written notice from the Town to the
franchisee has been received by such franchisee to correct such noncompliance
or default, the Town may, at its option, terminate the rights granted
under the franchise; provided, that before any franchise is terminated
under this section, the franchisee shall be entitled to a hearing
before the commission to show cause why the franchise should not be
terminated.
B.
In the event that the Town terminated a franchise, the Town may,
at its option, either:
(1)
Require the franchise to remove its facilities within 60 days after
such termination; or
(2)
In the event that the franchisee does not remove its facilities within
such sixty-day period, the Town may remove such facilities and charge
to the franchisee the costs of the removal; or
(3)
Take possession of such equipment and facilities with the amount
of compensation to be paid by the Town or a successor franchisee for
the cost of such facilities to be determined by agreement for arbitration.
A.
The Commission shall have the right by resolution to delegate any
of its authority to any Town official, or to a committee to be named
by the Commission, to enforce or administer any of the provisions
of this chapter.
B.
The Commission or any Town official or committee delegated authority
under this chapter, shall have the authority to issue such reasonable
rules and regulations as may be necessary for the implementation,
enforcement and administration of this chapter and any franchise granted
hereunder.
Violation of any of the provisions of § 2-2A or § 2-15 shall be deemed a misdemeanor and punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, or both. Each connection, subscription, operation or tampering shall be considered a separate violation, for purposes of this section.
[Amended 10-12-1994]
The Commissioners shall establish the duration of each franchise
granted under this chapter and the terms and conditions for any renewal
thereof. Any such franchise may be renewed for a period not exceeding
its original duration without soliciting additional applications.
The Commissioners shall have the power to extend an existing franchise
for a period of time less than that of the franchise or originally
granted upon the Commissioners' finding that such a grant is
in the best interest of the subscribers within the Town.
The franchise entity reserve to itself the right to intervene
in any suit, action or proceed involving any provision of this chapter.
If any provision of this chapter, or the particular application
thereof, shall be held invalid by any court, administrative agency,
or other body with appropriate jurisdiction, the remaining provisions,
and their application, shall not be affected thereby.
