[HISTORY: Adopted by the Town Meeting of the Town of Hull 5-2-2005 ATM by Art. 5. Amendments noted
where applicable.]
WHEREAS it is in the public interest to ensure that cable systems
and other telecommunication and multichannel video systems are encouraged
to serve the public in an effective and organized manner so as to
foster such use and make suitable provisions of same available to
the public, and WHEREAS it is in the public interest to ensure that
cable systems and other multichannel video systems that such systems
do not discriminate in whom they serve based on race, ethnic status,
income or other inappropriate basis, such as by not serving certain
areas of the Town, or failing to serve certain areas on a timely basis,
and WHEREAS such systems use the streets and highways, which are public
property, for the lines through which they provide service, and public
property may not be used in a discriminatory manner, and WHEREAS,
in order to meet community needs, such systems need to be constructed
with lines in appropriate places, both to obtain public, educational
and government access channels and to provide service to schools and
government buildings, and WHEREAS requiring providers to obtain a
franchise prior to constructing, maintaining and operating such systems,
while requiring the Town to act expeditiously on any franchise request,
allows the Town to ensure that the preceding objectives and others
which are in the public interest are met, while allowing the prompt
provision of service, WHEREAS it is in the public interest for the
Town to ensure that construction of any cable system is completed
in a timely manner, both to meet public needs and to prevent discrimination
in service against any portion or section of the Town, and WHEREAS
the Town finds that it is in the public interest and meets the cable-related
needs of the community for all cable providers to make provision for
public, educational, and governmental access channels ("PEG") for
the community and institutional network ("I-Net") services for the
Town, and WHEREAS, for PEG and I-Net services to be effectively provided
at the lowest cost, they need to be planned before construction of
the cable system begins, NOW THEREFORE, the Town of Hull ordains as
follows.
[Amended 5-8-2021 ATM by Art. 6B]
No Person may Construct, maintain or operate a cable system
or other telecommunication or multichannel video Multichannel Video
System in the Town to provide Multichannel Video Service, provide
such services in the Town without first obtaining from the Town a
franchise authorizing the construction, maintenance or operation of
such a system. The Select Board, acting on behalf of the Town, shall
be the franchise granting authority.
No cable system or other telecommunication or Multichannel Video
Provider may provide Multichannel Video such as service to any person
in the Town unless a franchise from the Town authorizing same is in
full force and effect at all times while such service is being provided.
Nothing contained herein shall otherwise excuse a person from having
to obtain and maintain any and all other federal, state and local
approvals and permits and to otherwise be in compliance with any and
all other federal, state and local laws, rules and regulations.
To provide persons in the Town with competition and a choice in Multichannel Video Service, Multichannel Video Providers (other than "cable operators" and "open video system operators" as defined in § 370-5 below) providing service in the Town shall make up to 2/3 of the channels on their system available for the carriage of programming from other video programming providers in accordance with the principles and procedures established by the Federal Communications Commission for the carriage of such programming by open video system operators. The Town shall act expeditiously on any request for a franchise so as to allow the prompt provision of service while ensuring that the public interest is met and that residents are not discriminated against based on race, ethnic status, income or other inappropriate basis.
A person who meets one or more of the following tests:
The person is a "cable operator," as such term is defined in
Title VI of the federal Communications Act of 1934, 47 U.S.C. Sections 521
and following, or is otherwise required to obtain a "franchise" as
such term is defined in such Act.
The person is an "open video system operator", as such term
is defined in Title VI of the federal Communications Act of 1934 and
implementing regulations.
The person provides Multichannel Video Service, where such service
is transmitted in whole or in part via wires or lines that are in
or cross any of the streets, highways or public rights-of-way within
the Town. The preceding sentence shall apply whether the provider
owns, leases or otherwise obtains the right to use such wires or lines,
including wires or lines of a telecommunications provider used pursuant
to tariff or otherwise for such purpose.
The person provides Multichannel Video Service and is otherwise
required to obtain a franchise or similar approval under Town charter,
state law or federal law.
The person provides telecommunications facilities, wireless
or wired.
Includes all of the following:
A "cable system", as such term is defined in Title VI of the
Federal Communications Act of 1934,
An "open video system", as such term is defined in Title VI
of the Federal Communications Act of 1934 and implementing regulations,
A system which provides Multichannel Video Service, where such
service is transmitted in whole or in part via wires or lines that
are in or cross any streets, highways or public rights-of-way within
the Town. The preceding sentence shall apply whether the provider
owns, leases or otherwise obtains the right to use such wires or lines,
including wires or lines of a "telecommunications provider used pursuant
to tariff or otherwise for such purpose, and
A system involving wired, fiber optic or wireless communications
or telecommunications for other than the personal use of the owner
of the property where such system is located.
A system involving the providing of data communications, telecommunications
services and video transmission and other similar technological services
and capabilities.
Any other system providing Multichannel Video Service within
the Town where under applicable law a franchise or similar permission
or approval from the Town is required.
Includes:
The installation of lines, fibers or facilities that are in
or cross any of the streets, highways or public rights-of-way within
Town for use as part of a cable systems or other telecommunication
or Multichannel Video System, or
The connection of other facilities directly or indirectly to
previously existing lines, fibers or facilities that are in or cross
any of the streets, highways or public rights-of-way within Town for
use as part of a cable systems or other telecommunication or Multichannel
Video System.
Multiple channels of video programming where some or all
of the video programming is generally considered comparable to programming
provided by a television broadcast station. Multichannel Cable Video
Service specifically includes, but is not limited to, "cable service"
as such term is defined in Title VI of the Federal Communications
Act of 1934.
Individuals, corporations, partnerships, limited-liability
corporations, limited-liability partnerships and any other form of
legal entity.
