[HISTORY: Adopted by the Mayor and Town Council of the Town
of Hancock as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 9 of the 2006 Code of Ordinances]
As used in this article, the following terms shall have the
meanings indicated:
Includes:
The services such as the transmission of all leased access signals
not included in the basic subscriber service, nonlocal broadcast signals,
and pay television signals.
Services not involving the transmission of signals, including
rental of equipment, training services, and all other services which
may be provided by the franchisee to residential subscribers.
The transmission of local broadcast video channel signals
required to be carried pursuant to Subpart D of Part 76 of the Rules
and Regulations of the Federal Communications Commission.
A signal that is transmitted by a cable communication system,
including microwave links, which is not involved in a broadcast transmission
path.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., 1982, and Supp. V, 1987 (and all other applicable provisions
of 47 U.S.C.), as amended by the Cable Television Consumer Protection
and Competition Act of 1992, Pub. L. No. 102-385,[1] and as may, from time to time, be amended.
A system of antennas, cables, amplifiers, towers, microwave
links, wave guides, laser beams, satellites, or any other conductors,
converters, equipment or facilities designed and constructed for the
service of producing, receiving, amplifying, storing, processing,
or distributing audio, video, digital, or other forms of electronic
signals, and the facilities of a common carrier to the extent that
such facility is used in the transmission of video programming directly
to subscribers.
A frequency path, 6 megahertz wide, in the electromagnetic
spectrum.
A subscriber who receives service in connection with a business,
trade or profession or institution.
An electronic device which converts signals to a frequency
not susceptible to interference within the TV receiver of a subscriber,
and by an appropriate channel selector which also permits a subscriber
to view all signals delivered at designated dial locations.
The legislative body of the Town of Hancock.
Any channel where educational authorities are the designated
programmers.
The Federal Communications Commission.
This article, by which a franchise is granted to a franchisee.
CMA Cablevision Associates XI, L.P. (CMA) (doing business
as and locally known as "Telemedia/Adelphia"), its approved successors
and assigns.
All revenues received by the franchisee from monthly fees
for furnished basic subscriber service, pay television service and
other services billed directly to the subscriber.
Observing a two-way communications signal exchange, where
the observer is neither of the communicating parties, whether the
communications signal exchange is observed by visual or electronic
means, for any purpose whatsoever.
Any channel designed for commercial lease.
Any channel where the Council or other local governments
or agencies are the designated programmers.
Any channel where the franchisee is the programmer.
Observing a one-way communications signal, where the observer
is neither the subscriber nor the programmer, whether the signal is
observed by visual or electronic means for any purpose whatsoever.
Includes the ordinances of The Town of Hancock, Maryland.
The delivery to subscribers, over the cable communications
system, of television signals for a fee or charge to subscribers over
and above the charge for basic subscriber service, on a per-program,
per-channel, or other subscriber basis.
Any channel which is available only to subscribers who possess
equipment to receive signals of the appropriate frequency.
Any person, firm, corporation, institution or entity who
or which produces or otherwise provides program material for distribution
to subscribers by means of the cable communications system.
Any channel where any member of the general public may be
a programmer.
The surface of and the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement, public utility and any other public ground
or water subject to the jurisdiction and control of the Town.
A subscriber who receives service in an individual dwelling
unit, where the service is not in connection with a business, trade,
profession or institution.
Any channel so arranged electronically as to be available
only to subscribers who possess special decoding equipment in order
to receive a usable signal.
The geographical area in which the franchisee provides CATV
service, as legally granted by the franchisor.
Any person, firm, institution, corporation or other entity
who or which elects to receive, for any purpose, the service provided
by the cable communications system.
Each extension wiring from the franchisee's distribution
lines to a subscriber's point of use.
Any and all compensation and other consideration collected
or received or in any manner gained or derived by a franchisee from
the operation of its CATV service within the service area of the Town.
The Town of Hancock, Washington County, Maryland, a Maryland
municipal corporation, including all areas within its existing boundaries
and territory hereafter acquired or annexed.
The person, department, committee or agency designated by
the Council in a contemporaneous resolution to act for it in certain
matters relating to cable television; or otherwise the Council itself.
[1]
Editor's Note: See 47 U.S.C. § 609 et seq.
A.
The Mayor and Council ("Council"), as the duly constituted legislative
body of the Town, have awarded in the past nonexclusive television
franchises to CMA Cablevision Associates XI, L.P. (doing business
as and locally known as "Telemedia/Adelphia") and its predecessors
by duly constituted ordinance(s).
B.
CMA Cablevision Associates XI, L.P. (doing business as and locally
known as "Telemedia/Adelphia") has given notice and expressed its
desire to renew the nonexclusive franchise previously granted in accordance
with the provisions of the Annotated Code of Maryland, FCC regulations
and applicable U.S.C. provisions.
C.
The Mayor and Council are desirous and do hereby grant a nonexclusive
cable television franchise to CMA Cablevision Associates XI, L.P.,
a Maryland corporation, authorized to do business in the State of
Maryland under the name of and locally known as "Telemedia/Adelphia,"
in accordance with the terms and provisions hereinafter set forth.
A.
The Mayor and Council (Council) are desirous and do hereby grant
unto CMA Cablevision Associates XI, L.P., (CMA), a Maryland corporation,
doing business as and locally known as "Telemedia/Adelphia," a renewal
of its nonexclusive franchise to engage in the business of providing
cable service and such other services as may be permitted by this
franchise and any agreements hereunder for a period of 10 years commencing
on the first day of August 2002, and terminating automatically on
the 31st day of July 2012.
B.
By this article, the Council confirms the granting of a franchise
renewal for the operation of a CATV system to Cablevision Associates
XI, L.P. (doing business as and locally known as "Telemedia/Adelphia")
as, in the Council's opinion, best qualified to render proper
and efficient CATV service to subscribers in the Town. Such grant
is nonexclusive; provided, however, that the Town shall not authorize
or permit another cable communication system to operate within the
Town without first conducting a hearing, in which existing company(ies)
may participate, which will consider highest and best use of the public
rights-of-way; public convenience and necessity; impact on private
property; aesthetic consequences; economic impact on delivery of cable
services and cable service areas; and other societal interests implicated
in cable communication franchising; provided, further, that the Town
shall not authorize or permit a cable communication system to operate
within the Town on terms or conditions more favorable or less burdensome
to such operator than those applied to the company(ies) pursuant to
its franchise; and provided, further, that if the Town authorizes
or permits another cable communication system to operate within the
Town, it shall do so on condition that such cable communication system
indemnify and hold harmless the existing company(ies) from and against
all costs and expenses incurred in strengthening poles, replacing
poles, rearranging attachments, placing underground facilities, and
all other costs and expenses incurred in strengthening poles, replacing
poles, rearranging attachments, placing underground facilities, and
all other costs, including those of the company(ies), Town, and utilities
incident to inspections, make-ready, and construction of an additional
cable communication system in the franchise area; and provided, further,
that the existing company(ies) shall be designated a third-party beneficiary
of such conditions as are incorporated into the authorization(s) granted
to another cable communication system.
A.
General provisions. The franchise granted pursuant to this article
is subject to the following:
(1)
Federal, state and local laws, rules, regulations, and ordinances,
as they exist and as from time to time may be amended.
(2)
The right of the Council:
(a)
To terminate the same for failure to comply with any material
provisions of the article, and federal, state or local laws, ordinances,
rules or regulations.
(b)
To require reasonable extension of plant, service and maintenance
thereof in accordance with the map attached hereto and made a part
hereof.
(c)
To control and regulate the use of its streets, alleys, bridges
and public places and the space above and beneath them. The franchisee
shall pay such part of the reasonable cost of improvement or maintenance
of streets, alleys, bridges and pubic places as shall arise from the
franchisee's use thereof and shall protect and save the county,
Town, their agents, employees and servants harmless from all claims
and/or damages arising from said use.
(d)
To require joint use of the property and appurtenance of each
franchisee located in the streets, alleys and public places of the
Town at reasonable compensation, insofar as joint use may be reasonable
and practicable.
(e)
Through its appropriately designated representatives, inspect
construction or installation work performed subject to the provisions
of this article, rule or regulation thereunder, and make such inspections
as are reasonably necessary to ensure compliance therewith. However,
the franchisee shall remain primarily responsible for design and installation
and for compliance with all requirements.
(f)
To require, at the expiration of the term of this franchise,
or its renewal term, or upon the termination and cancellation as provided
herein, the franchisee to remove, at its own expense, any and all
portions of the CATV system from the public ways within the service
area within a reasonable period of time, not to exceed 180 days.
(3)
The franchise shall not be transferred or assigned, either in whole
or in part, or leased, sublet, or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right, interest or
property therein, pass to or vest in any person, corporation, association
or other entity either by act of the franchisee or by operation of
law, except as security for monies borrowed, or intracorporate transfers,
without the written consent of the Council, which consent shall not
be unreasonably withheld.
(4)
Prior approval of the Council shall be required where control of
more than 25% of the franchisee or all or substantially all of its
assets is/are proposed to be acquired by a person, partnership, association,
corporation or group of persons acting in concert, none of whom own
or control 25% or more of such right of control, singularly or collectively,
at the time the franchise is granted. By its acceptance of a franchise,
the franchisee acknowledges and agrees that any such acquisition occurring
without prior approval of the Council shall constitute a violation
of the franchise.
(5)
The franchise shall be nonexclusive and shall be for a renewal term
of 10 years from the effective date. Subsequent renewals shall conform
to the Cable Communications Policy Act of 1984 and be approved by
ordinance in accordance with applicable provisions of the Annotated
Code of Maryland.
(6)
The franchisee shall be governed by the lawful rules and regulations
of the FCC and other applicable local state and federal laws, ordinances
and regulations as are now in force and as may be subsequently amended
from time to time.
(7)
The franchisee shall not disseminate information as to the names,
addresses or telephone numbers of subscribers or any subscriber information
furnished in connection with a request for service except in conformity
with Section 631 of the Cable Communications Policy Act of 1984;[1] subject, however, to the right of the Council to audit
the records of the franchisee to establish compliance with this article.
[1]
Editor's Note: See 47 U.S.C. § 551.
(8)
The franchisee shall have the right to erect, maintain and operate
a cable communicates system in, under, over, along, across and upon
the streets, lanes, avenues, sidewalks, alleys, bridges, easements,
rights-of-way, utility poles and other public places in the Town,
and subsequent additions thereto, for the service of transmission
and distribution of audio and visual impulses and television energy
as hereinbefore defined, in accordance with the laws and regulations
of the United States of America, the State of Maryland, and the ordinances
and regulations of the Town. The Town specifically reserves the right
to grant a similar use of said streets, lanes, avenues, sidewalks,
alleys, bridges, rights-of-way, utility poles and other public places
to any person at any time during the period of this franchise. Detailed
plans and specifications for the installation of works or improvements
authorized herein shall first be approved by the Council, which approval
shall not be unreasonably withheld, and may be inspected by the Council
during the construction to ensure compliance to plans and specifications.
(9)
Use of equipment and facilities by franchisee.
(a)
The franchisee shall when and where practicable lease, rent,
or in any other lawful manner obtain the use of towers, poles, conduits,
cables and other equipment and facilities from present holders of
public licenses and franchises within the corporate limits of the
Town on such terms as agreed, subject to all existing and future ordinances
and regulations of the Town, and copies of all agreements with public
utilities operating within the Town shall be placed on file in the
office of the Council upon their execution.
(b)
Whenever such facilities are not reasonably available from the sources specified in Subsection A(9)(a) hereof, the franchisee shall have the right at its own expense to erect and maintain its own poles, conduits and related facilities as may be necessary for the proper construction and maintenance of its cable television distribution system, subject to applicable laws, ordinances and regulations and restrictions of title.
(10)
Construction and maintenance.
(a)
All transmission and distribution structures, lines and equipment
erected by the franchisee within the Town shall be so located as to
cause minimum interference with the rights or reasonable convenience
of property owners who adjoin any of the said streets, alleys, or
other public ways and places. Any opening or obstruction in the streets
or other public places made by the franchisee in the course of its
operations shall be guarded and protected at all times by the placement
of adequate barriers, fences or boardings, the bounds of which, during
periods of dusk and darkness, shall be clearly designated by warning
lights.
(b)
In case of any disturbance of pavements, sidewalks, driveway or other
surfacing, the franchisee shall, at its own cost and expense, and
in a manner authorized by the Town, replace and restore all paving,
sidewalk, driveway or surface of any street or alley disturbed in
as reasonably as good condition as before said work was commenced.
(c)
In the event that at any time during the period of this franchise
the Town shall lawfully elect to alter or change the grade of any
public street, water main or sewer mains, the franchisee shall upon
reasonable notice by the Town, remove, re-lay and relocate its poles,
wires, cables, underground conduits, manholes and other telephone
fixtures at its own expense. Where public funds are made available
for purposes such as urban renewal or historic preservation which
require relocation of the franchisee's facilities, the franchisee
shall share ratable in such funds.
(d)
The franchisee shall not place new poles or other fixtures where
they will interfere with any gas, electric or telephone fixtures,
water hydrant or main sewer main, sewer and water services, or other
fixtures placed in any street, and they shall, where practicable,
be placed at the outer edge of the sidewalk and inside the curbline,
and those placed in alleys shall be placed close to the line of the
lot abutting on said alley, and then in such a manner as not to interfere
with the usual travel on said public streets.
(e)
The franchisee shall, upon the request of any person holding a building
moving permit, temporarily raise or lower its wires to permit the
moving of buildings. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting the same,
and the franchisee may require such payment in advance. The franchisee
shall be given not less than 48 hours' advance notice to arrange
for such temporary wire changes.
(f)
The franchisee may trim trees upon and overhanging streets, alleys,
sidewalks and public places of the Town so as to prevent the branches
of such trees from coming in contact with the wires and cables of
the franchisee, all trimming to be done at the expense of the franchisee.
(11)
The construction and maintenance of the cable television system,
including house connections, shall be in accordance with the provisions
of the applicable National Electrical Safety Code prepared by the
National Bureau of Standards, and such applicable laws and regulations
of the Town, affecting such installations, which may be presently
in effect or may be from time to time in the future in effect, including
a securing of all permits for such construction and maintenance required
by applicable law. All structures, equipment lines and connections
shall be of permanent nature, durable, and installed in accordance
with good engineering practice, and maintained in a safe condition
in good order and repair wherever situated or located.
(12)
Copies of all petitions, applications and communications by
or to the franchisee, involving the Federal Communications Commission
or any state or county or Town regulatory commission or agency or
department having jurisdiction in respect to any matters affecting
the franchisee shall also be furnished to the Council by the franchisee.
(13)
The franchisee shall obtain all permits and authorizations required
in the conduct of its business.
(14)
The franchisee shall, throughout the life of such franchise,
keep the Council fully informed with respect to the matters specified
below, and the failure to disclose such information during the life
of such franchise shall be considered a violation of the franchise
and may subject such franchisee to suspension or termination in the
case of material violations which are not cured after reasonable notice.
(a)
The franchisee shall allow the Town to audit its financial records
relating to gross subscriber revenues upon reasonable notice; make
available its engineering, statistical, and customer service records
relating to its system; and at all times maintain complete and accurate
books of account and records of its business and operation.
(b)
The franchisee shall file annually with the Council a report
indicating all persons who, at any time during the preceding year,
controlled an interest in the franchise of 3% or more, setting forth
for each the extent of this interest, and all creditors, secured and
unsecured, in excess of $10,000, setting forth for each the amounts
loaned.
(c)
The franchisee shall also file annually such other information
concerning its operation as reasonably may be required by the Council.
The Council shall retain, throughout the life of any franchise given
in pursuance of the franchise, the right to demand reasonable, supplemental,
additional or other information as above noted, and upon proof of
the failure to supply such information upon reasonable demand, the
franchise under which any applicant may be operating may, at the option
of the Council, be suspended upon order of the Council until such
information is forthcoming.
B.
Number of channels. The franchisee's distribution system shall
be capable of carrying 78 channels, including all TV stations required
to be carried by the FCC. The system capacity in the forward path
shall be at least 550 megahertz. The system shall be designed to have
the capability of providing simultaneous reverse direction signals
for digital, audio and video signal transmission on all elements of
the system when and as allowed by the FCC.
(1)
The system shall comply with lawful technical regulations promulgated
by the FCC.
(2)
Whenever it is necessary to interrupt service for the purpose of
making repairs, adjustments or installations, the franchisee shall
do so at such times as will cause the least amount of inconvenience
to its subscribers, and unless such interruption is unforeseen and
immediately necessary, it shall give reasonable notice thereof to
its subscribers.
D.
Subscriber equipment. The franchisee shall make available to every
subscriber all equipment necessary for reception on the subscriber's
set of channels to which he has subscribed. The franchisee shall install
all equipment and begin service to each subscriber within 10 working
days after requested by such subscriber to do so, provided that service
is available to a public way abutting the subscriber's property
or can readily be made available.
E.
Public service installations and basic service. The franchisee shall
provide one free installation and free basic service to all municipal
buildings, police stations, fire stations, public libraries, rescue
squads, youth centers, and public schools within the service area.
Such installation shall be made at such reasonable locations as shall
be requested by the respective units of government or public educational
institutions. Any charge for relocation of such installation shall,
however, be charged at actual costs. Additional installations at the
same location may be made at cost, plus 10%. No monthly service charges
shall be made for distribution of the franchisee's basic subscriber
service within such publicly owned buildings.
F.
Other business activities. This franchise authorizes only the operators
of a system as provided for herein, and does not take the place of
any other franchise, license or permit which might be required by
law of the franchisee in order to install its system.
G.
Building apartments. No franchisee shall be required to pay any fee
to the building(s) owner(s) to provide cable television service to
any member of the public in any privately owned buildings which are
in the Town; provided, however, that an owner may negotiate and receive
reasonable reimbursement from ACTV for the utilization and installation
of equipment on the premises in question. Any disputes between ACTV
and a building owner shall be heard at and resolved by a hearing by
the Council. Each franchisee shall report to the Council any building
owner who requests a fee from the franchisee as a condition for allowing
the franchisee to install a cable system service in the building owner's
building; provided, however, that an owner may receive reasonable
reimbursement for direct adverse economic impact of such access, if
any, based upon evidence of the diminution of investment-back expectations,
the impairment of the premises's usefulness, the amount of space
occupied by the facilities of the cable communications system, the
prior use, if any, of the space, the continued physical availability
of space on the premises for installations of alternative modes of
television program reception or delivery, the difference in fair market
value of the premises resulting from the installation of system facilities
and other reasonable, nonspeculative factors, excluding the holdup
value resulting from a landlord's monopoly control of such access.
The aforesaid economic impact shall be rebuttably presumed to be a
one-time charge of $1 per dwelling unit. Any controversy or dispute
over the reasonableness of reimbursement shall be submitted for resolution
by the Council.
H.
Repair. Any damage caused to the property of building owners or users
or any other person by the sole negligence of the franchisee shall
be repaired by the franchisee.
I.
Removal of facilities upon request. Upon termination of service to
any subscriber, the franchisee shall promptly remove all its facilities
and equipment from the premises of such subscriber upon his written
request. The franchisee shall not charge a fee for same. Such removal
shall be accomplished within 15 working days after request, in writing,
is made by the subscriber to do so.
A.
Forfeiture of the franchise may occur:
(1)
If the franchisee fails to substantially comply with the material
provisions of the article, except for causes beyond the reasonable
control of the franchisee, as heretofore provided, and fails, within
30 days' written notice from the Town, to correct and/or commence
the correction of such default or noncompliance.
B.
Upon the termination or forfeiture of this franchise or any renewal
thereof, the franchisee shall within six months thereafter remove
its posts, poles, and all aboveground equipment from the streets,
lanes, sidewalks, highways, alleys, bridges and other public places
in the service area and shall restore such streets, lanes, highways,
sidewalks, alleys, bridges and other public places as nearly as possible
to their original condition.
C.
The franchisee may surrender this franchise at any time upon filing
with the Town a written notice of its intention to do so, at least
60 days before the surrender date. On the surrender date specified
in such notice, all the rights and privileges and all of the obligations,
duties and liabilities of the franchisee shall cease and terminate,
except that the franchisee shall have an additional six months to
remove its plant and equipment from the Town streets and all other
public lands upon which it is located. At the end of said six months,
any property owned by the franchisee and not removed from Town properties
will become the property of the Town, to do with as it may choose.
Any costs occurring to the Town in removing the franchisee's
former possessions from Town streets or land will be a claim against
the franchisee; provided, however, that the Town must comply with
Section 627 of the Cable Communications Policy Act of 1984.[1]
[1]
Editor's Note: See 47 U.S.C. § 547.
D.
The franchise herein granted shall, at the option of the Council,
cease and terminate upon the appointment of a receiver or receivers
or trustee or trustees to take over and conduct the business of the
franchisee whether in a receivership, reorganization, bankruptcy or
other similar action or preceding. In the case of a foreclosure or
other judicial sale of the plant, property and equipment of the franchisee,
or any part thereof, including or excluding this franchise, the Council
may serve notice of termination upon the franchisee and the successful
bidder at such sale, in which even the franchise granted herein and
all rights and privileges of the franchisee hereunder shall cease
and terminate 30 days after service of such notice, unless:
The franchisee shall not oppose intervention by the Town in
any suit or proceeding to which the franchisee is a party.
A.
The franchisee shall maintain a local business office with the system
for the purpose of receiving and resolving all complaints regarding
the quality of service, equipment malfunctions and other similar matters.
B.
The franchisee shall provide a toll-free telephone number at which
subscribers may contact the franchisee or agent thereof on a twenty-four-hour
basis in the case of emergencies and shall notify its subscribers
of such service.
C.
Complaints by any subscriber may be filed with the franchisee, in
writing, or delivered to the franchisee orally in person or by means
of the telephone.
D.
Any complaints received from subscribers shall be investigated by
the franchisee within eight working hours (9:00 a.m. to 5:00 p.m.,
Monday through Friday) and corrected in accordance with applicable
state rules and regulations, including but not limited to FCC rules
and regulations Section 76-309, as enacted or subsequently amended.
E.
The franchisee shall keep records that will indicate the nature of
each complaint, the name of the employee of the franchisee receiving
the complaint, the date and time it was received, the disposition
of the complaint, and the time and date thereof. In said records,
the franchisee shall state the specific steps taken by the company
to remedy the complaint. These records shall be made available for
reasonable inspection by the Town.
F.
The procedure for reporting and resolving complaints shall be stated,
in writing, by the franchisee to each subscriber at the time of initial
subscription to the cable system.
G.
The franchisee shall maintain the staff and facilities needed to
properly handle system maintenance and complaints.
H.
The franchisee shall employ qualified technicians to respond to complaints
or malfunctions at other than normal office hours.
I.
If a subscriber has an unresolved complaint regarding cable service,
the subscriber may file his complaint with the Town and thereafter
may meet jointly with a representative of the Council and a representative
of the franchise to fully discuss and resolve such matter. The Town
in no manner shall, nor does it intend to, exercise any control or
regulation over any complaints or unresolved complaints or rights
to reimbursement between subscriber(s) and the franchisee.
A.
Liabilities and indemnification of the Town. The franchise shall
indemnify and hold harmless the Town and the Council, its agents,
servants, officials and employees at all times and specifically agrees
that it will pay all damages and costs which the Town or its agencies,
servants, officials or employees may be legally required to pay arising
from the franchise granted herein. Such damages and penalties shall
include, but not limited to, damages arising out of copyright infringements,
and other damages arising out of the installation, operation or maintenance
of the CATV system authorized or allowed by the franchise. In the
event suit shall be filed against the Town or its agents, servants,
officials, or employees either independently or jointly with the franchisee
to recover any claim or damages, the franchisee, upon immediate notice
to it by the Council, shall defend the Town or its agents, servants,
officials, or employees, as the case may be, against the action and,
in the event of a final judgment being obtained against any of them,
either independently or jointly, with the franchisee by reason of
the acts of the franchisee, the franchisee will pay said judgment
and all costs and legal fees, and hold the Town, agents, servants,
officials and employees harmless therefrom.
B.
Insurance.
(1)
The franchisee shall carry insurance in such form and in such companies
as shall be approved by the Town, such approval not to be unreasonably
withheld, to protect the Town, its agents, servants, officials and
employees and the franchisee from and against any and all claims,
injury or damage. The insurance policies obtained by the franchisee
in compliance with this and other sections shall be issued by a company,
or companies, acceptable to the Council, and a current certificate
or certificates of insurance shall be filed and maintained with the
Council during the term of the franchise and prior to commencement
of construction. Said policies shall contain a provision that a written
notice of cancellation or reduction in coverage of said policy shall
be delivered to the Council 30 days in advance of the effective date
thereof. The policies shall protect the Town, its agents, servants,
officials, and employees and the franchisee from and against any and
all claims, injury or damage to persons or property, both real and
personal, caused by the construction, erection, operation or maintenance
of the system. The amount of such insurance shall be at the discretion
of the Council, but not less than the following:
(2)
Workmen's compensation insurance shall also be provided as required
by the laws of the State of Maryland.
A.
The franchisee shall offer service throughout the Town as rapidly
as practicable. Inability to obtain easements, if necessary, shall
excuse the franchisee from expanding its system, unless the Town exercises
its power of eminent domain on the franchisee's behalf.
B.
The franchisee shall file a map and program report with the Council
at the close of each calendar year, showing the exact area of the
Town being serviced by the cable television system and the location
and identification of major component parts of the system and plans
for future service extensions by year.
The Town shall not regulate the rates charged by the franchisee
except to prevent discrimination among customers of basic cable service.
The franchisee is permitted to enter into bulk-rate agreements at
rates less than those charged to residential subscribers. In cases
where the franchisee fails to respond to legitimate complaints of
service failures, poor service, or inferior audio/video signals, the
Council may require the franchisee to adjust billing charges for service
deficiencies in whole or in part; or require the franchisee to make
reasonable refunds, in addition to any other remedies the Council
may have by law or under this agreement.
A.
Annual fee. During the term of this franchise, the franchisee shall
pay to the Town for the use of its streets and public ways and other
facilities, as well as the maintenance, improvements, and supervision
thereof, an annual franchise fee equal to 5% of the annual gross subscriber
revenues received by it from operations conducted within the Town.
Such fee shall not exceed any limitation imposed by the FCC. This
payment shall be in addition to any other tax owed to the Town by
the franchisee.
B.
Method of computation. Payments due under the terms of the franchise
shall be computed semiannually and paid within 60 days of December
31 and June 30, respectively. A statement shall be furnished with
each payment certified as correct by the franchisee or by a certified
public accountant. All statements shall reflect the total amount of
gross subscriber service revenues. Statements accompanying payments
of the franchise fee shall set forth a detailed computation of the
payment.
C.
Right of recomputation. No acceptance of any payment shall be construed
as a release or as an accord and satisfaction of any claim the Town
may have for further or additional sums payable as a franchise fee
under the franchise agreement or for the performance of any other
obligation hereunder, unless such acceptance constitutes a waiver
or acquiescence under governing law.
D.
Failure to make required payments. Failure to pay any fees required
by this section shall be considered a material violation of the franchise
and may, at the option of the Council, result in suspension or termination
of the franchise granted, and reinstatement thereof may, at the option
of the Council, be had upon payment of the delinquent fee or fees,
plus any interest and/or penalties as may be required by the Council,
unless such failure constitutes a waiver or acquiescence by the Town
under governing law.
A.
Within 12 months of the receipt of final orders granting all necessary
permits and authorizations which are required in the conduct of its
business, including but not limited to utility joint-use attachment
agreements, microwave carrier licenses issued by the FCC, and any
other permits, licenses, and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the operation
of cable television systems or their associated microwave transmission
facilities, the franchisee shall have an operable headend completed,
and shall have extended energized trunk cable to Phase I as shown
on attached map of the service area.[1] The service area shall be the Town limits.
[1]
Editor's Note: Said map is on file in the Town offices.
B.
No person, firm or corporation in the franchisee's service area
shall be arbitrarily refused service, provided that the franchisee
may charge an additional cost for providing service to subscribers
who are beyond 125 feet from existing trunk or distribution cable.
A.
Captions. The captions to sections are inserted solely for information
and shall not affect the meaning or interpretation of the franchise.
B.
Cable modem capabilities. Franchisee shall provide cable modem capabilities
to the residents of the Town of Hancock, Maryland, within one year
of acceptance of this article.
C.
Recourse. The franchisee shall have no recourse whatsoever against
the Council or Town or its officers, officials, boards, commissions,
agents or employees for any loss, cost, expense or damage arising
out of any lawful provisions or requirements of this franchise or
because of its lawful enforcement.
D.
Separability. If any section, subsection, sentence, clause, phrase
or portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
E.
Costs. The franchisee shall pay a reasonable attorney fee for the
legal services provided to the Town in connection with this agreement,
not to exceed $300.
A.
The franchise represented by this article shall take effect immediately
upon its acceptance by the franchisee in the form of an acceptance
agreement which is incorporated herein by reference.
B.
Each and every subsection of this article granting a nonexclusive
franchise is incorporated in and made a part of the acceptance agreement
of this franchise and each and every subsection of the acceptance
agreement of the franchisee is made a part of this article.
