This chapter shall be known and cited as the "Cable Ordinance" or herein "this chapter."
The requirements of this chapter shall apply to the full extent of the terms herein and shall be limited in scope or application only to the extent as may be required by applicable law, including those changes in applicable law as may be hereinafter enacted. The provisions of this chapter shall be deemed incorporated in each franchise granted and franchise agreement entered into. The failure of the City to enforce any provision of this Cable Ordinance or of any franchise or franchise agreement, or the failure of any person to comply with any such provision, term or condition, shall not be a waiver of the City's right to enforce the provision, term or condition.
Any rights granted pursuant to this chapter and pursuant to any franchise authorized hereunder are subject to the authority of the City to adopt and enforce ordinances necessary for the health, safety and welfare of the public. Cable operators shall be subject to and comply with all valid generally applicable ordinances enacted by the City.
Information required to be filed with the City pursuant to this chapter that is subject to inspection and copying by the public pursuant to the Freedom of Access Act, 1 M.R.S.A. § 400 et seq., shall be made available to the public in accordance with the Act.
The City shall be entitled to enforce the provisions of this chapter and any franchise through all remedies lawfully available.
A. 
No person may construct, operate or maintain a cable system using the City's public ways, or provide cable service within the City's municipal boundaries, without first receiving a franchise therefor in accordance with this Cable Ordinance. Such franchise shall authorize only a cable operator's construction, operation and maintenance of a cable system to provide cable service and shall not authorize the construction, operation or maintenance of any communications facilities other than a cable system or the provision of any communications service other than cable service. The franchise shall be nonexclusive.
B. 
The obligations of a franchise shall apply to any and all successors and assigns of the cable operator, unless the City expressly and in writing agrees to release the successors and assigns from the franchise or any portion thereof.
A. 
The City may contract on such terms, conditions and fees as are in the best interest of the City and its residents with one or more cable operators for the construction, operation and maintenance of a cable system within the City's municipal boundaries, including, without limitation, the granting of a nonexclusive franchise agreement. The term of any franchise agreement shall not exceed 15 years. Every franchise agreement shall be nonexclusive. Any provision granting an automatic renewal or other provision for extending a franchise agreement is prohibited and such a provision shall be deemed null and void.
B. 
All franchises granted by the City shall comply with the requirements of the Cable Ordinance. A franchise may contain additional terms and conditions as the City and a cable operator deem appropriate, provided the additional terms and conditions are consistent with applicable law, including, but not limited to, 30-A M.R.S.A. § 3008.
All rights and privileges granted by a franchise shall be subject to the City's police power to adopt and enforce local laws, ordinances, rules and regulations necessary to protect the public's health, safety and general welfare. Any conflict between the terms of a franchise and any present or future lawful exercise of the City's police powers, including, without limitation, any conflict between a franchise agreement and this Cable Ordinance, shall be resolved in favor of the City's lawful exercise of its police powers.
Cable operators shall at all times comply with applicable law. In the event a federal or state law, regulation or decision by a court of competent jurisdiction renders a provision of a franchise void or otherwise unenforceable, the provision shall be considered preempted. This preemption will last for as long as the law, regulation or decision is effective. If the law, regulation or decision is subsequently repealed, rescinded, amended, voided, overturned or otherwise changed so that the preemption is nullified, the provision shall thereupon return to full force and effect as provided by such proceeding and shall be binding and enforceable in accordance with the terms thereof.
Every cable operator shall obtain all permits and licenses required by the City to construct a cable system in the public ways. Every cable operator will be responsible for acquiring the necessary permits from the Maine Department of Transportation for state or state-aid highways outside the designated urban compact area. A franchise or franchise agreement does not relieve a cable operator from obtaining all such necessary permits and paying all necessary permit and license fees. A cable operator shall comply with all applicable law in constructing its cable system.
A. 
Initial franchise application.
(1) 
An application for an initial franchise may, consistent with applicable law, be submitted to the City at any time and shall contain the following information:
(a) 
The applicant's name;
(b) 
The names of the applicant's officers and directors;
(c) 
The business address of the applicant;
(d) 
The name and contact information of a designated contact for the applicant;
(e) 
A description of the geographic area that the applicant proposes to serve;
(f) 
The PEG channel capacity and capital support proposed by the applicant;
(g) 
Whether the applicant holds any existing authorization to access the City's public ways in the subject franchise service area;
(h) 
The amount of the franchise fee the applicant offers to pay;
(i) 
The names and business addresses of any person having, controlling or being entitled to have or control at least 15% of the ownership of the applicant;
(j) 
The names and business addresses of any affiliate of the applicant;
(k) 
A detailed description of all previous experience of the applicant in constructing, operating and maintaining a cable system and providing cable service;
(l) 
A statement identifying any other franchises awarded to the applicant or its parent, affiliates or subsidiaries in the State of Maine and the status of such franchises;
(m) 
A detailed description of the design of the proposed cable system, including, without limitation, a detailed description of proposed equipment and technologies to be used in constructing and operating the cable system, channel capacity, channel uses, access programming facilities, subscriber privacy and interconnection;
(n) 
A statement or schedule of the applicant's rates and charges it proposes to be made available to potential subscribers;
(o) 
Any additional information required by applicable state or local laws; and
(p) 
Such other information as is required by the City and is related to the City's evaluation of the application.
(2) 
An application submitted to the City but deficient with respect to any of the above requirements shall be deemed incomplete and shall not be deemed to have been received by the City until such time as the information identified above in Subsection A(1)(a) through (p) has been received by the City and deemed to comply with this Subsection A.
(3) 
All applications and related documents submitted to the City shall be public records open to inspection by the public during reasonable hours.
B. 
Renewal of cable franchise. Renewal of any existing cable franchise shall be conducted in accordance with 47 U.S.C. § 546, 30-A M.R.S.A. § 3010, and this subsection.
(1) 
A cable operator shall maintain adequate personnel and resources to respond to the City's requests for information related to renewal in a timely manner. Failure to respond in a timely manner is a violation of the Maine Unfair Trade Practices Act.
(2) 
If an automatic renewal provision exists in a franchise having an effective date on or before June 15, 2020, the automatic renewal provision remains in effect until that franchise expires. The cable operator shall notify the franchising authority of the automatic renewal no later than 36 months in advance of the expiration of the franchise.
(3) 
The City may require maps, diagrams, annual reports and franchise fee statements, together with such other information as the City deems necessary at renewal, which the cable operator shall make available upon reasonable notice. If information is proprietary, the City may execute a nondisclosure agreement with the cable system operator pursuant to 30-A M.R.S.A. § 3010(5-C).
C. 
Public hearing.
(1) 
No franchise, whether initial or renewal, may be granted without notice to the public and approval of the franchise at a public hearing conducted by the City Council. Such a public hearing may be conducted on at least seven days' advertised notice and shall provide a reasonable opportunity for public input on a proposed franchise.
(2) 
At any public hearing conducted under this Subsection C, the City shall, in accordance with applicable law, review the applicant's legal, financial and technical qualifications, the proposed franchise's ability to meet the City's current and future cable-related needs and interests, and the adequacy of the applicant's qualifications to construct and/or operate a cable system.
D. 
Application fee. The City shall assess an applicant reasonable fees to defray the costs incurred by the City in acting upon the applicant's application.
The City may not grant a franchise that is materially more favorable or less burdensome than an existing franchise granted pursuant to this Cable Ordinance, applicable state law and the Cable Act. This section shall apply only where the new franchise provides authority to construct, operate and maintain a cable system as well as authority to provide cable service.
To the extent permitted by law, the City shall retain the authority to regulate and receive compensation for the provision of non-cable services over any part of the cable system. If a cable operator is permitted by law and chooses to provide non-cable services over any part of the cable system, the cable operator and the City shall negotiate the terms and fees therefor in accordance with applicable law.