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.
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 If the law, regulation or decision is subsequently repealed,
rescinded, amended, voided, overturned or otherwise changed so that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.
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.