A. 
Upon reasonable written notice to a cable operator, the City shall have the right to inspect a cable operator's books and records, during normal business hours and on a nondisruptive basis, as are reasonably necessary to ensure compliance with the material terms of a franchise, including any federal, state laws or regulations, or generally applicable ordinances referenced herein. Records should be produced within five business days of receipt of written request, unless the cable operator responds that a longer amount of time will be needed for good cause. Such written notice from the City shall specifically reference the section or subsection of the franchise or Cable Ordinance which is under review, so that the cable operator may organize the necessary books and records for appropriate access by the City.
B. 
A cable operator shall not be required to maintain any books and records for franchise or Cable Ordinance compliance purposes longer than the applicable statute of limitations. Notwithstanding anything to the contrary set forth herein, but subject to applicable law, a cable operator shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its books and records not relating to the provision of cable service in the City. Subject to § 131-4.4, Open records law, and applicable law, the City shall treat any information disclosed by a cable operator as confidential and shall only disclose it to employees or agents bound by a confidentiality and nondisclosure agreement reasonably acceptable to the cable operator, or as may be necessary to enforce the provisions hereof.
C. 
A cable operator shall not be required to provide subscriber information in violation of 47 U.S.C. § 551.
D. 
A cable operator shall at all times after the effective date maintain and provide to the City upon written request:
(1) 
Records of all written complaints for a period of two years after receipt by the cable operator. The term "complaint" as used in this § 131-7.1 refers to complaints about any aspect of the cable operator's service operations. Complaints recorded will not be limited to complaints requiring an employee service call;
(2) 
Records of area outages for a period of two years after occurrence, indicating date, duration and the number of subscribers affected, type of area outage and cause;
(3) 
Records of service calls for repair and maintenance for a period of two years after resolution by the cable operator, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved;
(4) 
Records of installation and reconnection requests, and requests for service extension for a period of two years after the request was received by the cable operator, indicating the date of request, date of acknowledgment and the date and time service was extended; and a map showing the area of coverage for the provisioning of cable services.
E. 
The City reserves its right to copy books and records as allowed under FCC regulation.
A. 
No later than April 1 of each year during the term of a franchise, the cable operator shall submit an annual report to the City for the prior calendar year, which report shall include, at a minimum:
(1) 
Total number of subscribers;
(2) 
The increase or decrease in the number of subscribers over the prior calendar year for the City;
(3) 
Total miles of new cable plant installed, including, without limitation, a specific description of any line extensions in in the City in the prior calendar year;
(4) 
Total number of service calls, indicating number of dispatches and number repaired;
(5) 
Listing of all charges and fees for cable or cable-related services and any price or programming changes in the prior year;
(6) 
A description of any technological upgrades or enhancements in cable service over the past year;
(7) 
All area outages, including date and duration;
(8) 
The total revenues upon which a franchise fee is paid (broken down by major category);
(9) 
The total franchise fee for the year;
(10) 
Equipment or equivalent funding provided to the PEG access channels (if any);
(11) 
Other information the cable operator chooses to include.
B. 
After delivery of the annual report, the cable operator shall, at the request of the City, attend a meeting with the City to review and discuss any issues or questions raised in the City's review of the annual report.
Upon written request of the City, a cable operator shall provide, not more than annually, a report listing the following:
A. 
A summary of the cable operator's most recent FCC proof of performance tests and measurement records interpreted in layman's language describing the cable system's compliance or lack of compliance with the FCC Technical Standards set forth in 76 CFR 76.601 et seq., as the same may be modified in the future, identifying any instances of noncompliance and describing all measures taken or underway to achieve compliance;
B. 
A list of any material violations by the cable operator of the technical rules of the FCC, including but not limited to violations of rules and regulations regarding signal quality and safety during the past 12 months, and describing all measures taken or underway to achieve compliance; and
C. 
A copy of the cable operator's most recent Securities and Exchange Commission Forms 10-K and 10-Q.
A. 
Franchise fee payments to the City shall be made in accordance with the following requirements:
(1) 
Every cable operator shall pay to the City the same franchise fee, which shall be established by the City by resolution or regulation, in an amount of up to 5% of its annual gross revenue, or such other amount as may be allowed by applicable law;
(2) 
This franchise fee may be reviewed every two years by the City. In the event the franchise fee is increased or decreased, the City shall give the cable operator a ninety-day notice to implement the new fee. In accordance with the Cable Act, the twelve-month period applicable under the franchise for the computation of the franchise fee shall be a calendar year;
(3) 
The franchise fee and any payments in support of the City's access channels shall be due monthly and payable within 30 days after the close of the preceding month. Each payment shall be accompanied by a brief report prepared by a representative of a cable operator showing the basis for the computation, in a form required by the City, and which may be modified upon mutual consent by a cable operator and the City; provided, however, each cable operator shall be required to provide the same information, regardless of the form required by the City. Payments shall be deposited to a City account electronically;
(4) 
The period of limitation for recovery of any franchise fee payable hereunder shall be the applicable statute of limitations from the date on which payment by a cable operator is due;
(5) 
All amounts due and owing under this chapter and a franchise and not paid by the dates specified herein shall bear interest at the prime rate listed in the Wall Street Journal on the date payment was due and compounded daily and calculated daily from the date due until the date of actual payment; and
(6) 
The franchise fee obligation herein is a material requirement of a franchise and is considered payment by a cable operator for use of rights-of-way.
B. 
Late payments. In the event a cable operator fails to remit any payment due to the City on or before a date fixed in the cable operator's franchise, interest due on such payment shall accrue from the date due at 1.50% per month.
C. 
Acceptance of payment. Acceptance of payments by the City shall not be construed as accord that an amount paid is the correct amount. The City reserves its rights to inspect relevant books and records and seek any underpayments due.
A. 
Charges for audits or tests.
(1) 
If an inspection or audit of a cable operator's books and records shows that the cable operator underpaid by 4% or more for any payment period, the cable operator shall reimburse the City for all reasonable costs, including, without limitation, expert fees arising from the inspection or audit, and any additional inspection or audit until it is determined that the cable operator is in full compliance.
(2) 
If it is determined that a cable operator has not materially complied with FCC standards, the City shall, to the extent permitted by federal law, have the right to charge all costs arising from these tests, including, without limitation, expert fees, to the cable operator until it is determined that the cable operator is in full compliance. Notwithstanding the foregoing, the obligation to pay the City's costs for tests of the performance of a cable system shall only arise if the City's test is a) a test of an area where the cable operator has represented that it has corrected a problem, and the problem was not in fact corrected; b) a second test of an area by the City, where the cable operator had been notified of the problem and been given an opportunity to cure it; or c) where the cable operator challenged the validity of a City test, and the City agrees to retest, and the retest confirms the validity of the initial City test. These charges are incidental to the enforcement of the franchise, and they do not limit any right the City may have to exercise any other remedy.
The City reserves the right to regulate the rates of every cable operator to the extent permitted by applicable law.
A. 
Concurrent with the award of any franchise, the cable operator shall file with the City Clerk and shall thereafter annually, during the entire term of such franchise, maintain in full force and effect at its own cost and expense a performance bond in the amount of at least $100,000 to guarantee the faithful performance by the cable operator of all of its obligations under its franchise. The performance bond shall be so conditioned that in the event that the cable operator shall breach any one or more material provisions of the franchise or this Cable Ordinance and subsequent to any notice and opportunity to cure provisions of the franchise or this Cable Ordinance, the City may recover from the surety any penalties assessed in accordance with § 131-7.8 below and any damages or costs suffered or incurred by the City as a consequence of such breach. Said conditions shall be a continuing obligation during the entire term of the franchise.
B. 
A cable operator shall provide at least 30 days' prior written notice of the cable operator's or the surety's intent to cancel, materially change or not to renew the performance bond or security fund.
C. 
In the event that the City recovers against any portion of the performance bond, the cable operator shall be required to replenish the original bond in an amount equal to the amount recovered by the City within 30 days. Failure to post an additional bond on a timely basis shall constitute a violation of a material provision of this Cable Ordinance.
A. 
Amount. For failure to comply with a franchise or this Cable Ordinance, a cable operator shall be subject to a penalty as outlined in Chapter A401, Master Fine Schedule, per day per violation.
B. 
Date of violation; notice. The initial date of a cable operator's violation shall be the date the cable operator receives written notice of the violation.
C. 
Procedure for penalties. Before the City may assess any penalties under this section:
(1) 
The City shall notify a cable operator in writing of the cable operator's alleged failure or violation, which notice shall specify the alleged failure or violation with reasonable particularity;
(2) 
The cable operator shall, within 30 days after receipt of the notice or such longer period as the City may specify in such notice, either cure the alleged failure or violation or, in a written response to the Mayor or City Administrator, either present facts and arguments in refutation or excuse of such alleged failure or violation or state that the alleged failure or violation will be cured and set forth the method and time schedule for accomplishing such cure.
(3) 
Unless the Mayor and the City Administrator determine that the matter has been resolved, the cable operator's response shall be submitted to the City Council to schedule a public hearing at which the City Council shall determine:
(a) 
Whether a failure or violation has occurred;
(b) 
Whether such failure or violation is excusable;
(c) 
Whether such failure or violation has been or will be cured by the City; and
(d) 
The appropriate remedy for the failure or violation.
(4) 
The City shall provide 30 days' written notice of the public hearing to the cable operator. During the public hearing, the cable operator shall have the right to appear and be heard, including the opportunity to present evidence, question witnesses, if any, and the hearing shall follow the procedures set forth for public hearings. If the City Council determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a reasonable schedule satisfactory to the City Council, or that the failure is excusable, such determination shall conclude the matter unless the cable operator fails to comply with the schedule for cure.
D. 
Non-enforcement not waiver. Neither the City nor any cable operator shall be excused from complying with any of the terms and conditions thereof by any failure of either party upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. No course of dealing between a cable operator and the City, nor any delay on the part of the City or cable operator in exercising any rights granted by a franchise or this Cable Ordinance, shall operate as a waiver of any such rights thereof or acquiescence in the actions of the company or City in contravention of such right, except to the extent expressly waived by either party or expressly provided for in a franchise or this Cable Ordinance. No decision by the City or cable operator to invoke any remedy under a franchise or this Cable Ordinance or under any statute, law or ordinance shall preclude the availability of any other such remedy. This Subsection D does not extend any applicable statute of limitations.
A. 
Right to revoke or terminate. In addition to all other rights and powers of the City, the City may revoke a franchise and all rights and privileges of the cable operator in the event the cable operator:
(1) 
Violates any material provision of the franchise or any rule, order or determination of the City made pursuant thereto, where such violation remains uncured for a period of at least 30 days following written notice to the cable operator by the City that such violation is deemed to exist; unless cure is not feasible in such time period, in which event the parties shall meet and agree to a cure schedule;
(2) 
Attempts to evade any material provision of the franchise or practices any fraud or deceit upon the City; or
(3) 
Arbitrarily ceases to provide cable service over the cable system or fails to restore cable service after 96 consecutive hours of interrupted service, except in cases of force majeure or when approval of such interruption is obtained from the City.
B. 
Procedures to revoke or terminate. The City shall follow the following procedures in revoking a franchise:
(1) 
The City shall provide to the cable operator the City's notice of intent to revoke the franchise. The written notice shall be sent by certified or overnight mail and shall describe in reasonable detail the specific violations of the franchise alleged to have occurred.
(2) 
The cable operator shall have 90 days from receipt of the City's notice to either correct the alleged violation or dispute the City's allegations. In the event that by nature of the alleged violations such violation cannot be cured within such ninety-day period, the parties shall meet and agree to a cure schedule.
(3) 
If the cable operator disputes the City's allegations, the City shall review the dispute and make its determination as to whether a violation has occurred.
(4) 
If the City continues to maintain that a violation did occur, the City shall notify the cable operator in writing. The cable operator shall then either remedy the violation within 90 days or notify the City in writing that the cable operator continues to dispute the allegations.
(5) 
Upon the cable operator's failure to remedy the violation within the time period prescribed or upon receipt of the cable operator's written position pursuant to Subsection B(4) above, the City may revoke the franchise by providing the cable operator written notice of revocation.
C. 
Public hearing. The City may conduct a public hearing on the revocation. The cable operator shall have the right to participate in such hearing, present witnesses, and the City shall issue a written determination of its findings. Such public hearing must take place no less than 30 days prior to the decision to revoke.
D. 
Judicial review. A cable operator shall have the right to seek judicial review of the City's determination to revoke.
If a cable operator ceases providing cable service in the City pursuant to 30-A M.R.S.A. § 3008(3)(B), the cable operator shall remove all of its supporting structures, poles, transmission and distribution systems, and other appurtenances, from the public ways and shall restore the areas consistent with the Public Ways Ordinance. If such removal is not completed within six months of such end of service, the City may deem any property not removed as having been abandoned. Upon written request of the cable operator, the City may waive this requirement for good cause shown.
Upon expiration and nonrenewal or revocation of a franchise, and exhaustion of all judicial appeals thereof, the franchise's corresponding cable system shall be disposed of according to 47 U.S.C. § 546 and the franchise.
A franchise shall not be amended or modified except by written agreement executed in the same manner as the franchise. Where applicable, the amendment shall be consistent with the provisions of 47 U.S.C. § 545.
A. 
Cable operator's right to transfer. A franchise and corresponding cable system may, collectively or concurrently, be sold, assigned or otherwise transferred (a "franchise transfer") in accordance with the procedure set forth in federal law and this Cable Ordinance.
B. 
Municipality's right to approve.
(1) 
Pursuant to 47 U.S.C. § 537, the City reserves its right to approve or disapprove any franchise transfer. The City's approval shall not be unreasonably withheld.
(2) 
A transfer or assignment of a franchise or control thereof between commonly controlled entities, between affiliated companies or between a parent and subsidiary corporation shall not constitute a transfer or assignment of a franchise or control thereof. An "affiliated company" is any person that directly or indirectly through one or more intermediaries controls is controlled by, or is under common control with, another person.
C. 
Notice to municipality. A cable operator shall provide to written notice to the City of a proposed franchise transfer ("franchise transfer notice"). The contents of a franchise transfer notice shall include:
(1) 
FCC Form 394, or successor form, and all identified attachments; and
(2) 
Certification by the transferee that it will accept the provisions of the cable operator's franchise for the remainder of the franchise's term.
D. 
Time to review. The City shall have 120 days from receipt of a franchise transfer notice to take action on the proposed franchise transfer. If the City fails to act upon a franchise transfer notice within 120 days, the franchise transfer notice shall be deemed granted unless the City and requesting cable operator otherwise agree to an extension of time.
E. 
Public hearing. The City may conduct a public hearing on a proposed franchise transfer no later than 90 days after receipt of a franchise transfer notice.
F. 
No waiver or release. The consent or approval of the City to any franchise transfer shall not constitute a waiver or release of the rights of the City and shall, by its terms, be expressly subordinate to the terms and conditions of a transferred franchise.