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.
The City reserves the right to regulate the rates of every cable
operator to the extent permitted by applicable law.
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.