A.
This franchise agreement (this "franchise") is between
the Town of Selbyville, hereinafter referred to as "franchising authority,"
and Mediacom of Lower Delaware/Maryland, hereinafter referred to as "grantee."
B.
The franchising authority, having determined that the
financial, legal and technical ability of the grantee is reasonably sufficient
to provide services, facilities and equipment necessary to meet the future
cable-related needs of the community, desires to enter into this franchise
agreement with the grantee for the construction and operation of a cable system
on the terms set forth herein.
For the purpose of this franchise, the following terms, phrases, words
and abbreviations shall have the meanings ascribed to them below. When not
inconsistent with the context, words used in the present tense include the
future tense, words in the plural number include the singular number, and
words in the singular number include the plural number:
The lowest priced tier of service that includes the retransmission
of local broadcast television signals.
The Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992, as amended by the Telecommunications
Act of 1996.
The one-way transmission to subscribers of video and video-related
programming.
A facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide
cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
A facility that serves subscribers without using any public way;
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Cable Act, except that such facility
shall be considered a cable system [other than for purposes of Section 621(c)]
to the extent such facility is used in transmission of video programming directly
to subscribers unless the extent of such use is solely to provide interactive
on-demand services;
An open video system that complies with Section 653 of Title VI of the
Cable Act; or
Any facilities of any electric utility used solely for operating its
electric utility system.
The Federal Communications Commission, or successor governmental
entity thereto.
The initial authorization, or renewal thereof, issued by the franchising
authority, whether such authorization is designated as a franchise, permit,
license, resolution, contract, certificate or otherwise, which authorizes
construction and operation of the cable system.
The Town of Selbyville or the lawful successor, transferee or assignee
thereof.
Mediacom of Lower Delaware/Maryland, or the lawful successor, transferee
or assignee thereof.
Any revenue received by the grantee from the operation of the cable
system to provide cable services in the service area; provided, however, that
such phrase shall not include any fees or taxes which are imposed directly
or indirectly on any subscriber thereof by any governmental unit or agency,
and which are collected by the grantee on behalf of such governmental unit
or agency.
An individual, partnership, association, joint-stock company, trust,
corporation or governmental entity.
The surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway,
way, lane, public way, drive, circle or other public right-of-way, including,
but not limited to, public utility easements, dedicated utility strips or
rights-of-way dedicated for compatible uses and any temporary or permanent
fixtures or improvements located thereon now or hereafter held by the franchising
authority in the service area which shall entitle the franchising authority
and the grantee to the use thereof for the purpose of installing, operating,
repairing and maintaining the cable system. Public way shall also mean any
easement now or hereafter held by the franchising authority within the service
area for the purpose of public travel, or for utility or public service use
dedicated for compatible uses, and shall include other easements or rights-of-way
as shall within their proper use and meaning entitle the franchising authority
and the grantee to the use thereof for the purposes of installing and operating
the grantee's cable system over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachments and other property as
may be ordinarily necessary and pertinent to the cable system.
The present municipal boundaries of the franchising authority, and
shall include any additions thereto by annexation or other legal means.
A person who lawfully receives services of the cable system with
the grantee's express permission.
