[HISTORY: Adopted by the Town
Board of the Town of Monroe 12-7-1961 by resolution. Amendments noted where applicable.]
There is hereby granted to Better TV of Orange
County, Inc., its successors and assigns[1], a nonexclusive franchise, permission and consent to install
and maintain cable lines within the limits of the Town of Monroe on
existing poles owned by the Highland Telephone Company and/or Orange
and Rockland Utilities, Inc., or on poles to be erected by said Better
TV of Orange County, Inc., for the purpose of receiving, amplifying
and distributing television and radio signals to those residents of
the Town of Monroe who desire such service, subject to the terms and
conditions appearing hereinafter.
[1]
Editor's Note: The rights of the franchise
have since been acquired by U.S. Cablevision Corp.
The said Better TV of Orange County, Inc., shall
procure the necessary permission, consents, licenses or rights-of-way
from the Highland Telephone Company and/or Orange and Rockland Utilities,
Inc., for the use of their poles, towers and other apparatus.
All town highways, roads, streets and sidewalks
disturbed or damaged in the construction or maintenance of said cable
lines and/or other apparatus shall be promptly repaired by Better
TV of Orange County, Inc., at its own expense and to the satisfaction
of the Superintendent of Highways of the Town of Monroe.
This franchise shall be subject to the Zoning
Ordinance of the Town of Monroe, Subdivision Regulations of the Town
of Monroe[1] and all other ordinances now in force or that may hereafter
be enacted relating to the use of the highways, streets and roads
of the Town of Monroe.
Said franchise shall be for a period of 25 years
unless sooner terminated.
All poles to be erected by or for Better TV
of Orange County, Inc., on the streets, highways and public places
of the town shall be so constructed as not to impede or obstruct traffic,
and their construction, installation and location shall be approved
by the Superintendent of Highways of the Town of Monroe.
Better TV of Orange County, Inc., shall at all
times save and keep harmless and fully indemnify the Town of Monroe
and any successor municipality from any and all losses, liability
or damage in any manner arising hereunder or from any negligence,
fault or misconduct on the part of the said Better TV of Orange County,
Inc., its officers or agents, servants and/or employees, or from any
failure on its or their part to comply with the conditions of this
franchise.
Better TV of Orange County, Inc., shall at all
times after the effective date of this franchise keep in effect the
following type of insurance coverage, for which certificates evidencing
the same shall be promptly delivered to the Town Clerk.
A.
Workmen's compensation upon its employees engaged
in any manner on the construction or servicing of its cables, equipment
or other apparatus in the Town of Monroe.
B.
Public liability in the total amount of not less than
$300,000/$500,000, insuring Better TV of Orange County, Inc., and
the Town of Monroe and its successor municipalities against liability
for personal injury or death or property damage within the Town of
Monroe.
This franchise, permission and consent shall
be effective 30 days after its publication, at the expense of Better
TV of Orange County, Inc., in the official newspaper of the Town of
Monroe, with notice hereof in form satisfactory to the attorney for
the Town of Monroe.
In the event that Better TV of Orange County,
Inc., shall not receive, amplify or distribute television and/or radio
signals within the Town of Monroe by the seventh day of December 1966,
this franchise, permission and consent may be revoked.
The Town of Monroe specifically reserves the
right:
[Added 8-2-1976]
The rates to be charged for cable television
service in the town shall not exceed those set forth on Schedule A
annexed hereto.[1]
[1]
Editor's Note: Schedule A is on file in the
office of the Town Clerk.
[Added 8-2-1976]
Any company who is operating under the terms
of the franchise shall, upon resolution of the Town Board, extend
its service to any area of the town contiguous to an energized cable
operated by said company, provided that:
A.
Not less than 60 dwelling units may be passed by each
mile of aerial cable required to provide the service, including that
cable needed to connect to a suitable feed point at the energized
cable, or
B.
There are 30 bona fide subscribers for each mile of
aerial cable needed to provide the requested service, including the
cable needed to connect to a suitable feed point at the energized
cable. A bona fide subscriber shall be any person living within the
proposed service area who places with the company a deposit equal
to the single set installation fee set forth herein.[1] Such deposits shall be held in trust by the company and
shall be returned to the subscriber if the area is not served because
of lack of subscribers or otherwise within one year of making the
deposit. In the event that service to the area is effected within
one year, then the deposit shall be credited to the customer's account.
If the area shall be served within the aforesaid one year's time and
the subscriber fails to agree to connect to the cable within 90 days
of being notified of the availability of service, that subscriber's
deposit will be forfeited to the company.
[1]
Editor's Note: The fee referred to is set
forth in Schedule A, which is on file in the office of the Town Clerk.
C.
In areas where underground installation is required by law, the same criteria as set forth in Subsections A and B shall be applied, except that the difference between the estimated cost of the underground installation and the estimated current cost of the equivalent amount of aerial cable shall be borne by the developer or by those subscribers directly benefiting from the service, and an added deposit shall be required which shall be that difference proportioned among those desiring and those benefiting from the service.
D.
The town shall have the option of ordering extension
of service into any area not meeting the foregoing criteria; provided,
however, that any such extension of service shall be on a basis which
is fairly and reasonably compensatory to the company. Such extension
shall be predicated upon a rate increase not to exceed an amount necessary
to sustain the cost of construction or upon such other basis, such
as individual installation charges or contributions in aid of construction,
as shall be agreed upon by the town and the company.
E.
In the event that the New York State Commission on
Cable Television promulgates rules and regulations concerning line
extensions, then those rules shall apply if they allow the town to
order line extensions on a less limited basis.
[Added 8-2-1976]
Any company who is operating under the terms
of the franchise shall pay to the town annually a sum equal to 3%
of gross subscriber revenues, as described by the Federal Communications
Commission, received by the company for regular cable television service
provided to subscribers within the Town of Monroe exclusive of the
lands within the Village of Monroe and the Village of Harriman. Should
a fee payment be required by any state agency now or subsequently
charged with the regulation of cable television, the fee provided
for herein and the fee payable to said state agency, when added together,
shall not exceed the maximum amount permitted by applicable federal
law, rules or regulations. Said fee shall be paid on or before the
15th of each January succeeding the year of such operation.
