[HISTORY: Adopted by the Mayor and Council
of the Town of Sykesville 11-9-1982 by Ord. No. 129. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any of the following:
Such video services as the transmission of all
leased access signals not included in basic subscriber service, as
well as the transmission of cablecast video advertising messages and
pay television signals;
Such audio services as the retransmission of
cablecast AM or FM signals, the transmission of cablecast radio advertising
messages, as permitted by the FCC;
Such digital services as the transmission of
digital signals including, but not limited to, two-way signals, computer
signals, signals associated with fire and burglar alarm services,
signals associated with home shopping, remote medical diagnosis, utility
equipment monitoring, and similar services; and
Services not involving the transmission of signals,
including rental of equipment, training services, and all other services
which may be provided by the franchisee to programmers or subscribers.
All subscriber services provided by the company in one or
more service tiers, including the delivery of broadcast signals, access
channels and origination channels, covered by a regular monthly charge
paid by all subscribers to a particular service tier, excluding optional
services for which a separate per-channel or per-program charge is
made. Home security service, data retrieval or other such auxiliary
services shall not be considered part of basic service.
A television or radio signal that is transmitted over the
air and is received by a cable television system off the air, by satellite,
by microwave, or by direct connection to a broadcasting station.
Any and all cash, credits, property or other consideration
of any kind or nature, and all of the amounts earned or accrued, arising
from, attributable to, or in any way derived directly or indirectly
by franchisee, or an entity in any way affiliated with franchisee,
in whatever form and from all sources which are in connection with
or attributable to the operation of the cable television system within
franchisors' corporate boundaries or franchisee's provision of cable
services within franchisors' corporate boundaries.
[Amended 3-12-1984 by Ord. No. 135; 5-8-2000 by Ord. No. 218]
Cable gross revenues shall include, without
limitation, all subscriber and customer fees and revenues earned or
accrued net of bad debts, including fees and revenues for basic cable
services; additional tiers; premium cable services; late charges;
pay per view; program guides; installation, disconnection, reconnection,
change in service or service call fees; fees for the provision, sale,
rental, or lease of converters, remote controls, additional outlets
and other customer premises equipment; late fees and administrative
fees; barter; revenues from the sale or carriage of other cable-related
services; fees paid by subscribers; revenues from the use of leased
access channels; advertising revenues from the system; and revenues
and compensation from home shopping programming. Cable gross revenues
shall not include the value of free services not required by the franchise
agreement; nor any taxes on services furnished by franchisors, or
other governmental unit and which are collected by franchisee on behalf
of said governmental unit. A franchise fee is not such a tax.
Advertising revenues and other revenues whose
sources cannot be identified with a specific subscriber shall be allocated
to franchisors based upon the percentage of subscribers residing in
the franchise area compared to that served from the head end serving
each franchisor.
All amounts earned or accrued from Internet
service and/or other interactive cable services shall be included
in cable gross revenues.
A system of antennas, cables, wires, lines, towers, waveguides,
or other conductors, converters, equipment or facilities, designed
and constructed for the purpose of producing, receiving, transmitting,
amplifying and distributing audio, video and other forms of electronic
or electrical signals, located in the Town. Said definition shall
not include any such facility that serves or will serve only subscribers
in one or more multiple unit dwellings under common ownership, control
or management, which does not use the Town's rights-of-way.
A signal that is transmitted by a cable television system,
including microwave links, and is not involved in a broadcast transmission
path.
A bank of frequencies, six megahertz wide, in the electromagnetic
spectrum capable of carrying either one audio-visual television signal
and a few nonvideo signals or a large number of nonvideo signals.[2]
A subscriber who receives a service in a place of business,
where the service may be utilized in connection with a business, trade
or profession or institution.
Any provider of a cable television system.
An electronic device which converts signals to a frequency
not susceptible to interference within the TV receiver of a subscriber,
and by an appropriate channel selector which also permits a subscriber
to view all signals delivered at designated dial locations.
The Mayor and Council of the Town of Sykesville, Maryland.
Any channel where educational authorities are the designated
programmers.
The Federal Communications Commission.
Any provider of a cable communications system which receives
a franchise pursuant to this chapter.
The separate agreement by which a franchise is granted to
a franchisee, pursuant to this chapter.
Any channel available for lease, at fair and nondiscriminatory
rates, or a first-come-first-served basis, including those portions
of the other access channels not in use by their designated programmers.
Any channel where the Council or other local governments
or agencies are the designated programmers.
Any channel where the franchisee is the programmer.
Observing a communications signal, or the absence of a signal,
where the observer is neither the subscriber or the programmer, whether
the signal is observed by visual or electronic means, for any purpose
whatsoever, provided that "monitoring" shall not include system-wide,
nonindividually addressed sweeps of the system for purposes of verifying
system integrity, controlling return path transmissions, or billing
for pay services. Monitoring does not include tapping as herein defined.
The delivery to subscribers, over the cable communications
system, or television signals for a fee or charge to subscribers over
and above the charge for basic subscriber service, on a per-program,
per-channel, or other subscription basis.
The same as "secure channel". (See below.)
Any person, firm, corporation, institution or entity who
or which produces or otherwise provides program material for transmission
by video, audio, digital, or other signals either live or from recorded
tapes or films, or by other means to subscriber, by means of the cable
communications system.
Any channel where any member of the general public may be
a programmer, on a first-come-first-served, nondiscriminatory basis.
The surface of and the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement, public utility, and any other public ground
or water subject to the jurisdiction and control of the Town of Sykesville.
A subscriber who receives a service in an individual dwelling
unit, where the service is not to be utilized in connection with a
business, trade, profession or institution.
Any channel so arranged electronically as to be available
only to subscribers who possess special decoding equipment in order
to receive a usable signal.
The geographic area in which the franchisee provides CATV
service.
Any person, firm, institution, corporation or other entity
who or which elects to receive, for any purpose, a service provided
by the franchisee by means of or in connection with the cable television
system.
Each extension wiring from the franchisee's distribution
lines to a subscriber point of use.
Observing a two-way communications signal exchange whether
the communications signal exchange is observed by visual or electronic
means, for any purpose whatsoever, without the consent of all parties
to the communication, subject, however, to the authority provided
pursuant to Courts and Judicial Proceedings Article, § 10-401
et seq., of the Annotated Code of Maryland to intercept communications.
Any and all compensation and other consideration collected
or received or in any manner gained or derived by a franchisee from
the operation of its CATV service within the service area of the Town.
The Town of Sykesville, Maryland, a Maryland municipal corporation
and all the territory now or hereafter acquired or annexed, within
its territorial corporate limits, as set forth in the Charter of the
Town.
The person, department, committee or agency designated by
the Council to act for it in certain matters relating to cable television;
or, if designated by the Council, the Council itself.
The Town Administrator of the Town of Sykesville, Maryland.
[Added 6-11-2007 by Ord. No. 268]
The Town shall advertise for application for
a CATV franchise(s) in local newspapers having general circulation
and in one or more national cable industry publications. The written
application for a franchise submitted to the Council shall contain
the following information:
A.
The name, address and form of business of the applicant.
If the applicant is a corporation, it shall also state the percentage
of ownership, and the names, address and occupations of its officers,
directors and major stockholders (5% or more), and the names and addresses
of any parent or subsidiary companies. If applicant is a corporation
controlled by another corporation, the names, addresses and occupations
of the officers, directors and major stockholders (owner of 5% or
more) of the controlling corporation shall also be stated. If the
applicant is a partnership or other unincorporated association, the
percentage of ownership and the name and address of each member, whether
active or inactive, shall be set forth, and if one or more partners
are corporations, the names, addresses and occupations of such corporation's
officers, directors and major stockholders shall also be stated. It
shall also specify the names and technical and professional qualifications
and career backgrounds of the persons who will manage the system proposed
by the applicant.
B.
A list of all other cable television systems, if any,
in which the applicant (or any partner or major stockholder of applicant)
has substantial interest (5% or more), stating the location, approximate
number of homes served, the name and address of the local franchising
body.
C.
A thorough description of the proposed cable television
system to be installed and operated and the time schedule for such
installation, and the manner in which the applicant proposes to conduct,
install, maintain and operate the same. The description shall contain
sufficient technical detail to enable the Council to make a determination
as to whether the proposed system is technically equal to or superior
to that proposed by other applicants.
D.
A schedule of proposed rates and charges to all classes
of subscribers for both installation and monthly service.
E.
A statement setting forth all agreements and understandings,
whether written, oral or implied, existing between the applicant and
any person, firm or corporation with respect to the proposed franchise
or the proposed CATV operation. If a franchise is granted hereafter
to a person, firm or corporation posing as a front or as the representative
of another person, firm or corporation, and such information is not
disclosed in the original application, such franchise shall be forfeited
and the franchisee shall forfeit all revenues and any bond to the
Town.
F.
A financial statement prepared by a certified public
accountant, or person otherwise satisfactory to the Council, and/or
such other financial documents as may be required by the Council,
showing applicant's financial status and his financial ability to
complete the construction and installation of the approved CATV system.
Such statements shall include, in addition to the foregoing, a responsible
estimate of the costs of construction and installation of such CATV
system and a detailed statement of the financing of such costs, the
amount of borrowed funds, if any, which may be required and including
the source and availability thereof.
G.
The Council may at any time demand, and applicant
shall provide, such supplementary, additional or other information
as the Council deems reasonably necessary to show the applicant's
true ownership and control and financial, technical and character
qualifications.
H.
The applicant shall specifically set forth that it
will comply with each of the provisions of this chapter and/or Town
rules and regulations related thereto.
I.
The applicant may submit any other information it
feels relevant or that will enhance its proposal.
J.
The applicant will accompany its application with
a cash deposit or certified check as specified in the request for
proposal, payable to the Town which sum shall be returned (without
interest) to the applicant if it is not successful in being awarded
a franchise. In the event the applicant is successful, the said deposit
shall be returned (without interest) to the applicant at the time
the franchise is accepted by the applicant and a performance bond,
as hereafter required, is filed with the Town; provided, however,
that, if a franchise is awarded and not accepted within 60 days of
the award, or the performance bond is not filed within that time,
said deposit shall be forfeited to the Town as liquidated damages,
and the Council shall have no further obligation to the applicant.
K.
In addition to the deposit mentioned in Subsection J above, the applicant will accompany the application with a check made payable to the Town in the amount of not less than $1,000 to help defray the administrative costs involved in the processing of applications. No part of this sum shall be refundable. In addition, the successful bidder shall remit to the Town the difference between the aggregate of application deposits received and the actual prefranchise award administrative costs incurred by the Town if any. Payment must be received by the Town prior to its execution of the franchise agreement.
A.
The Council reserves the right to reject any or all
applications. The Council, following the receipt of application(s)
may hold a public hearing to hear comments on the application(s),
may give the public 30 days advance notice of any such hearing by
publishing the notice in a newspaper of general circulation in Carroll
County. At such public hearing, if any, the applicant(s) shall be
requested to make a presentation and answer questions propounded by
the public or Council relating to any aspect of their application.
[Amended 3-12-1984 by Ord. No. 135]
B.
Following the public hearing(s), although not necessarily
on the same date(s), the Council may reject any or all applications
or take such action empowered to it by law.
C.
By resolution, the Council may grant a franchise for
a CATV system to any such applicant(s) as may appear from said application(s)
to be, in the Council's opinion, best qualified to render proper and
efficient CATV service to television viewers and subscribers in the
service area. If favorably considered, the application submitted shall
constitute and form part of the franchise agreement, except as otherwise
indicated in the franchise agreement.
A.
General provisions. Every franchisee granted pursuant
to this chapter shall be subject to the following:
(1)
Federal, state and local laws, rules and regulations,
ordinances and resolutions, including those governing the monitoring
and tapping of cablecast signal and the penalties for violation thereof.
(2)
Any franchise granted hereunder shall be subject to
the right of the Council:
(a)
To terminate the same for misuse, or failure to comply
with any material provisions of this chapter, or any federal, state
or local laws, ordinances, rules or regulations.
(b)
To require proper and adequate extension of plant,
service and maintenance thereof at the highest practicable standards
consistent with the current state of the art.
(c)
To control and regulate the use of its streets, alleys,
bridges and public places and the space above and beneath them. Each
franchisee shall pay such part of the cost of improvement or maintenance
of streets, alleys, bridges and public places, as shall arise from
the franchisee's use thereof and shall protect and save the county,
Town, the Council, their agents, employees and servants harmless from
all claims and/or damages arising from said use.
(d)
To require joint use of the property and appurtenances
of each franchisee located in the streets, alleys and public places
of the Town, by the Council and insofar as such joint use may be reasonable
and practicable.
(e)
Through its appropriately designated representatives,
to inspect all construction or installation work performed subject
to the provisions of the franchise agreement, and this chapter and
any amendments, rule or regulation thereunder and make such inspections
as it shall feel necessary to insure compliance therewith. However,
the franchise shall remain primarily responsible for design and installation
and for compliance with all requirements.
(f)
To require, at the expiration of the term for which
this franchise is granted or upon the termination and cancellation
as provided herein, the franchisee to remove, at its own expense any
and all portions of the CATV system from the public ways within the
service area within a reasonable period of time, as established by
the Council.
(3)
The franchise shall not be transferred or assigned,
either in whole or in part, or leased, sublet, or mortgaged in any
manner, nor shall title thereto, either legal or equitable, or any
right, interest or property therein, pass to or vest in any person,
corporation, association or other entity either by act of the franchisee
or by operation of law, without the written consent of the Council
and under such terms and conditions as the Council may require after
formal Council action.
(4)
Prior approval of the Council (following formal Council
action) shall be required where control of more than 25% of the franchisee
is proposed to be acquired by a person, partnership, association,
corporation or group of persons acting in concert, none of whom own
or control 25% or more of such right of control, singularly or collectively
at the time the franchise is granted. By its acceptance of a franchise,
the franchisee specifically acknowledges and agrees that any such
acquisition occurring without prior approval of the Council shall
constitute a material violation of a franchise.
(5)
The franchise shall be nonexclusive and shall be for
terms of up to 15 years which may be renewed under such conditions
as may be in effect at that time.
[Amended 5-8-2000 by Ord. No. 218]
(6)
Unless waived by the Council in writing, the franchisee
shall be bound and governed by the rules and regulations contained
in the FCC Cable TV Report and Order as set out in 47 CFR Part 76
(1972) and applicable FCC regulations, except as otherwise modified
by this chapter as well as applicable local and state laws, ordinances
and regulations.
(7)
Selling of lists; monitoring; tapping.
(a)
The company, or any of its agents or employees, shall
not sell, or otherwise make available to any party, lists of the names
and addresses of subscribers, or any list which identifies the viewing
habits of individual subscribers, subject, however, to the right of
the Town agency to audit the records of the franchise to establish
compliance with the agreement of the franchisee and the Town. This
section does not prohibit the company from providing composite ratings
of subscriber viewing to any party.
(b)
No signals transmitted from a subscriber terminal
shall be monitored by the company in order to determine patterns or
practices without the express written permission of the subscriber.
The request for such permission shall be contained in a separate document
with a prominent statement that the subscriber is authorizing the
permission in full knowledge of its provisions. Such written permission
shall be for a limited period of time not to exceed one year, which
shall be renewable at the option of the subscriber. No penalty shall
be invoked for a subscriber's failure to provide or renew such an
authorization. (This statement must be in authorization.) The authorization
shall be revocable at any time by the subscriber without penalty of
any kind whatsoever. Such authorization is required for each type
or classification of cable television activity planned; provided,
however, that the company shall be entitled to conduct system-wide
or individually addressed "sweeps" for the purpose of verifying system
integrity, controlling return-path transmission, or billing for pay
services.
(8)
The application of the franchise shall be incorporated
by reference in the franchise agreement. The franchise agreement shall
contain such further conditions or provisions as may be negotiated
by the Council and the franchisee. In case of conflict or ambiguity
between any terms or provisions of the franchise agreement and this
chapter, the terms of the franchise agreement shall control if otherwise
permitted by law.
[Amended 3-12-1984 by Ord. No. 135]
(9)
Detailed plans and specifications for the installation
of works of improvements authorized herein shall first be approved
by the Town of Sykesville or its authorized agents during construction
to ensure quality control and compliance to plans, specifications
and applicable costs.
[Amended 5-8-2000 by Ord. No. 218]
(10)
Use of existing facilities.
(a)
The franchisee shall, when and where practicable,
lease, rent, or in any other lawful manner, obtain the use of towers,
poles, conduits, lines, cables and other equipment and facilities,
from present holders of public licenses and franchises within the
corporate limits of the Town, and said towers, poles, conduits, lines,
cables, and other equipment and facilities on such terms as agreed,
subject to all existing and future ordinances and regulations of the
county. Copies of all agreements with such public utilities operating
within the Town shall be placed on file in the office of the Town
agency immediately upon their execution. [1]
(b)
Wherever such facilities are not reasonably available from the sources specified in Subsection A hereof, the franchisee shall have the right to erect and maintain its own poles, conduits and related facilities as may be necessary for the proper construction and maintenance of its cable television distribution system, subject to applicable laws, ordinances and regulations and restrictions of titles.
(11)
Placement and relocation of equipment; road work;
restoration of pavement; tree trimming.
(a)
All transmission and distribution structures,
lines and equipment erected by the franchisee within the City shall
be so located as to cause minimum interference with the proper uses
of streets, alleys and of the public ways and places, and to cause
minimum interference with the rights or reasonable convenience of
property owners who adjoin any of the said streets, alleys, or other
public ways and places. Any opening or obstruction in the streets
or other public places made by the franchisee in the course of its
operations shall be guarded and protected at all times by the placement
of adequate barriers, fences or boardings, the bounds of which, during
periods of dusk and darkness, shall be clearly designated by warning
lights.
(b)
In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the franchisee shall, at its own cost
and expense and in a manner authorized by the Town replace and restore
all paving, sidewalk, driveway or surface of any street or alley disturbed,
in as good condition as before said work was commenced, and shall
maintain the restoration in an approved condition.
(c)
In the event that at any time during the period
of this franchise the Town shall lawfully elect to alter, or change
the grade of any public street, water main or sewer mains, the franchisee
upon reasonable notice by the Town shall remove, relay, and relocate
its poles, wires, cables, underground conduits, manholes and other
telephone fixtures at its own expense.
(d)
The franchisee shall not place new poles or
other fixtures where the same will interfere with any gas, electric
or telephone fixtures, water hydrant or main, sewer main, sewer and
water services, or other fixtures placed in any street and shall,
where practicable, be placed at the outer edge of the sidewalk and
inside the curb line, and those placed in alleys shall be placed close
to the line of the lot abutting on said alley, and then in such a
manner as not to interfere with the usual travel on said public streets.
(e)
The franchisee shall, upon the request of any
person holding a building moving permit, temporarily raise or lower
its wires to permit the moving of buildings. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting the same, and the franchisee shall have the authority to
require such payment in advance. The franchisee shall be given no
less than 48 hours advance notice to arrange for such temporary wire
changes.
(f)
The franchisee shall be required to trim trees
upon and overhanging streets, alleys, sidewalks and public places
of the Town so as to prevent the branches of such trees from coming
in contact with the wires and cables of the franchisee, all trimming
to be done at the expense of the franchisee.
(12)
The construction and maintenance of the cable television
system, including house connections, shall be in accordance with the
provisions of the Electrical Code currently in effect in the Town
and such applicable laws and regulations of the Town, county, State
of Maryland, and of the United States, affecting such installations,
which may be presently in effect or may be from time to time in the
future in effect, including a securing of all permits for such construction
and maintenance required by applicable law. All structures, equipment,
lines and connections shall be of permanent nature, durable, and installed
in accordance with good engineering practice, and maintained in a
safe, suitable and substantial condition in good order and repair
wherever situated or located. [2]
(13)
Copies of all petitions, applications and communications
by or to the franchisee involving the Federal Communications Commission,
Securities and Exchange Commission, or any other state or county or
Town regulatory commission or agency or department having jurisdiction
in respect to any matters affecting the franchisee shall also be furnished
simultaneously to the Town agency by the franchisee.
(14)
The franchisee or applicant for franchise shall have
all necessary permits and authorizations required in the conduct of
its business.
(15)
Upon granting of any franchise as herein contemplated,
the franchisee shall, throughout the life of such franchise, keep
the Town agency, fully informed with respect to the matters specified
below, and the failure to disclose such information during the life
of such franchise shall be considered a material violation of the
franchise, and subject such franchisee, at the discretion of the Council,
to suspension or termination.
(a)
Each franchisee shall allow the Town agency
to audit all of its accounting and financial records upon reasonable
notice; make available all of its plans, contracts, and engineering,
statistical, customer and service records relating to its system and
to all other records required to be kept hereunder; and at all times
maintain complete and accurate books of accounts, records of its business
and operations, and all other records required by this specification.
(b)
Each franchisee shall file annually with the
Town agency a report indicating all persons who, at any time during
the preceding year, did control an interest in the franchise of _____
% or more setting forth for each the extent of this interest and all
creditors, secured and unsecured, in excess of $1,000 setting forth
for each the amounts owed.
(c)
Each franchisee shall annually file a report
detailing maintenance, state of the art improvements, signal strength
and signal quality at the subscriber end of the system.
(d)
Each franchisee shall also file annually such
other information concerning its operating as may be required by the
Town agency or Council. The Council shall retain, throughout the life
of any franchise given in pursuance of this chapter, the right to
demand such supplemental, additional or other information as above
noted, and upon proof of the failure to supply such information upon
reasonable demand, the franchise under which any applicant may be
operating may, at the option of the Council, be suspended upon order
of the Council until such information is forthcoming.
(e)
Each franchisee shall file a plan on an annual
basis showing its plans for extending its service to those parts of
the service area unserved at that time.
B.
Number of channels. The franchisee's distribution
system shall be capable of carrying all AM, FM and TV signals originated
in the Washington, Baltimore and Harrisburg areas required or allowed
to be carried by the FCC. The system capacity in the forward path
shall be at least 25 channels. The system shall have the capability
of providing simultaneous reverse direction signals for digital, audio
and video signal transmission on all elements of the system when and
as allowed by the FCC.
(1)
The antenna, receiving and distribution equipment
shall be installed and maintained so as to provide pictures on subscriber
receivers throughout the system essentially of the same quality as
those received at the antenna site.
(2)
Installation and maintenance of equipment shall be
such that standard NTSC color signals shall be transmitted with full
fidelity to any subscriber color receiver. The franchisee shall maintain
its service in accordance with such reasonable standards regarding
uniformity of transmission, noise levels, channel signal, voltages
as may from time to time be established.
(3)
Whenever it is necessary to shut off or interrupt
service for the purpose of making repairs, adjustments or installations,
the franchisee shall do so at times as will cause the least amount
of inconvenience to its customers, and unless such interruption is
unforeseen and immediately necessary, it shall give reasonable notice
thereof to its customers.
C.
Use of channels.
[Amended 5-8-2000 by Ord. No. 218]
(1)
There shall be at least three channels designated
as public channels, one for public access, one for local government
access and one for education access, as defined elsewhere herein.
(2)
Pay TV shall be allowed on secure channels only. Advertising
shall be allowed subject to restrictions imposed by FCC or other applicable
rules or regulations.
(3)
The franchisee is prohibited from censoring any program
which is cablecast over public channels except such censoring as is
required by FCC or other applicable rules and regulations.
(4)
Charges made by the franchisee to a programmer, except
for public channels, shall be based upon the fair market value of
the service and no other criteria. A franchisee is prohibited from
unlawfully discriminating among users or in favor of himself.
(5)
The educational, government and public access channels
shall be made available free of charge; however, charges for equipment,
personnel and production of public access programming shall be reasonable
and consistent with the goal of affording users a low-cost means of
television access. No equipment, personnel or production charges shall
be made for live public access programs not exceeding five minutes
in length per day.
(6)
The system shall be engineered to provide an audio
alert system to allow authorized officials as designated by the Council
to automatically over-ride the audio signal on all channels and transmit
and report emergency information.
D.
Subscriber equipment. The franchisee shall provide
every subscriber with all equipment necessary for reception on the
subscriber's set of channels to which he has subscribed; however,
a provision shall be made in the rate schedule whereby the subscriber
charge shall be less if the subscriber furnishes a converter.
E.
State of the art. The franchisee shall continually
upgrade its facilities, equipment and service so that its system is
as advanced as the current state of technology will allow. Compliance
with the provision shall be determined by the agency.
F.
Public service installations and basic service. The
franchisee shall provide one free installation and free basic service
at all municipal buildings, police stations, fire stations, schools,
hospitals, jail and libraries within the service area. Such installations
shall be made at such reasonable locations as shall be requested by
the respective units of government or education institutions. Any
charge for relocation of such installations shall, however, be charged
at actual costs. Additional installations at the same location may
be made at cost plus 10%. No monthly service charges shall be made
for distribution of the franchisee's signals within such publicly
owned buildings.
G.
Other business activities. In the conduct of the business
franchised hereunder, neither the franchisee nor its officers, employees,
or agents shall sell, repair or install, or recommend the sale, repair
or installation of radio or television receivers; provided, however,
that nothing herein shall be deemed to prohibit franchisee, at customer's
request and without payment, from examining and adjusting a customer’s
receiver set to determine whether reception difficulties originate
in said set or in franchisee’s system. The franchise granted
pursuant hereto authorizes only the operation of a system as provided
for herein, and does not take the place of any other franchise, license
or permit which might be required by law of the franchisee in order
to install its system.
H.
Interconnection. The franchisee shall be capable of
interconnecting its system or any part thereof with any other broadband
communications facility operating in the Town or county and/or the
adjacent jurisdictions. The interconnection shall be made within 60
days of an order by the Council to proceed, unless for good cause
shown by the franchisee, a reasonable time extension is granted by
the Town agency.
I.
Building apartments. No franchisee shall be required to pay any fee to the building owner(s) to provide cable television service to any member of the public in any privately owned buildings which are in the Town. Any disputes between franchisee and any building owner shall be heard at and resolved by a hearing by the Town agency. Each franchisee shall report to the Town agency any building owner who requests a fee from the franchisee as a condition for allowing the franchisee to install a cable system service in the building owner's building. A franchisee is expressly prohibited from entering into any agreement with an owner of a multiple dwelling unit, which would increase the rates, or increase or decrease services to a subscriber residing in the dwelling other than with medical organizations or education or charitable institutions; however, this shall not contravene the provision of Subsection F above.
J.
Repair. Any damage caused to the property of building
owners or users or any other person by the franchisee shall be repaired
by the franchisee.
K.
Removal of facilities upon request. Upon termination
of service to any subscriber, the franchisee shall promptly remove
all its facilities and equipment from the premises of such subscriber
upon his written request. Franchisee shall not charge a fee for same.
A.
Material and tapping violations.
(1)
Revocation or surrender of franchise; removal of equipment.
(a)
In the event of failure of the franchisee to commence
to render community television service to the residents of the service
area as contemplated and provided or by a franchise within a period
of 12 months from the date of the grant of a franchise, the Council
shall consider this as a material violation of the franchise and therefore
have the right to revoke this franchise and all rights of the franchisee
hereunder.
(b)
If the franchisee shall fail to comply with any of
the provisions of the ordinance, or default in any of its obligations,
except for causes beyond the reasonable control of the franchisee,
as heretofore provided and shall fail, within 30 days after written
notice from the Town to correct such default or noncompliance, the
Council shall consider this as a material violation of the franchise
and therefore have the right to revoke this franchise and all rights
of the franchisee hereunder.
(c)
Upon the termination of this franchise or any renewal
thereof, the franchisee shall remove its posts, poles, and all aboveground
equipment from the streets, lanes, sidewalks, highways, alleys, bridges
and other public places in the service area and shall restore such
streets, lanes, highways, sidewalks, alleys, bridges and other public
places to their original condition. Following termination of this
franchise, any property owned by the franchisee and not removed from
properties within six months from the termination date, will become
the property of the Town to do with as it may choose. Any cost occurring
to the Town in removing the franchisee's former possessions from Town
streets or land will be a claim against the franchisee.
(d)
The franchisee may surrender this franchise at any
time upon filing with the Town, a written notice of its intention
to do so, at least 60 days before the surrender date. On the surrender
date specified in such notice, all the rights and privileges, and
all of the obligations, duties and liabilities of the franchisee under
this chapter, shall cease and terminate, except that the franchisee
shall have an additional six months to remove its plant and equipment
from Town streets and all other public lands upon which it is located.
At the end of said six months, any property owned by the franchisee
and not removed from properties will become the property of the Town,
to do with as it may choose. Any costs occurring to the Town in removing
the franchisee's former possessions from Town streets or land will
be a claim against the franchisee.
(e)
Tapping shall constitute immediate grounds for the
revocation of the franchise. The prosecution of any person for tapping
shall not be a bar to the revocation of the franchise granted hereunder.
Upon an allegation that the franchisee has engaged in tapping, the
Council shall give notice to the franchisee that a hearing will be
conducted to consider whether or not franchisee has engaged in tapping.
At the hearing, the franchisee and any interested person may be heard
on the issue of whether or not the franchisee engaged in tapping.
Should the Council find in its discretion that the franchisee engaged
in tapping, the Council may suspend or revoke the franchise granted
hereunder.
(2)
In order that the Town, or its designee, may exercise
its option to take over the facilities and property of the system
as authorized herein upon expiration or forfeiture or revocation of
the rights and privileges of the franchisee, the franchisee shall
not make, execute or enter into any deed, deed of trust, mortgage,
contract, conditional sales contract, or any loan, lease pledge, sale
gift or any other agreement concerning any of the rights, facilities
or property, real or personal, of the system without prior approval
of the Council and upon the Council's determination that the transaction
proposed by the franchisee will not be harmful to the rights of the
Town under this franchise; provided, however, that this section shall
not apply to the disposition or replacement of worn out or obsolete
facilities or personal property in the normal course of carrying on
the CATV business, or to routine contractual relationships entered
into in the ordinary course of the cable business.
B.
The franchise herein granted shall, at the option
of the Council, cease and terminate upon the appointment of a receiver
or receivers or trustee or trustees to take over and conduct the business
of the franchisee whether in a receivership, reorganization, bankruptcy
or other similar action or proceeding. In the case of a foreclosure
or other judicial sale of the plant, property and equipment of the
franchisee, or any part thereof, including or excluding this franchise,
the Council may serve notice of termination upon the franchisee and
the successful bidder at such sale, in which event, the franchise
herein granted and all rights and privileges of the franchisee hereunder
shall cease and terminate 30 days after service of such notice, unless:
The franchisee shall not oppose intervention
by the Town in any suit or proceeding to which the franchisee is a
party.
A.
The franchisee shall maintain within 20 miles of the
service area, a local business office or designated agent for the
purpose of receiving and resolving all complaints regarding the quality
of service, equipment malfunctions and other similar matters.
B.
The franchisee shall provide a toll-free telephone
number at which subscribers may contact the franchisee or agent thereof
on a twenty-four-hour basis in the case of emergencies, and shall
list such number in the local telephone directory, and shall notify
its subscribers of such service.
C.
Complaints by subscribers may be filed with the franchisee
is writing or delivered to the franchisee orally in person or by means
of the telephone.
D.
Any complaints received from subscribers shall be
investigated by the franchisee and service restored at least within
48 hours of their receipt. In the event service is not restored within
48 hours, the subscriber shall be credited with a reduction in his
monthly payment for each full day or portion of a day that such service
is not restored by determining from the monthly charge the prorated
charge for each day's service, then multiplying said daily charge
by the number of days during which service was not wholly restored
and subtracting the result from the monthly charge.
E.
The franchisee shall keep a maintenance service log
that will indicate the nature of each complaint, the name of the employee
of the franchisee receiving the complaint, the date and time it was
received, the disposition of the complaint and the time and date thereof.
In said log the franchisee shall state the specific steps taken by
the company to remedy the complaint. This log shall be made available
for periodic inspection by the Town.
F.
The procedure for reporting and resolving complaints
shall be stated in writing by the franchisee to each subscriber at
the time of initial subscription to the cable system.
G.
The franchisee shall maintain the staff and facilities
needed to properly handle system maintenance and complaints.
H.
The franchisee shall maintain a duty roster of qualified
technicians to respond to complaints or malfunctions at other than
normal office hours.
A.
Liability and indemnification of the Town and Council.
The franchisee shall indemnify and hold harmless the Town and Council,
its agents, servants, officials and employees, at all times and specifically
agrees that it will pay all damages and costs which the Town or Council
or its agents, servants, officials or employees may be legally required
to pay arising from the franchise granted herein. Such damages and
penalties shall include, but not be limited to, damages arising out
of copyright infringements, and other damages arising out of the installation,
operation or maintenance of the CATV system authorized, allowed, or
prohibited by the franchise. In the event suit shall be filed against
the Town, Council or its agents, servants, officials or employees
either independently or jointly with the franchisee to recover for
any claim or damages, the franchisee, upon notice to it by the Council
shall defend the Council, Town, or its agents, servants, officials,
or employees, as the case may be, against the action and, in the event
of a final judgment being obtained against any of them, either independently
or jointly with the franchisee by reason of the acts of the franchisee,
the franchisee will pay said judgment and all costs and legal fees,
and hold the Town and Council, its agents, servants, officials and
employees harmless therefrom.
B.
Faithful performance bond. The franchisee shall, concurrently
with its acceptance of a franchise, file with the Town of Sykesville,
at franchisee's sole expense, a corporate surety bond with a responsible
company approved by the Town of Sykesville and licensed to do business
in Maryland, in the amount of not less than $100,000, renewable annually,
and conditioned upon the faithful performance of franchisee, and upon
the further condition that in the event franchisee shall fail to comply
with any one or more of the provisions of the franchise[e] agreement
or ordinance, there shall be recoverable, jointly and severally from
the principal and surety of such bond, any damages or losses suffered
by the Town of Sykesville or subscribers as a result thereof, including
the full amount of any compensation, indemnification or cost of removal
or abandonment of any property of the franchisee as prescribed hereby,
plus a reasonable allowance for attorney's fees and costs, said condition
to be a continuing obligation on the part of the franchisee to the
Town of Sykesville that may arise from the acceptance of the franchise
or its renewal or from the exercise of any privilege or right herein
granted. The bond shall provide that at least 30 days' prior written
notice of intention not to renew or to cancel or of any material change,
be given by the surety company by filing the same with the Town agency.
[Amended 5-8-2000 by Ord. No. 218]
C.
Insurance. Franchisee shall carry insurance in such
forms and in such companies as shall be approved by the Town agency,
such approval not to be unreasonably withheld, to protect the Town
of Sykesville, its agents, servants, officials and employees and the
franchisee from and against any and all claims, injury or damage.
The insurance policies and performance bonds obtained by the franchisee
in compliance with this and other sections shall be issued by a company,
or companies, acceptable to the Town agency and a current certificate
or certificates of insurance and bonding, along with written evidence
of payment of all required premiums, shall be filed and maintained
with the Town agency during the term of the franchise and prior to
the commencement of construction. Said policies shall name the Town
of Sykesville as an additional insured and shall contain a provision
that a written notice of cancellation or reduction in coverage of
said policy shall be delivered to the Town agency 30 days in advance
of the effective date thereof. The policies shall protect the Town
of Sykesville, its agents, servants, officials and employees and the
franchise from and against any and all claims, injury or damage to
persons or property both real and personal, caused by the construction,
erection, operation or maintenance of the system. The amount of such
insurance shall be in the discretion of the Town of Sykesville but
not be less than the amount set forth in the franchise agreement.
[Amended 5-8-2000 by Ord. No. 218]
D.
Workmen's compensation insurance shall also be provided
as required by the laws of the State of Maryland.
E.
Nonwaiver. Neither the provisions of the section,
nor any bonds accepted by the Council or Town agency pursuant hereto,
or any damage recovered by the Town thereunder, shall be construed
to excuse unfaithful performance by the franchisee or limit the liability
of the franchisee under this chapter or the franchise for damages,
either to the full amount of the bond or otherwise.
A.
The franchisee shall extend the installation of cables,
amplifiers, and related equipment throughout the area covered by the
franchise as rapidly as practicable. Service shall be extended throughout
the service area as soon as practicable or as directed by the Town
agency, but no later than one year following the issuance of the franchise.
B.
The franchisee shall file a map and program report
with the agency at the close of each calendar year, showing the exact
area of the Town being served by the cable television system and the
location and identification of major component parts of the system
and plans for future service extensions by year.
The franchisee shall receive no consideration
whatsoever from its subscribers for or in connection with its service
to its subscribers other than in accordance with this section, and
initial rates shall be established by agreement between the applicant
and the Council and shall be set forth in the franchise agreement.
Subscriber rates shall be at least as favorable as those offered by
the franchisee to other areas of the county; that is, if the franchisee
makes lower subscriber rates applicable elsewhere in the county, those
note rates shall become effective in the service area as of the date
of their applicability elsewhere in the county. To this connection,
the term "franchise" shall include any person, entity or firm that
is a subsidiary of the franchisee or part of its controlled group
as that term is used in the Internal Revenue Code.
A.
Rate schedule. An applicant for a franchise shall
include, as a minimum, in its application its proposed initial rates
and charges for the categories and types of service listed below.
The rates shall remain in effect for at least one year after commencement
of service in the Town. Thereafter, these rates shall be changed when
appropriate, in accordance with the provisions of this section:
B.
Advance charges. The franchisee shall be permitted
to require advance payment for installation fees and for one month's
advance service fee. The franchisee shall require no other deposit,
advance payment or penalty from any subscriber or potential subscriber
without prior approval of the Town agency.
C.
Rate change procedures and requests for rate increases.
(1)
The Town shall have the authority to review the following
rates, fees and charges:
(a)
Rates for the provision of basic service to
subscribers, whether residential or commercial.
(b)
Rates for the connection, installation and reinstatement
(including converters) of basic service, whether residential or commercial.
(c)
Rates for installation, connection and reinstatement
of basic service where unusual circumstances exist such as remote
or inaccessible subscriber locations or subscriber-requested underground
service drops.
(d)
Any other rates, as may be permitted under FCC
rules.
(2)
The Company may petition the Town for a change in
rates by filing, in quadruplicate, a proposed rate schedule with the
which petition shall include the justification(s) for the proposed
schedule. Said petition shall be filed at least 90 days prior to the
requested implementation date of the rate change. One copy of the
petition shall be available for public inspection at a convenient
public place during normal business hours.
(3)
Within 60 days of the filing of the petition for rate
change, the Town may hold an appropriate public hearing to consider
the proposed rate change, at which hearing all persons desiring to
be heard, including the company, shall be heard on any matter, including
but not limited to the performance of the company, its services, and
the proposed new rates.
(4)
If within 60 days of the filing of the petition for
rate change, a request for a public hearing is made by petition signed
by no less than 5% of the subscribers in a given service area, the
Town shall schedule a public hearing to be held within 60 days of
the filing of the request for hearing.
(5)
Upon notice of any public hearing as provided in Subsection C(3) and (4) above, the company shall notify its subscribers of the time, place and subject matter of the public hearing by announcement on at least two local origination channels of its system between the hours of 7:00 p.m. and 9:00 p.m., for at least five consecutive days prior to the hearing. In addition, notice of any public hearing shall be published in a newspaper of general circulation at least once, but may be published two or more times, provided that one publication occurs not less than seven days nor more than 14 days before the public hearing. The company shall be responsible for publication and associated costs.
(6)
Within 60 days after said hearing, the Town shall
render a written decision on the company's petition, either accepting,
rejecting, modifying or deferring the same and reciting the basis
for its decision.
(a)
The Town shall consider the following factors
in approving or disapproving the petition:
[1]
The ability of the company to render system
services and to derive a reasonable profit therefrom under the existing
rate schedule and under the proposed rate schedule;
[2]
The revenues and profits derived from system
services;
[3]
The efficiency of the company;
[4]
The quality of the service offered by the company;
[5]
The original cost of the system less depreciation;
[6]
A fair rate of return with respect to the cost
of borrowing and the rates of return on investments having similar
risks to that of cable television;
[7]
The extent to which the company has adhered
to the terms of this agreement; and
[8]
Fairness to Town residents, subscribers and
users.
(b)
The Town shall not consider any valuation based
upon the franchise granted or the company's good will, and these items
of value shall neither be amortized as an expense nor shall a return
be paid on them.
(7)
The decision of the Town must be voted upon by each
member of the Town Council within this sixty-day period.
(8)
If no final decision on the company's petition has
been rendered by the members of the Town Council within 180 days of
the request, the company's petition will be deemed approved. However,
no rate change may take effect if any member of the Town Council has
specifically disapproved the proposed rate change.
(9)
Financial reports and accounting records.
(a)
The company's petition for a rate increase shall
include, but not be limited to, the following financial reports, which
shall reflect only the operations of its CATV system for this Town:
(b)
The company's accounting records applicable
to the CATV system shall be available for inspection by the Town at
all reasonable times. The Commission shall have access to records
of financial transactions for the purpose of verifying burden rates
or other indirect costs prorated to the CATV operation. The documents
listed shall include sufficient detail and/or footnotes as may be
necessary to provide the Town with the information needed to make
accurate determinations as to the financial condition of the system.
All financial statements shall be certified as accurate by an officer
of the company.
(10)
Alternate procedure for rate changes and requests
for rate increases. In lieu of or in addition to procedures set forth
above, the Town of Sykesville may agree in any franchise agreement
for other and different procedures and rate changes and requests for
rate increases including the fixing thereof by any commission now
or hereafter established for this purpose in accordance with the franchise
agreement.
[Added 3-12-1984 by Ord. No. 135]
D.
Refunds to subscribers.
(1)
If, during the term of the franchise, the franchisee
receives refunds or any payments made for television or radio signals,
it shall, within a reasonable time, notify the Town agency and suggest
a plan for the flow-through of the refunds to its subscribers.
(2)
If any subscriber terminates service within one year
of connection because of the franchisee's failure to render service
to such subscriber of a type and quality, and in the manner provided
for herein, or because the franchisee ceases to operate the system
authorized herein for any reason except expiration of the franchise,
the franchisee shall refund to such subscriber the initial connection
charges. In cases where customer complaints are unsatisfied by the
franchisee's responses to legitimate complaints of service failures,
poor service, inferior audio or video signals, the Town agency shall
have the power to:
A.
Annual fee. During the term of any franchise granted
pursuant to this chapter, the franchisee shall pay the Town of Sykesville
for the use of its streets and public ways and other facilities, as
well as the maintenance, improvements, and supervision thereof, an
annual franchise fee as specified in the franchise agreement.
[Amended 5-8-2000 by Ord. No. 218]
B.
Method of computation. Payments due under the terms
of the franchise shall be computed quarterly and paid within 30 days
of the end of each quarter, that is, within 30 days after December
31, March 31, June 30 and September 30, respectively. The Town agency
shall he furnished with a statement with each payment, certified as
correct by the franchisee, and an annual statement for the entire
year, prepared by a certified public accountant. All statements shall
reflect the total amount of gross subscriber revenues. Statements
accompanying payments of the franchise fee shall set forth a detailed
computation of the payment. The Town agency reserves the right to
reasonable inspection of the books, records, maps, plans and other
material of the franchisee.
C.
Right of recomputation. No acceptance of any payment
shall be construed as a release or as an accord and satisfaction of
any claims the Town may have for further or additional sums payable
as a franchise fee under the franchise agreement or for the performance
of any other obligation hereunder.
D.
Failure to make required payment. Failure to pay any
fees required by this section shall be considered a material violation
of the franchise in accordance with the foregoing provisions of this
chapter, and shall, at the option of the Council, result in suspension
or termination of the franchise granted, and reinstatement thereof
may, at the option of the Council, be had upon payment of the delinquent
fee or fees, plus any interest and/or penalties as may be required
by the Council.
Until such time as the Council establishes a
separate Town agency, the Council itself shall have the powers of
the Town agency. The Town agency, in addition to any functions assigned
to it elsewhere in this chapter, may have the following functions:
A.
Advise the Council on matters which might constitute
grounds for revocation of a franchise or other enforcement action
in accordance with this specification.
B.
Resolve disagreements among the franchisee, subscribers
and public and private users of a system; such decision of the Town
agency shall be appealable to the Council in the event the Council
does not designate itself as the Town agency.
C.
Advise the Council on the regulation of rates in accordance
with this chapter.
D.
Coordinate the franchisee's services for best public
use of facilities and channels. of the system.
E.
Determine general policy relating to the service provided
subscribers and the operation and use of public channels, with a view
to maximizing the diversity of programs and services to subscribers.
The use of public charnels shall be allocated on a first-come-first-served
basis, subject to limitations on monopolization of system time or
prime times.
F.
Encourage use of public channels among the widest
range of institutions, groups and individuals. This endeavor shall
be conducted with a view toward establishing different categories
of uses.
G.
Cooperate with other systems and coordinate interconnection
of systems.
H.
Audit all franchisee records required by this chapter
and require the preparation and filing of information additional to
that required herein.
Citizen advisory committees may be established
as the need arises.
A.
Captions. The captions to sections are inserted solely
for information and shall not affect the meaning or interpretation
of the chapter.
B.
Recourse. The franchisee shall have no recourse whatsoever
against the Council or Town or its officers, officials, boards, commissions,
agents or employees for any loss, cost, expense or damage arising
out of any provisions or requirements of this franchise or because
of its enforcement except as may be provided herein.
C.
Arbitration. In the event the Council and franchisee
are unable to agree as to franchise amendments or any other matter
that may be made subject to arbitration by this chapter, then each
party shall designate an arbitrator, and these two arbitrators shall
in turn select a third arbitrator. The three arbitrators, by majority
vote, made subject to arbitration by this chapter. If this method
fails or for any reason cannot be followed, then arbitration shall
be conducted in accordance with § 3-201 et seq., Courts
and Judicial Proceedings, of the Annotated Code of Maryland.
D.
Costs. Except where otherwise expressly stated herein,
all costs incurred by a franchisee in connection inch any provision
of this chapter shall be borne by the franchisee.
Tapping shall constitute a misdemeanor. Any
person found guilty of tapping is subject to punishment under the
provisions of the Courts and Judicial Proceedings Article, § 10-402
of the Annotated Code of Maryland, when the act of tapping would be
a violation of that Article. When the tapping does not constitute
a violation of the Courts and Judicial Proceedings Article, § 10-401
et seq., any person who is found guilty of tapping shall be punished
by a fine of not more than $1,000 per occurrence, or by imprisonment
for not more than one year, or both.
