[HISTORY: Adopted by the Town Board of the Town of Perinton 8-12-1976 as Ch. 62 of the 1976 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following terms and words shall have the meanings given herein:
- COMMUNITY ANTENNA TELEVISION
- A community antenna system designed to amplify and distribute television signals of good quality, in accordance with the regulations of this chapter, to the Town of Perinton.
- Any person who has received a franchise from the town pursuant to this chapter and § 64, Subdivision 7, of the Town Law of the State of New York.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The entire installation, including materials of all type and nature necessary to provide community antenna television to the Town of Perinton.
- A system for transmission of audio signals and/or visual images or any other type of closed circuit transmission and/or signal transmission by means of electrical impulses.
- The Town of Perinton, County of Monroe and State of New York; in referring to geographic area, it shall include only that area in said town which is outside of the incorporated Villages of Fairport and East Rochester.
- TOWN BOARD
- The Town Board of the Town of Perinton.
Persons may submit applications in writing and in duplicate to the Town Board. Said applications shall include the following information, together with such other information which to the applicant may seem proper under the circumstances:
The name of the applicant; address of applicant; if the applicant is a corporation, state of incorporation; if a corporate applicant is incorporated in a state other than the State of New York, whether the applicant is licensed to do business in the State of New York; the names and addresses of officers, shareholders and directors of said corporation; if the applicant is not a corporation, the names and addresses of all persons owning any interest of any sort in the applicant, together with the names and addresses of the managers of the applicant.
A financial statement of the applicant.
A statement as to the technical personnel employed by the applicant; previous or current experience of the applicant with community antenna television systems.
A statement of the channels to be furnished; an engineering description of the type and extent of the system to be installed and the area to be serviced.
Within 60 days following the receipt by the Town Board of a properly completed application, the Town Board will schedule a public hearing pursuant to § 64, Subdivision 7, of the Town Law of the State of New York, notice of which shall be given once in the official paper not less than 10 days nor more than 20 days prior to the date of the hearing.
Following the public hearing the Town Board may approve the applicant if it is satisfied as to the financial responsibility of the applicant, its technical ability to provide satisfactory community antenna television service and such other matters which to the Town Board shall seem proper under the circumstances. The Town Board may authorize the issuance of a franchise but, as a condition precedent to the issuance thereof, the applicant shall enter into a contract with the town which shall contain provisions relating to the following:
The length of the franchise and provisions for renewal thereof. Franchises may not exceed a term of 20 years and may be renewable.
Appropriate provisions relating to the supplying of community antenna television service to any areas where there are no existing easements for telephone or other public utilities and no poles available.
Rates and payment of a percentage of gross receipts to the town.
Restrictions on transfer of the franchise, including the transfer of a majority interest of the stock of any corporate franchise.
Liability insurance in favor of the town.
A bond in favor of the town securing performance of contract provisions and franchise conditions.
Restrictions on the origination of television programs by franchise without prior consent of the Town Board.
The number of channels to be made available to the subscribers.
The right of revocation of the franchise for cause upon notice to the franchisee.
An indemnification agreement holding the town harmless against all claims, demands, actions, causes of actions, costs, expenses, loss or damage incurred or served against the town arising directly or indirectly out of the operation of the community antenna television system by the franchisee.
Such other provisions which to the Town Board may seem appropriate under the circumstances of each application.
The applicant, prior to the issuance of the franchise and within 12 months of the approval by the town of the application, shall secure agreements with the Rochester Telephone Corporation, Rochester Gas and Electric Corporation, Fairport Municipal Commission and Niagara Mohawk Power Corporation or their successors permitting the applicant to use the existing poles and structures of such company and such other utility company poles as may be necessary. The applicant shall submit an executed copy of each of said contracts to the town, which contracts shall be filed with the Town Clerk of the town. If the applicant fails to enter into such agreements within 12 months after the approval of its application, unless the Town Board shall for good cause shown by the applicant extend this period, then the Town Board's approval shall lapse.
The installation and maintenance of the system shall be such that no interference is caused to existing or duly authorized future systems and so as not to interfere with or distort direct off-the-air television signals and radio reception or any other electronic equipment presently lawfully used within the town.
Following the execution of the contract as aforesaid and the granting of the franchise, the franchisee shall have the authority to charge and collect the schedule of installation charges and rates contained in this section.
The applicant agrees to pay a franchise fee to the Town of Perinton as contracted.
The town expressly reserves to itself the power to grant more than one permit for community antenna television systems within the Town of Perinton, and nothing herein contained shall be construed to grant to any franchisee the exclusive right to operate a community antenna television system.
The applicant agrees that all provisions, laws, rules and regulations promulgated by any agency, division or bureau of government of the United States of America, the State of New York, the County of Monroe and the Town of Perinton shall be complied with in the installation, maintenance and operation of the system.
The Town Board may from time to time amend, supplement, change, modify or repeal this chapter pursuant to the provisions of the Town Law, the General Municipal Law and regulations established by the Federal Communications Commission and the New York Commission on Cable Television applicable thereto.
This chapter shall take effect on the first day of December 1974, and shall apply to all installations and services after December 1, 1974, provided that this chapter is published and certified copies thereof are filed as required by law.