[HISTORY: Adopted by the Board of Selectmen
of the Town of Alfred 5-7-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 146.
Public highway excavations— See Ch.
194.
The purpose of this chapter shall be to provide
for Town regulation and use of the community antenna television system,
including its construction, operation and maintenance in, along, upon,
across, above, over and under the streets, alleys, public ways and
public places now laid out or dedicated, and all extensions thereof
and additions thereto, in the Town of Alfred, including poles, wires,
cables, underground conduits, manholes, conductors and fixtures necessary
for the maintenance and operation in the Town of Alfred of the community
antenna television system and to provide conditions accompanying the
grant of franchise and to provide for the Town regulation of CATV
operation.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm or corporation owning, controlling, operating,
managing or leasing a CATV system within the Town of Alfred, sometimes
hereinafter referred to as the "company."
Any community antenna television system or facility that,
in whole or part, receives, directly or indirectly, over the air and
amplifies or otherwise modifies signals transmitting programs broadcast
by one or more television or radio stations or originates its own
signal or signals by wire or cable to subscribing members of the public
who pay for such services, except for any facility that serves fewer
than 50 subscribers, but such term shall not include any such facility
that serves only the residents of one or more apartment dwellings
under common ownership, control or management.
The Town of Alfred, Maine, organized and existing under the
laws in the State of Maine, and the area within its territorial limits.
No person, firm or corporation shall install,
maintain or operate within the Town or any part of its public streets
or other public areas any equipment or facilities for the operation
of a CATV system unless a franchise authorizing the use of said public
streets or areas has first been obtained pursuant to the provisions
of this chapter and unless said franchise is in full force and effect.
A.
The Alfred Board of Selectmen may contract on such
terms, conditions and fees as are in the best interests of the municipality
and its residents with one or more cable television companies for
the operation of a CATV system throughout the Town, including the
granting of a franchise or franchises for the operation thereof for
a period not to exceed 15 years.
[Amended 12-15-2015]
B.
Applicants for a franchise shall pay a nonrefundable
filing fee to the Town of $25 to defray the cost of public notice
and advertising expenses relating to such application. The application
shall be filed with the Town Clerk and shall contain such information
as the Town may require, including but not limited to a detailed description
of the service area to be served, with the areas shown on a map of
the Town, a projected time schedule for each service area and a general
description of the applicant's proposed operations, a schedule of
proposed charges, a statement detailing its business or corporate
organization with a financial statement for the two previous fiscal
years, an estimated ten-year financial projection of its proposed
system and its proposed annual Town franchise fee or the basis for
the same and a statement detailing the prior operational experience
of the applicant in both CATV and microwave service including that
of its officers, management and staff to be associated with the proposed
operation.
C.
Said franchise contract may be revoked by the Alfred
Board of Selectmen for good and sufficient cause after due notice
to the company and a public hearing thereon, with the right to appeal
to the York County Superior Court under Rule 80-B of the Maine Rules
for Civil Procedure.
Before authorizing the issuance of any such
franchise contract or contracts, the Alfred Board of Selectmen shall
review the applicant's character, financial and technical qualifications
and the adequacy and feasibility of its qualification to operate a
CATV system throughout the Town and shall conduct a public hearing
thereon with at least seven days' advertised notice prior to said
public hearing.
A.
The CATV company shall provide sufficient insurance
to indemnify and hold harmless the Town of Alfred, its agents and
its employees from and against all claims, damages, losses and expenses,
including attorney's, fees arising out of or resulting from the performance
of the work, maintenance of the system and damages caused by components
or portions thereof, provided that any such claims, damages, loss
or expenses are attributable to bodily injury, sickness, disease or
death or to injury to or destruction of tangible property, including
the loss of use resulting therefrom, and is caused in whole or in
part by any negligent or willful act or omission of the CATV company
and anyone directly or indirectly employed by them or anyone for whose
acts any of them may be liable.
B.
Upon the execution of any such franchise contract,
the cable television company shall file a surety company performance
bond in the amount of 100% of the contract or $200,000, whichever
is greater, conditioned upon the faithful performance of said contract
and full compliance with any laws, ordinances or regulations governing
said franchise. Said performance bond shall be reduced to 50% of the
initial contract upon the completion of the installation of said system
as per said contract.
