[HISTORY: Adopted by the Board of Selectmen of the Town of Wells
8-6-1996. Amendments noted where applicable.]
This chapter provides for Town regulation and use of the cable television
system, including its construction, operation and maintenance in, along, upon,
across, 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 Wells, including poles, wires, cables, underground conduits,
manholes, conductors and fixtures necessary for a cable television system,
and provides conditions accompanying the grant of franchise and provides for
the Town regulation of cable television system 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 cable television system within the Town of Wells.
Any facility that, in whole or in 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 produced through any of its community access channels and
distributes such signals by wire or cable to subscribing members of the public
who pay for such services. The term does not include any such facility that
serves fewer than 50 subscribers or that serves only the residents of one
or more apartment dwellings under common ownership, control or management
and commercial establishments located on the premises of the apartment dwellings.
The Town of Wells organized and existing under the laws of 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 of its public streets or other public areas any equipment
or facilities for the operation of a cable television 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.Â
The municipal officers of the Town may contract on such
terms, conditions and fees as are in the best interest of the municipality
and its residents with one or more cable television companies for the operation
of a cable television system within the Town, including the granting of a
nonexclusive franchise or franchises for the operation thereof for a period
not to exceed 15 years.
B.Â
Applications.
(1)Â
Applicants for a franchise, including applicants for
renewal of a franchise, shall pay a nonrefundable filing fee to the Town as
established by the Board of Selectmen, following notice and a public hearing,
to defray the cost of public notices, advertising and other expenses relating
to, or incurred by the Town in acting upon, such applications.
(2)Â
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 general description of the applicant's proposed operation, a
schedule of proposed changes, a statement detailing its previous two 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 cable
television and microwave service, including that of its officers, management
and staff to be associated with the proposed operation.
(3)Â
Franchise applications, including renewal applications,
and any submittals in response to a request for proposals or solicitation
of bids are public records. Upon the filing of such documents, the Town shall
provide reasonable notice to the public of the filing of such documents and
indicating that such documents are open to public inspection during reasonable
hours.
C.Â
Said franchise contract may be revoked by the municipal
officers 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 of Civil Procedure in accordance
with due process.
Before authorizing the issuance of any such franchise, including transfers
of ownership or renewals, contract or contracts, the municipal officers shall
review the applicant's character, financial and technical qualifications and
the adequacy and feasibility of its qualifications to operate a cable television
system within the Town and shall conduct a public hearing thereon with at
least seven days' advertised notice prior to said public hearing. Such public
hearing shall provide a reasonable opportunity for public input on the proposed
franchise agreement or transfer.
A.Â
Upon the execution of any such franchise contract the
cable television company shall file a surety company performance bond in the
amount and in such form as is acceptable to the Town. The Town, in making
this determination, may rely upon the advice of the municipal officers, Town
Manager, Town Attorney and/or other appropriate Town officials. The amount
of said bond shall not be less than the estimated cost of performing any work
specified in the franchise agreement and shall include the cost of dismantling
the cable television system. Said bond shall be conditioned upon the faithful
performance of said contract and full compliance with any laws, ordinances
or regulations governing said franchise.
B.Â
When the cable television company has completed construction
of the system as set forth in the franchise agreement and provided that the
cable television company is otherwise in compliance with the terms of the
franchise agreement, the municipal officers shall permit the company to reduce
said bond to an amount sufficient to cover the cost of dismantling the system.
C.Â
The cable television company shall also, upon execution
of any such franchise contract, provide evidence of such public liability,
copyright infringement and other insurance coverage as the municipal officers
may require.
D.Â
The Board of Selectmen may opt to allow for a corporate
guaranty in lieu of a performance bond and appropriately condition the corporate
guaranty.
The Board of Selectmen is hereby authorized to enter into an interlocal
agreement with the Towns of North Berwick, Ogunquit and York for the purpose
of establishing a Cable Television Regulatory Board.
A.Â
Membership. The Board of Selectmen is hereby authorized
to appoint two volunteer members to the Cable Television Regulatory Board
for the Town of Wells. In addition, the Town Manager shall be an advisory
member to the Wells delegates.
B.Â
Duties of the Board. The Cable Television Regulatory
Board shall have the following duties:
(1)Â
To adopt such rules and regulations as it may deem necessary
for monitoring the operation of the system, said rules and regulations being
subject to the approval of the Selectmen of each town which is the signatory
to the interlocal agreement mentioned in the first paragraph hereof. All such
rules and regulations shall not be in conflict with those that have been or
may be adopted by the Federal Communications Commission (FCC) for the operation
of such systems but may, unless expressly preempted, be more detailed, more
restrictive or more strict than applicable FCC regulations.
(2)Â
To make recommendations to the cable television company
concerning educational and local interest programming.
(3)Â
To resolve complaints, disputes or disagreements between
subscribers and the company.
(4)Â
To conduct public hearings and issue such appropriate
orders as it may deem necessary to correct any deficiency in the operation
of said system. The Board's decisions and findings shall be final and binding
upon all parties, including the company, except such a decision or finding
may be appealed to the municipal officers and/or to the York County Superior
Court under Rule 80-B of the Maine Rules of Civil Procedure.
(5)Â
To prepare specifications for bids or requests for proposals
for cable television franchises and invite bids or issue requests for proposals
for said franchises. Before issuing a request for proposals or soliciting
bids, the Cable Television Regulatory Board shall determine any special local
needs or interests, whether by actively seeking to determine those needs or
interests or by allowing a period for public comment on a proposed request
for proposals. Upon receipt of bids or proposals, it shall study the same
and make recommendations on the awarding of a franchise, said recommendations
being subject to the approval of each Board of Selectmen of each town which
is the signatory to the interlocal agreement mentioned in the first paragraph
hereof.
C.Â
The Cable Television Regulatory Board shall negotiate
the franchise agreement between the company and the municipalities who are
signatories to the interlocal agreement as mentioned in the first paragraph
above, said recommendations being subject to the final and full approval of
each municipality.
Each franchise contract between the Town and any cable television company
shall contain, but is not limited to, the following provisions:
A.Â
A statement of the area or areas to be served by the
cable television company;
B.Â
A line extension policy;
C.Â
A provision for renewal, the term of which may not exceed
15 years;
D.Â
Procedures for the investigation and resolution of complaints
by the cable television company;
E.Â
An agreement to comply with the requirements of 30-A
M.R.S.A. § 3010 regarding consumer rights and protection and any
amendments thereto;
F.Â
Any other terms and conditions that are in the best interest
of the Town; and
G.Â
Provisions for access to, and facilities to make use
of, one or more local public, educational and governmental access channels
subject to the definitions and requirements of the Cable Communications Policy
Act of 1984, Public Law 98-549, and any amendments thereto.
A.Â
The municipal officers of the Town of Wells shall:
(1)Â
Adopt such rules and regulations as they may deem necessary
for monitoring the operation of a cable television system;
(2)Â
Make recommendations to the cable television company
concerning educational and local interest programming;
(3)Â
Resolve complaints, disputes or disagreements between
subscribers and the company;
(4)Â
Conduct public hearings and issue such appropriate orders
as they may deem necessary to correct any deficiencies in the operation of
the system. The municipal officers' decisions and findings shall be final
and binding upon all parties, including the company, except such decision
or finding may be appealed to the York County Superior Court under Rule 80-B;
and
(5)Â
Enforce the requirements of any franchise agreement with
a cable television company and enforce the provisions of any local ordinances,
regulations, rules and orders, including the provisions of this chapter. As
part of such enforcement authority, the municipal officers have the authority
to bring legal action for damages and penalties and for injunctive relief.
The Town shall be entitled to recover its costs, including reasonable attorney
fees, incurred in the enforcement of this chapter, the provisions of a franchise
agreement or any local rules or regulations adopted pursuant to this chapter.
B.Â
All such ordinances, regulations, rules and orders of
the municipal officers shall not be in conflict with those that have been
or may be adopted by the Federal Communications Commission for the operation
of such systems, except that, unless expressly preempted, such ordinances,
regulations, rules and orders may be more detailed, more strict or more restrictive
than applicable FCC regulations.
Cable television companies shall at all times comply with all applicable
federal, state and local laws, statutes, rules, regulations, ordinances, codes
and orders.
