The Town may grant one or more cable television franchises, and each
such franchise shall be awarded in accordance with and subject to the provisions
of this chapter. In no event shall this chapter be considered a contract between
the Town and a grantee.
No person may construct or operate a cable system without a franchise
granted by the Town unless otherwise authorized by law, and no person may
be granted a franchise without having entered into a franchise agreement with
the Town pursuant to this chapter.
Any person who occupies public rights-of-way for the purpose of operating
or constructing a cable system and who does not hold a valid franchise from
the Town shall be subject to all provisions of this chapter, including but
not limited to its provisions regarding construction and technical standards
and franchise fees. In its discretion, the Town at any time may require such
person to enter into a franchise agreement within 30 days of receipt of a
written notice by the Town that a franchise agreement is required; require
such person to remove its property and restore the area to a condition satisfactory
to the Town within such time period; remove the property itself and restore
the area to a satisfactory condition and charge the person the costs therefor;
and/or take any other action it is entitled to take under applicable law,
including filing for and seeking damages under trespass. In no event shall
a franchise be created unless it is issued by action of the Town and subject
to a franchise agreement.
Nothing in this chapter or any franchise agreement shall limit any right
the Town may have to acquire by eminent domain or otherwise any property of
the grantee.
Any act that a grantee is or may be required to perform under this chapter,
a franchise agreement, or applicable law shall be performed at the grantee's
expense, unless expressly provided to the contrary in this chapter, the franchise
agreement, or applicable law.