The purpose of this ordinance is to provide for town regulation and
use of the community antenna 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 dedicated, and all extensions
thereof and additions thereto in the Town of Boothbay Harbor, including poles,
wires, cables, underground conduits, manholes, conductors and fixtures necessary
for the maintenance and operation in the Town of Boothbay Harbor of the community
antenna television system and to provide conditions accompanying the grant
of franchise; and providing for the town regulation of CATV operation.
As used in this chapter, the following terms shall have the meanings
indicated:
CABLE TELEVISION COMPANY
Any person, firm or corporation owning, controlling, operation, managing
or leasing a CATV system within the Town of Boothbay Harbor, sometimes hereinafter
referred to as "the company."
CATV
Any community antenna television system or 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 (1) 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,
but such term shall not include any such facility that serves only the residents
of one (1) or more apartment dwellings under common ownership, control or
management.
TOWN
The Town of Boothbay Harbor, 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 ways or other public areas any equipment or
facilities for the operation of a CATV system unless a franchise authorizing
the use of said public ways or areas has first been obtained pursuant to the
provisions of this ordinance and unless said franchise is in full force and
effect.
Upon the execution of any such franchise contract, the Cable Television
Company shall file a surety company performance bond in a amount not less
than twenty-five thousand dollars ($25,000.) conditioned upon the faithful
performance of said contract and full compliance with any laws, ordinances
and regulations governing said franchise, including cost of dismantling the
system, and also evidence of such public liability, copyright infringement
and other insurance coverage as the municipal officers may require. When the
cable television company has completed its proposed system as set forth in
its proposal and in compliance with its franchise agreement, the municipal
officers shall permit the company to cancel said bond except for an amount
to cover cost of dismantling the system.