[HISTORY: Adopted by the Board of Selectmen of the Town of Boothbay
Harbor 8-26-1991. Amendments noted where applicable.]
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:
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."
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.
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.
A.
The municipal officers of the town may contract on such
terms, conditions and fees as they deem in the best interests of the town
and its residents with one (1) or more cable television companies for the
operation of a CATV system within the town, including the granting of a franchise
or franchises for the operation thereof for a period not to exceed fifteen
(15) years.
B.
Applicants for a franchise shall pay a nonrefundable
filing fee to the town of two hundred fifty dollars ($250.) to defray the
cost of public notice and advertising expenses relating to such application.
The applications 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
charges, a statement detailing its previous two (2) fiscal years, and estimated
ten year financial projection of its proposed system, its proposed annual
town franchise fee, if any, 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.
Any 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 Superior Court under
Rule 80B of the Maine Rules of Civil Procedure.
A.
Before issuance of a request for proposals, the town
shall hold a public hearing with at least seven (7) days' advance notice
for the purpose of determining any special local needs or interests regarding
cable television.
B.
Any proposal submitted by a prospective CATV franchise
shall be filed in triplicate with the Town Clerk's office, shall be deemed
a public record, shall be available for a period not less than fourteen (14)
days prior to the town's taking any formal action thereon, and public
notice of the filing shall be given.
C.
Before authorizing the issuance of any such franchise
contract, the municipal officers shall review the applicant's character,
financial and technical qualifications and the adequacy and feasibility of
its qualifications to operate a CATV system within the town and shall conduct
a public hearing thereon with at least seven (7) days advertised notice prior
to said public hearing.
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.
