[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 9-12-1995
as L.L. No. 1-1995. Amendments noted where applicable.]
A.
The Town of Mount Pleasant finds that the development
of cable television and communications systems has the potential of having
great benefit and impact upon the people of Mount Pleasant. Because of the
complex and rapidly changing technology associated with cable television,
the town further finds that the public convenience, safety and general welfare
can best be served by establishing regulatory powers which should be vested
in the town or such persons as the town shall designate. It is the intent
of this chapter and subsequent amendments to provide for and specify the means
to attain the best possible public interest and public purpose in these matters
and any franchise issued pursuant to this chapter shall be deemed to include
this finding as an integral part thereof.
B.
Further, it is recognized that cable communications systems
have the capacity to provide not only entertainment and information serves
to the town's residents, but can provide a variety of broadband, interactive
communications services to institutions and individuals. Many of these services
involve town agencies and other public institutions, by providing governmental,
educational or health-care communications.
C.
For these purposes, the following goals underlie the
regulations contained herein:
(1)
Communications services should be provided to the maximum
number of town residents.
(2)
The system should be capable of accommodating both the
present and reasonably foreseeable future communications of the town.
(3)
The system should be improved and upgraded during the
franchise term so that the new facilities necessary for the operation of this
system shall be integrated to the maximum extent possible with existing facilities
as specified in the franchise.
(4)
The communications system authorized by this chapter
shall be responsive to the needs and interests of the local community and
shall provide the widest possible diversity of information sources and services
to the public.
This chapter shall be known and may be cited as "Mount Pleasant Cable
Communication Regulatory Local Law," and it shall become a part of the local
laws of the town.
A.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present tense include
the future, and words in the plural number include the singular number. The
word "shall" is mandatory and "may" is permissive. Words not defined shall
be given their common and ordinary meaning.
B.
BASIC SUBSCRIBER TELEVISION SERVICES
CABLE COMMUNICATIONS SYSTEM (also referred to as "system")
CABLE, SERVICE
CHANNEL
CLOSED-CIRCUIT or INSTITUTIONAL SERVICE
COMMERCIAL SUBSCRIBER
COMMUNICATIONS POLICY ACT or CABLE ACT
CONVERTER
DEDICATED INSTITUTIONAL ACCESS CHANNELS
DISCRETE CHANNEL
DROP
EDUCATIONAL ACCESS CHANNEL
FAIR MARKET VALUE
FCC
FRANCHISE
FRANCHISE AREA
FRANCHISEE or GRANTEE
FRANCHISE FEE
(1)
(2)
(3)
(4)
GOVERNMENT ACCESS CHANNEL
GRANTOR
GROSS ANNUAL REVENUES
INSTALLATION
LEASED ACCESS CHANNEL or COMMERCIAL ACCESS CHANNEL
MONITORING
NARROWCASTING
NEW YORK STATE COMMISSION
PERSON
PLANT MILE
PUBLIC ACCESS CHANNEL
PUBLIC WAY or PUBLIC RIGHTS-OF-WAY
REASONABLE NOTICE
RESIDENT
RESIDENTIAL SUBSCRIBER
SALE
SCHOOL
SERVICE AREA
STANDARD SERVICE PACKAGE
STATE
SYSTEM FACILITIES or FACILITIES
TOWN BOARD
TRANSFER
TRUNK LINE
UPSTREAM SIGNAL
USER
As used in this chapter, the following terms shall have
the meanings indicated:
A separately available basic service tier to which subscription is
required for access to any other tier of service. Such basic service tier
shall, at a minimum, consist of the following: all signals carried in fulfillment
of Cable Act, Sections 614 and 615; any public, educational and governmental
access programming required in this chapter or the franchise; any signal of
any television broadcast station that is provided by the cable operator to
any subscriber, except a signal which is secondarily transmitted by a satellite
carrier beyond the local service area of such station. Additional signals
may be added to the basic tier by the grantee.
A facility, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment that is designed
to provide cable service which includes but is not limited to video programming
and which is provided to multiple subscribers within a community, but such
term does not include a facility that serves only to the retransmit the television
signals of one or more television broadcast stations; a facility that serves
only subscribers in one or more multiple-unit dwellings under common ownership,
control or management, unless such facility or facilities uses any public
rights-of-way; a facility of a common carrier which is subject, in whole or
in part, to the provision of Title II of the Cable Act, except that such facility
shall be considered a cable system to the extent such facility is used in
the transmission of video programming directly to subscribers; or any facilities
of any electric utility used solely for operating its electric utility systems.
The one-way transmission to subscribers of video programming or other
programming service, and subscriber interaction, if any, which is required
for the selection of such video programming or other programming service,
and the installation and rental of equipment necessary for the receipt thereof.
A six-megahertz (MHz) frequency band, which is capable of carrying
either one standard video signal, a number of audio, digital or other nonvideo
signals or some combination of such signal. One channel of high-definition
television will utilize more than six MHz.
Such video, audio, data and other services provided to institutional
users on an individual application basis. These may include, but are not limited
to, one-way video, two-way video, audio or digital signals among institutions
to residential subscribers.
A subscriber who receives a service in a place of business where
the service may be utilized in connection with a business, trade or profession.
The Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992, as it may be amended or succeeded.
An electronic device that will shift any television channel(s) from
one to another within the UHF or VHF spectrum.
Broadband communications channels dedicated to serving city, county,
state or federal governmental agencies, educational institutions, health-care
institutions or other nonprofit organizations that may be qualified by the
Cable TV Advisory Committee.
A channel which can only be received by the person and/or institution
intended to receive signals on such channel.
A coaxial connection from feeder cable to the subscriber/user television
set, radio or other terminal.
Any channel designated for educational access use.
The price that a willing buyer would pay to a willing seller for
a going concern based on the system valuation prevailing in the industry at
the time.
The Federal Communications Commission and any legally appointed successor.
The nonexclusive rights granted pursuant to this chapter to construct,
operate and maintain a cable communications system along the public ways within
all or a specified area in the town. Any such authorization, in whatever form
granted, shall not mean or include any license or permit required for the
privilege of transacting and carrying on a business within the town as required
by other local laws and laws of the town.
The entire town, or portions thereof, for which a franchise is granted
under the authority of this chapter. If not otherwise stated in the franchise,
the franchise area shall be the corporate limits of the town, including all
territory thereafter annexed to the town.
The natural person(s), partnership(s), domestic and foreign corporation(s),
association(s), joint venture(s) or organization(s) of any kind which has
been legally granted a franchise by the town, and its successor, transferee
or assignee.
The portion, as specified by the town, of the franchisee's gross
revenues from all sources payable in exchange for the rights granted pursuant
to this chapter and the franchise agreement. The term "franchise fee" includes
any tax, fee or assessment of any kind imposed by a franchising authority
or other governmental entity on a cable operator or cable subscriber, or both,
solely because of its status as such. "Franchise fee" does not include:
Any tax, fee or assessment of general applicability, including any such
tax, fee or assessment imposed on both utilities and cable operators or their
services, but not including a tax, fee or assessment which is unduly discriminatory
against cable operators or cable subscribers;
Capital costs which are required by the franchise to be incurred by
the cable operator for public, educational or governmental access facilities;
Requirements or charges incidental to the awarding or enforcing of the
franchise, including payments for bonds, security funds, letters of credit,
insurance, indemnification, penalties or liquidated damages; or
Any fee imposed under Title 17, United States Code.
Any channel specifically designated or dedicated for government access
use.
The Town of Mount Pleasant as represented by the Town Board acting
within the scope of its jurisdiction.
The total of all cash, credits, property of any kind or nature or
other consideration received, directly or indirectly, by the grantee, its
affiliates, subsidiaries or any person, firm or corporation in which the grantee
has a financial interest derived from the operation of the cable system within
the town. If another entity is responsible for selling advertising on the
cable system, advertising revenues shall be deemed to be limited to the prorated
portion of advertising revenue, less expenses, paid to the grantee by such
entity. Furthermore, gross receipts shall not include sums paid for services
other than cable service if the grantee is subjected to competition for such
services within the town by an entity not affiliated with the grantee or its
parent, and such entity is not required to pay a franchise fee or similar
levy to the town on such services.
The connection of the system from feeder cable to subscribers'
terminals.
Any channel designated or dedicated for use by persons unaffiliated
with the grantee.
Observing a communications signal, or the absence of a signal, where
the observer is not a party to the communication, whether the signal is observed
by visual or electronic means, for any purpose whatsoever.
The ability to distribute cable programming to a particular segment
or segments of the cable subscribers.
The New York State Commission on Cable Television, Commission created
pursuant to Article 28 of New York State Executive Law entitled "Commission
on Cable Television" or its successor.
An individual, partnership, association, organization, corporation
or any lawful successor transferee of said individual, partnership, association,
organization or corporation.
A linear mile of cable as measured on the street or easement from
pole to pole or pedestal to pedestal.
Any channel designated or dedicated for use by the general public
or noncommercial organizations which is made available for use without charge
on a nondiscriminatory basis in accordance with the rules and regulations
specified in the franchise.
The surface, the air space above the surface and the area below the
surface of any public street, highway, lane, path, alley, sidewalk, boulevard,
drive, bridge, tunnel, park, parkways, waterways, utility easements or other
public right-of-way or hereafter held by the town which shall entitle the
town and the company to the use thereof for the purpose of installing and
maintaining the company cable television system. No reference herein, or in
any franchise, to the public way shall be deemed to be a representation or
guaranty by the town that its title to any property is sufficient to permit
its use for such purpose, and the grantee shall, by its use of such terms,
be deemed to gain only such rights to use property in the town as the town
may have the undisputed right and power to give.
Written notice addressed to the grantee at its principal office within
the town or such other office as the grantee has designated to the town as
the address to which notice shall be transmitted to it, which notice shall
be certified and postmarked not less than seven days prior to that day in
which the party giving such notice shall commence any action which requires
the giving of notice. In computing said seven days, holidays recognized by
the town shall be excluded.
Any person residing in the town as otherwise defined by applicable
law.
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade
or profession.
Includes any sale, exchange, barter or offer for sale.
Any public or nonprofit educational institution including primary
and secondary schools, colleges and universities, both public and private.
The entire geographic area within the franchise territory.
A combination of service tiers consisting of the basic broadcast
service and any other regulated cable satellite tier, but excluding any service
sold on a per-channel basis and any package of services normally sold on a
per-channel basis.
The State of New York.
The cable communications system constructed for use within the town,
without limitation, the headend, antenna, cables, wires, lines, towers, amplifiers,
converters, health and property security systems, equipment or facilities
located within the corporate limits of the town designed, constructed or wired
for the purpose of producing, receiving, amplifying and distributing by coaxial
cable, fiber optics, microwave or other means, audio and visual radio, television
and electronic signals to and from subscribers in the town and any other equipment
or facilities located within the corporate limits of the town intended for
the use of the system; provided, however, such system facility excludes buildings,
contracts, facilities and equipment where primary use is for providing service
to other system facilities located outside the town limits.
The Board of the Town of Mount Pleasant.
The disposal by the grantee, directly or indirectly, by gift, assignment,
voluntary sale, merger, consolidation or otherwise, of 51% ownership and/or
voting control or actual working control, as defined by the Federal Communications
Commission, of the franchise to a person who is not controlling, controlled
by or under common control with the grantee.
The major distribution cable used in cable communications, which
divides into feeder lines which are tapped for service to subscribers.
A signal originating from a terminal to another point in the cable
television system including video, audio or digital signals for either programs
or other uses such as security alert services, etc.
A person or organization utilizing channel or equipment and facilities
for purpose of producing and/or transmission of material, as contrasted with
receipt thereof in a subscriber capacity.
A.
Grant.
(1)
In the event that the town shall grant to the grantee
a nonexclusive, revocable franchise to construct, operate and maintain a cable
communications system within the town, said franchise shall constitute both
a right and an obligation to provide the services of a cable communications
system as regulated by the provisions of this chapter and the franchise. The
franchise shall include by reference those provisions of the grantee's
application for franchise that are finally negotiated and accepted by the
town and grantee.
(2)
The franchise shall be granted under the terms and conditions
contained herein, consistent with the town's code and/or other applicable
statutory requirements. In the event of conflict between the terms and conditions
of this chapter, the franchise or the terms and conditions on which the town
can grant a franchise, the code and/or statutory requirements shall control.
(3)
Any franchise granted by the town is hereby made subject
to the generally applicable local law provisions now in effect and hereafter
made effective; provided, however, that any amendment to this chapter that
is binding on any franchise shall be confined to changes which do not materially
alter the rights of the franchisee under a franchise. Nothing in the franchisee
shall be deemed to waive the requirements of the various codes and local laws
of the town regarding permits, fees to be paid or manner of construction.
B.
Franchise area. The franchise area shall be the entire
town, or portions thereof, for which a franchise is granted.
C.
Use of public rights-of-way. For the purpose of operating
and maintaining a cable communications system in the town, the grantee may
erect, install, construct, repair, replace, reconstruct and retain in, on,
over, under, upon, across and along the public streets and ways within the
town such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, pedestals, attachments and other property and equipment as are
necessary to the operation of the cable communications systems; provided,
however, that grantee complies with all design, construction, safety and performance
provisions contained in this chapter, the franchise agreement, and other applicable
local laws.
D.
Use of town facilities. At the town's option, the
town may require a grantee to utilize town-owned conduit or other facilities
for any portion of its cable communications system during the initial construction
of the system, provided that the cost of construction is not materially increased
due to the use of town-owned facilities. The consideration for the use of
town conduit or other facilities shall be as stated in the franchise. A reasonable
fee for the use of the town facilities shall be established in the franchise
and may be adjusted at the periodic performance evaluations.
E.
Use of grantee facilities. No poles shall be erected
by the grantee without prior approval of the town with regard to location,
height, type and any other pertinent aspect. However, no location of any pole
of the grantee shall be a vested right and such poles shall be removed or
modified by the grantee at its own expense whenever the town determines that
the public convenience would be enhanced thereby. Grantee shall utilize existing
poles and conduits, where possible. The town shall have the right, during
the life of the franchise, to install and maintain free of charge upon the
poles owned by the grantee any wire and pole fixtures that do not unreasonably
interfere with the cable system operations of the grantee.
F.
Franchise required. No cable communications system shall
be allowed to occupy or use the streets of the town or be allowed to operate
without a franchise.
G.
Term of franchise. The term of any franchise granted
pursuant to this chapter shall be stated in the franchise.
H.
Franchise nonexclusive. Any franchise granted pursuant
to this chapter shall be nonexclusive. The town specifically reserves the
right to grant at any time such additional franchises for a cable communication
system as it deems appropriate and/or to build, operate and own such cable
communication system or systems as it deems appropriate.
I.
Time is of the essence of this chapter. Whenever the
agreement shall establish a separate schedule of specific acts by or on behalf
of the grantee, these shall be deemed of the essence and any failure of the
grantee to perform within the time allotted shall always be sufficient ground
for the town to invoke an appropriate penalty including possible revocation
of the franchise.
J.
Law governs. In any controversy or dispute under this
chapter, the law of the State of New York shall apply.
K.
Transfer of ownership or control.
(1)
Transfer of franchise. Any franchise granted hereunder
shall not be transferred without the prior consent of the town, which consent
shall not be unreasonably withheld.
(2)
The grantee shall promptly notify the town of any actual
or proposed transfer.
(3)
Every transfer shall make the franchise subject to cancellation
unless the town shall have consented thereto. For the purpose of whether it
shall consent to such transfer, the town may inquire into the legal, technical
and financial qualifications of the proposed controlling party, consistent
with FCC rules, and the grantee shall assist the town in any such inquiry.
(4)
Assumption of control. The town agrees that any financial
institution having a pledge of the franchise or its assets for the advancement
of money for the construction and/or operation of the franchise shall have
the right to notify the town that it or its designees satisfactory to the
town will take control and operate the cable television system. Further, said
financial institution shall also submit a plan for such operation that will
ensure continued service and compliance with all franchise obligations during
the term the financial institution exercises control over the system. The
financial institution shall not exercise control over the system for a period
exceeding one year, unless extended by the town at its discretion and during
said period of time it shall have the right to petition for transfer of the
franchise to another grantee. If the town finds that such transfer, after
considering the legal, financial, character, technical and other public interest
qualifications of the applicant, is satisfactory, the town will transfer and
assign the rights and obligations of such franchise as in the public interest.
The consent of the town to such transfer shall not be unreasonably withheld.
(5)
The consent or approval of the town to any transfer of
the grantee shall not constitute a waiver or release of the rights of the
town in and to the streets, and any transfer shall, by its terms, be expressly
subject to the terms and conditions of this chapter and the franchise.
(6)
In the absence of extraordinary circumstances, the town
will not approve any transfer or assignment of the franchise prior to completion
of construction of the proposed system.
(7)
Time frame for town review. The town have 120 days from
the specified under federal law to act upon any request for approval of such
sale or transfer that contains or is accompanied by such information as is
required in accordance with FCC regulations and by the town. If the town fails
to render a final decision on the request within 120 days, such request shall
be granted unless the requesting party and the town agree to an extension
of time. In the event that the town refuses to grant the aforementioned request,
it shall set forth specific reasons for its decision, in writing, by municipal
resolution.
(8)
In determining whether to approve said request, the town
may consider the following:
(a)
Experience of proposed assignee or transferee (including
conducting an investigation of proposed assignee or transferee's service
record in other communities).
(b)
Qualifications of proposed assignee or transferee.
(c)
Legal integrity of proposed assignee or transferee.
(d)
Financial ability and stability of the proposed assignee
or transferee.
(e)
The ability and express commitment of the proposed assignee
or transferee to fully comply with the provisions of this agreement.
(9)
A copy of the completed sales agreement, or a functionally
equivalent instrument, between grantee and proposed transferee or assignee
shall be available to the town for inspection at the grantee's local
office, upon request of the letter.
(10)
The town may approve said petition contingent on compliance
with additional standards, terms or conditions within its legal authority
and consistent with findings resulting from its review of the aforementioned
petition.
L.
Franchise renewal.
(1)
Renewal discretionary. Upon completion of the term of
any franchise granted under this chapter, the town may, in its sole discretion,
grant or deny renewal of the franchise of the grantee in accordance with the
provisions of the Cable Act. The grantee shall own the cable communication
system but shall have no property right in the public rights-of-way upon the
completion of the franchise term.
M.
Police powers.
(1)
In accepting the franchise, the grantee acknowledges
that its rights hereunder are subject to the police power of the town to adopt
and enforce general local laws necessary to the safety and welfare of the
public; and it agrees to comply with all applicable general laws and local
laws enacted by the town pursuant to such power.
(2)
Any conflict between the provisions of this chapter or
the franchise and any other present or future lawful exercise of the town's
police powers shall be resolved in favor of the latter, except that any such
exercise that is not of general application in the jurisdiction or applies
exclusively to grantee or cable communications systems which contains provisions
inconsistent with this chapter shall prevail only if, upon such exercise,
the town finds an emergency exists constituting a danger to health, safety,
property or general welfare and such exercise is mandated by law.
N.
Franchise fees.
(1)
Because the town finds that the streets of the county,
state and town to be used by the grantee in the operation of its system within
the boundaries of the area are valuable public properties acquired and maintained
by the county, state and town at great expense to its taxpayers; the grant
to the grantee to said streets is a valuable property right without which
the grantee would be required to invest substantial capital in right-of-way
costs and acquisitions; and the administration of this chapter and the franchise
imposes upon the town additional regulatory responsibility and expense, a
grantee of any franchise hereunder shall pay to the town a franchise fee in
an amount as designated in the franchise, but in no event less than 5% of
the gross annual revenues, or the maximum amount permitted under applicable
federal, state or local law, if such maximum is greater than 5% less the annual
assessment paid by the grantee to the New York State Commission on Cable Television.
The annual franchise payment shall be in addition to any other fee and shall
commence as of the effective date of the franchise. The town shall be furnished
a statement of said payment by a certified public accountant, reflecting the
total amounts of annual gross revenues and the above charges and computations
for the period covered by the payment.
(2)
Franchise fee in addition to other tax or payment. This
payment shall be in addition to any other tax or payment owed to the governments
or other taxing jurisdiction by the grantee.
(3)
Acceptance by the town. No acceptance of any payment
by the town shall be construed as a release or as an accord and satisfaction
of any claim the town may have for further or additional sums payable as a
franchise fee under this chapter or for the performance of any other obligation
of the grantee.
(4)
Failure to make required payment. In the event that any
franchise payment or recomputed amount is not made on or before the dates
specified herein, grantee shall pay as additional compensation an interest
charge, computed from such due date, at the annual rate equal to the commercial
prime interest rate of the town primary depository bank during the period
that such unpaid amount is owed.
(5)
Payments to be made quarterly. The franchise fee and
any other cost or damage assessed against the grantee shall be payable quarterly
to the Town of Mount Pleasant. The grantee shall file a complete and accurate
verified statement of all gross revenues within the franchise area during
the period for which said quarterly payment is made, and said payment shall
be made to the town no later than 45 days following the end of each calendar
quarter. Quarterly computation dates are the last day in the months of March,
June, September and December.
(6)
The town's right of inspection. The town shall have
the right to inspect the grantee's income records and the right to audit
at its own expense determined to be payable under this chapter. However, in
the event that the audit concludes that grantee's payments hereunder
were underpaid by an amount greater than 5% of the proper payment, then grantee
shall reimburse the town for the costs of said audit, in addition to making
any additional payments required to bring grantee into compliance with this
section. At the sole discretion of the town, the latter may collect interest
from grantee on the underpayment or any other late payment at a rate equal
to the prime rate plus 3%.
O.
Forfeiture or revocation.
(1)
Grounds for revocation. The town reserves the right to
revoke any franchise granted hereunder and rescind all rights and privileges
associated with the franchise in the following circumstances, each of which
shall represent a default and breach under the chapter and the franchise grant:
(a)
If the grantee shall default in the performance of any
of the material obligations under this chapter or under such documents, contracts
and other terms and provisions entered into by and between the town and the
grantee.
(b)
If the grantee shall fail to provide or maintain in full
force and effect the liability and indemnification coverage or the performance
bond as required herein.
(c)
If the grantee shall violate any lawful orders or rulings
of any regulatory body having jurisdiction over the grantee relative to this
chapter or the franchise.
(d)
If the grantee evades, as defined in state law, any of
the provisions of this chapter or the franchise or practices any fraud or
deceit upon the town or cable subscribers.
(e)
If the grantee fails to meet the construction schedule
contained in the franchise or beyond any extended date set by the town.
(f)
Failure to restore service after 96 consecutive hours
of interrupted service, except when approval of such interruption is obtained
from the town.
(g)
Material misrepresentation of fact in the application
for or negotiation of the franchise or any extension or renewal thereof.
(h)
If the grantee ceases to provide all services for any
reason within the control of the grantee over the cable communications system.
(2)
Effect of circumstances beyond control of the grantee.
The grantee shall not be declared at fault or be subject to any sanction under
any provision of this chapter in any case in which performance of any such
provision is prevented for reasons beyond the grantee's control. A fault
shall not be deemed to be beyond the grantee's control if committed by
a corporation or other business entity in which the grantee holds a controlling
interest whether held directly or indirectly.
(3)
Pending litigation or any appeal to any regulatory body
or court having jurisdiction over the grantee shall not excuse the grantee
from the performance of its obligations under this chapter or the franchise.
Failure of the grantee to perform such obligations because of pending litigation
or petition may result in forfeiture or revocation pursuant to the provisions
of this section.
(4)
Procedure prior to revocation.
(a)
The town shall make written demand that the grantee do
so comply with any such requirement, limitation, term, condition, rule or
regulation or correct any action deemed cause for revocation. If the failure,
refusal or neglect of the grantee continues for a period of 30 days following
such written demand, the town shall place its request for termination of the
franchise upon a regular Town Board meeting agenda. The town shall cause to
be served upon such grantee at least seven days prior to the date of such
Town Board meeting a written notice of this intent to request such termination,
and the time and place of the meeting, notice of which shall be published
by the Town Clerk at least once, seven days before such meeting, in a newspaper
of general circulation within the town.
(b)
The Town Board shall hear any persons interested therein
and shall determine, in its discretion, whether or not any failure, refusal
or neglect by the grantee was with just cause.
(c)
If such failure, refusal or neglect by the grantee was
with just cause, as defined by the town, the Town Board shall direct the grantee
to comply within such time and manner and upon such terms and conditions as
are reasonable.
(d)
If the Town Board shall determine such failure, refusal
or neglect by the grantee was without just cause, then the Town Board shall,
by resolution, declare that the franchise of the grantee shall be terminated
and the performance bond forfeited unless there is compliance by the grantee
within a specified period of time not to exceed 90 days or such longer period
as reasonably necessary to comply as approved by the Board, whose approval
shall not be reasonably withheld.
(5)
Disposition of facilities. In the event that a franchise
is not renewed and/or revoked, the town may, in its sole discretion, do any
of the following:
(a)
Purchase the system under the procedures set forth in
§ 75-4T of this chapter.
(b)
Effect a transfer of ownership of the system to another
party.
(c)
Order the removal of the system facilities required by
public necessity from the town within a reasonable period of time as determined
by the town or require the original grantee to maintain and operate its system
for a period of six months or until such further time as is mutually agreed
upon. Grantee may convey its ownership or interest in the facilities constituting
the cable system to a successor grantee approved by the town. Any such facilities
that are not so conveyed shall be considered to be abandoned to the ownership
and use of the town, subject to the right of grantee to remove any such facilities
or any portion of such facilities that may be salvageable.
(6)
Restoration of property. In removing its plant, structures
and equipment, the grantee shall refill, at its own expense, any excavation
that shall be made by it and shall leave all public ways and places in as
good a condition or better as that prevailing prior to the grantee's
removal of its equipment and appliances without affecting the electrical or
telephone cable wires or attachments. The town shall inspect and approve the
condition of the public ways and public places and cables, wires, attachments
and poles after removal. The liability, indemnity, insurance and performance
bond as provided herein shall continue in full force and effect during the
period of removal and until full compliance by the grantee with the terms
and conditions of this subsection, this chapter and the franchise.
(7)
Restoration by town; reimbursement of costs. In the event
of a failure by the grantee to complete any work required by § 75-4C
and E or § 75-4F above or any other work required by town law or
local law within the time as may be established and to the satisfaction of
the town, the town may cause such work to be done and the grantee shall reimburse
the town the cost thereof within 30 days after receipt of an itemized list
of such costs or the town may recover such costs through the performance bond
provided by grantee. The town shall be permitted to seek legal and equitable
relief to enforce the provisions of this subsection.
(8)
Extended operation. Upon either the expiration or revocation
of a franchise, the town may require the grantee to continue to operate the
system for a period of six months from the date of such expiration or revocation,
or until such time as is mutually agreed upon. The grantee shall, as trustee
for its successor in interest, continue to operate the cable communications
system under the terms and conditions of this chapter and the franchise and
to provide the regular subscriber service and any and all of the services
that may be provided at the time. The town shall be permitted to seek legal
and equitable relief to enforce the provisions of this subsection.
(9)
Recourse. The grantee may seek recourse as available
by law or regulation.
P.
Receivership and foreclosure.
(1)
Termination by insolvency. To the extent permitted under
federal bankruptcy law, the franchise granted hereunder shall, at the option
of the town, cease and terminate 120 days after the appointment of a receiver
or receivers or trustee or trustees to take over and conduct the business
of the grantee whether in a receivership, reorganization, bankruptcy or other
action or proceeding unless such receivership or trusteeship shall have been
vacated prior to the expiration of said 120 days, or unless:
(a)
Such receivers or trustees shall have, within 120 days
after their election or appointment, fully complied with all the terms and
provisions of this chapter and the franchise granted pursuant hereto, and
the receivers or trustees within said 120 days shall have remedied all defaults
under the franchise; and
(b)
Such receivers or trustees shall, within said 120 days,
execute an agreement duly approved by the court having jurisdiction in the
premises, whereby such receivers or trustees assume and agree to be bound
by each and every term, provision and limitation of the franchise herein granted.
(2)
Termination by judicial action. In the case of a foreclosure
or other judicial sale of the plant, property and equipment of the grantee
or any part thereof, including or excluding the franchise, the town may serve
notice of termination upon the grantee and the successful bidder at such sale,
in which event the franchise and all rights and privileges of the grantee
granted hereunder shall cease and terminate 30 days after service of such
notice, unless:
Q.
Equal opportunity policy.
(1)
Equal opportunity employment shall be afforded by all
operators of cable television systems to all qualified persons, and no person
shall be discriminated against in employment because of race, color, religion,
age, national origin, sex or physical handicap. Grantee shall comply with
all equal opportunity provisions enacted by federal, state and local authorities,
as well as all such provisions contained in this chapter and the franchise.
It is agreed that Continental's compliance with FCC rules constitutes
compliance with this section.
(2)
Local employment and procurement practices. Whenever
reasonably possible, all services, personnel, hardware and supplies for the
construction, maintenance and operation of the system shall be procured locally.
Grantee shall describe in detail plans and policies for each year of the term
of the agreement for utilizing and contracting with local construction contractors,
subcontractors, suppliers, vendors and other business enterprises and persons
for services, supplies, equipment, consultation, banking, financial accounting
and legal services, insurance and other necessary facilities and services
that will be used in establishing, operating, marketing, programming and maintaining
the cable communications system.
R.
Notices. All notices from grantee to the town pursuant
to this chapter and the franchise shall be to the Town Supervisor or his/her
designee. Grantee shall maintain with the town, throughout the term of the
franchise, an address for service of notices by mail. Grantee shall also maintain
with the town a local office and telephone number for the conduct of matters
related to the franchise during normal business hours. The grantee shall be
required to advise the town of such address(es) and telephone numbers and
any changes thereof.
S.
Failure of town to enforce this chapter; no waiver of
the terms thereof. The grantee shall not be excused from complying with any
of the terms and conditions of this chapter or the franchise by any failure
of the town upon any one or more occasions to insist upon or to seek compliance
with any such terms or conditions.
T.
Rights reserved to the grantor.
(1)
Renewal. If a renewal of a franchise held by a cable
operator is denied and the franchising authority acquires ownership of the
cable system or effects a transfer of ownership of the system to another person,
any such acquisition or transfer shall be:
(a)
At fair market value, determined on the basis of the
cable system valued as a going concern but with no value allocated to the
franchise itself; or
(b)
In the case of any franchise existing on the effective
date of this chapter, at a price determined in accordance with the franchise
if such franchise contains provisions applicable to such an acquisition or
transfer.
(2)
Revocation. If a franchise held by a cable operator is
revoked for cause and the franchising authority acquires ownership of the
cable system or effects a transfer of ownership of the system to another person,
any such acquisition or transfer shall be:
(3)
Right of inspection of records.
(a)
The town shall have the right to inspect all books, records,
reports, maps, plans, financial statements, and other like materials of the
grantee, at any time, upon reasonable notice, during normal business hours,
necessary to the enforcement of this chapter and the franchise. Grantee shall
provide such information in such form as may be required by the town for said
records. To the extent allowed by law, the town agrees to treat as proprietary
any information identified as such by grantee and shall not intentionally
divulge any such information publicly or to actual or potential competitors
of grantee, except as may be required in a legal proceeding or ordered by
a court of competent jurisdiction.
(b)
If any such maps or records are not kept in the town
or, upon notice, grantee is unable to provide the records in the town, and
if the town shall determine that an examination of such maps or records is
necessary or appropriate to the performance of the town's responsibilities
under this franchise, then all travel and maintenance expenses necessarily
incurred in making such examination shall be paid by grantee.
(4)
Right of inspection of construction. The town shall have
the right to inspect all construction or installation work performed subject
to the provisions of the franchise and to make such tests as it shall find
necessary to ensure compliance with the terms of this chapter and other pertinent
provisions of the law.
(5)
Right of inspection of property. At all reasonable times,
grantee shall permit examination by any duly authorized representative of
the town of system facilities, together with any appurtenant property of grantee
situated within or without the town.
(6)
Right of intervention. The town shall have the right
of intervention in any suit or proceeding to which the grantee is a party.
(7)
Right to require tests. The town shall have the right
and authority to test the performance of the cable communications system.
The town may require that any tests performed at the town's request be
supervised or conducted by a town designee, not an employee or agent of grantee.
Grantee shall reimburse the town for the costs of such designee if the tests
performed show that the quality of service is below the standards set forth
in the franchise. Grantee shall cooperate fully with the town in performing
such testing.
A.
Regulatory authority.
(1)
The town shall exercise appropriate regulatory authority
under the provisions of this chapter and applicable law. This authority shall
be vested in the Town Board and administered through the Town Supervisor or
his designee in order to provide day-to-day administration and enforcement
of the provisions of this chapter and any franchise granted hereunder and
to carry out the town's responsibilities with regard to cable communications.
(2)
If a material provision is held to be invalid by a court
of competent jurisdiction or rendered a nullity by federal or state legislature
or regulatory action, grantee and the town shall promptly and in good faith
renegotiate provisions of this agreement affected by the loss of the aforementioned
material provision to ensure that the town is restored, insofar as is reasonably
possible, to its approximate status relative to the other as existed prior
to said judicial, legislative or regulatory action.
(3)
The town reserves the right to exercise the maximum plenary
authority, as may at any time be lawfully permissible, to regulate the cable
communications system, the franchise and the grantee. Should applicable legislative,
judicial or regulatory authorities at any time permit regulation not presently
permitted to the town, the town may, without the approval of the grantee,
engage in any such additional regulation as may then be permissible, whether
or not contemplated by this chapter or the franchise, including, without limitation,
regulation regarding franchise fees, taxes, programming, rates charged to
subscribers and users, consumer protection or any other similar or dissimilar
matter.
B.
Supervision of the franchise.
(1)
The town shall have the following regulatory responsibility:
(a)
Administration and enforcement of the provision of this
chapter and any franchise granted hereunder.
(b)
Award, renewal, extension or termination of a franchise
pursuant to the provisions of this chapter, the franchise and other applicable
law.
(c)
Consent prior to sale or transfer of any franchise granted
hereunder.
(d)
Performance evaluation.
(e)
Rate regulation, if applicable.
(2)
The town also reserves the right to perform the following
functions:
(a)
Develop objectives and coordinate activities related
to the operation of government channels.
(b)
Approve procedures and standards for public, government
and educational access and operations and services, including the use of dedicated
channels and sharing of public facilities.
(c)
Coordinate plans for expansion, interconnection and growth
of cable services.
(d)
Analyze the possibility of integrating cable communications
with other town, state or regional telecommunications networks.
(e)
Formulate and recommend long-range telecommunications
policy for the town and determine the future cable-related needs and interests
of the community.
(f)
Provide the administrative effort necessary for the conduct
of performance evaluations and any other activities required for the administration
of the franchise.
(g)
Monitor grantee's process for handling citizen complaints
and periodically inspect and analyze the records related to such complaints.
(h)
Receive applications for rate increases if applicable
and provide staff assistance in the analysis and recommendations thereto.
(i)
Monitor grantee's adherence to operational standards,
service requirements and line extension policies.
(j)
Assure compliance with applicable laws and local laws.
(k)
Arrange tests and analysis of equipment and performance,
as needed to ensure compliance with this chapter and the franchise.
(l)
Assure continuity in service.
(m)
Receive for examination all data and reports required
by this chapter.
(3)
Cable TV Advisory Committee. There shall be a citizen's
advisory committee entitled the "Cable TV Advisory Committee." The responsibilities
of the Cable TV Advisory Committee shall include but not be limited to the
following:
(a)
Monitor and advise the Town Board and town administration
on the provisions of the town's cable television local law and related
local laws.
(b)
Serve as advisory body for the public, educational and
municipal access channels of cable television and any institutional programming
that may be developed.
(c)
Advise the town government of objectives to be obtained
in the town's cable communications system based upon its continued evaluation
of the town's cable television franchise, cable technology and the future
cable-related needs and interests of the community.
(d)
Prepare an annual report to the Board.
(e)
Cooperate with the town and the grantee in fulfilling
its responsibilities herein.
C.
Rates and charges.
(1)
Grantee shall file with the town schedules which shall
describe all services offered, all rates and charges of any kind and all terms
and conditions relating thereto. No rates or charges shall be effective except
as they appear on a schedule so filed. Grantee shall notify subscribers, in
writing, at least 30 days prior to the implementation of any change in services
offered, rates, charges or terms and conditions related thereto.
(2)
Grantee shall establish rates that are nondiscriminatory
within the same general class of subscribers which must be applied fairly
and uniformly to all subscribers in the franchise area for all services. Nothing
contained herein shall prohibit the grantee from offering discounts to commercial
and multiple-family dwelling subscribers billed on a bulk basis, promotional
discounts, or reduced installation rates for subscribers who have multiple
services. Grantee's charges and rates for all services shall be itemized
on subscriber's monthly bills.
(3)
To the extent that federal or state law or regulation
may now, or as the same may hereafter be amended to, authorize the town to
regulate the rates for any particular service tiers, service packages, equipment
or any other services provided by grantee, the town shall have the right to
exercise rate regulation to the full extent authorized by law, or to refrain
from exercising such regulation for any period of time, at the sole discretion
of the town.
D.
Performance evaluation.
(1)
The town and the grantee shall, at the written request
of the town, hold scheduled performance evaluation sessions annually. All
such evaluation sessions shall be open to the public.
(2)
Special evaluation sessions may be held at any time during
the term of the franchise at the request of the town.
(3)
All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with public notice, as provided in § 73-10A. Grantee shall notify subscribers of all such evaluation sessions by announcement on the designated local government channel on the system between the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days preceding each session.
(4)
Topics which may be discussed at any scheduled or special
evaluation session may include, but not be limited to, system performance
and construction, grantee compliance with this chapter and the franchise,
customer service and complaint response, subscriber privacy, services provided,
programming offered, service rate structures, franchise fees, penalties, free
or discounted services, applications of new technologies, judicial and FCC
filings and line extensions.
(5)
During the review and evaluation by the town, the grantee
shall fully cooperate with the town and shall provide such information and
documents as the town may need to reasonably perform its review.
A.
Performance bond.
(1)
Performance bond. Upon the effective date of the franchise,
the grantee shall obtain and maintain during the entire term of the franchise
and any extensions and renewals thereof, at its cost and expense, and file
with the town a corporate surety bond in an amount specified in the franchise
to guarantee the faithful performance of the grantee of all its obligations
provided under this chapter and the franchise. Failure to timely obtain, file
and maintain said bond shall constitute a substantial violation within the
meaning of this subsection.
(2)
Conditions. The performance bond shall provide the following
conditions:
(a)
There shall be recoverable by the town jointly and severally
from the principal and surety any and all fines and liquidated damages due
to the town and any and all damages, losses, costs and expenses suffered or
incurred by the town resulting from the failure of the grantee to faithfully
comply with the provisions of this chapter and the franchise; comply with
all orders, permits and directives of any town agency or body having jurisdiction
over its acts or defaults; pay fees due to the town; or pay any claims, liens
or taxes due the town which arise by reason of the construction, operation,
maintenance or repair of the cable system. Such losses, costs and expenses
shall include but not be limited to attorney's fees and other associated
expenses.
(3)
Reduction of bond. Upon written application by the grantee,
the town may, at its sole option, permit the amount of the bond to be reduced
or waive the requirements for a performance bond subject to the conditions
set forth below. Reductions granted or denied upon application by the grantee
shall be without prejudice to the grantee's subsequent applications or
to the town's right to require the full bond at any time thereafter.
However, no application shall be made by the grantee within one year of any
prior application.
(4)
Conditions. The town may draw upon the performance bond
if the grantee fails to faithfully comply with the provisions of this chapter
and the franchise; comply with all orders, permits and directives of any town
agency or body having jurisdiction over its acts or defaults; pay fees due
to the town; or pay any claims, liens or taxes due the town which arise by
reason of the construction, operation, maintenance or repair of the cable
system.
(5)
Use of performance bond. Prior to drawing upon the performance
bond for the purposes described in this subsection, the town shall notify
the grantee, in writing, that payment is due and the grantee shall have 30
days from the receipt of such written notice to make a full and complete payment.
If the grantee does not make the payment within 30 days, the town may withdraw
the amount thereof, with interest and penalties, from the performance bond.
(6)
Notification. Within three days of a withdrawal from
the performance bond, the town shall send to the grantee, by certified mail,
return receipt requested, written notification of the amount, date and purpose
of such withdrawal.
(7)
Replenishment of performance bond. No later than 30 days
upon the resolution of the dispute which resulted in a withdrawal from the
performance bond, the grantee shall replenish the performance bond in an amount
equal to the amount so withdrawn. Failure to make timely replenishment of
such amount to the performance bond shall constitute a substantial violation
of this chapter.
(8)
Nonrenewal, alteration or cancellation of performance
bond. The performance bond required herein shall be in a form satisfactory
to the town and shall require 30 days' written notice of any nonrenewal,
alteration or cancellation to both the town and the grantee. The grantee shall,
in the event of any such cancellation notice, obtain, pay all premiums for
and file with the town written evidence of the issuance of replacement bond
or policies within 30 days following receipt by the town or the grantee of
any notice of cancellation.
B.
Liability and insurance.
(1)
Prior to commencement of construction, but in no event
later than 60 days after the effective date of the franchise and thereafter
continuously throughout the duration of the franchise and any extensions or
renewals thereof, the grantee shall furnish to the town certificates of insurance,
approved by the town, for all types of insurance required under this subsection.
Failure to furnish said certificates of insurance in a timely manner shall
constitute a violation of this chapter.
(2)
Certificates of insurance for policies obtained by the
grantee in compliance with this subsection shall be filed and maintained with
the Town Clerk during the term of the franchise and may be changed from time
to time to reflect changing liability limits and/or to compensate for inflation.
(3)
Neither the provisions of this subsection or any damages
recovered by the town hereunder shall be construed to or limit the liability
of the grantee under any franchise issued hereunder or for damages.
(4)
All certificates of insurance furnished pursuant to this
chapter or the franchise shall contain the following, or a comparable, endorsement:
"It is hereby understood and agreed that this insurance policy may not be
canceled by the insurance company nor the intention not to renew be stated
by the insurance company until 30 days after receipt by the Town Supervisor,
by certified mail, of a written notice of such intention to cancel or not
to renew."
(5)
All insurance policies provided under the provisions
of this chapter or the franchise shall be written by companies authorized
to do business in the state and approved by the State Board of Insurance.
(6)
The town shall be an additional insured for all insurance
policies written under the provisions of this chapter or the franchise.
(7)
To offset the effects of inflation and to reflect changing
liability limits, all of the coverages, limits and amounts of the insurance
provided for herein are subject to reasonable increases at the end of every
three-year period of the franchise, applicable to the next three-year period,
upon the determination of the town.
(8)
General liability insurance. The grantee shall maintain,
and by its acceptance of any franchise granted hereunder specifically agrees
that it will maintain throughout the term of the franchise, general liability
insurance insuring the grantee in the minimum of:
(9)
Such general liability insurance must include coverage
for all of the following: comprehensive form, premises operations, explosion
and collapse hazard, underground hazard, products/completed operations hazards,
contractual insurance, broad form property damage and personal injury.
(10)
Automobile liability insurance. The grantee shall maintain,
and by its acceptance of any franchise granted hereunder specifically agrees
that it will maintain throughout the term of the franchise, automobile liability
insurance for owned, nonowned or rented vehicles in the minimum amount of:
(11)
Worker's compensation and employer's liability
insurance. The grantee shall maintain, and by its acceptance of any franchise
granted hereunder specifically agrees that it will maintain throughout the
term of the franchise, worker's compensation and employer's liability,
valid in the state, in the minimum amount of:
C.
Indemnification.
(1)
To the fullest extent permitted by law, grantee shall,
at its sole cost and expense, fully indemnify, defend and hold harmless the
town, its officers, public officials, boards and commissions, agent and employees
from and against any and all lawsuits, claims (including, without limitation,
worker's compensation claims against the town or others), causes of action,
actions, liability and judgments for injury or damages (including but not
limited to expenses for reasonable legal fees and disbursements assumed by
the town in connection therewith):
(a)
To persons or property, in any way arising out of or
through the acts or omissions of grantee, its subcontractors, agents or employees,
to which grantee's negligence shall in any way contribute, and regardless
of whether the town's negligence or the negligence of any other party
shall have contributed to such claim, cause of action, judgment, injury or
damage.
(b)
Arising out of any claim for invasion of the right of
privacy, for defamation of any person, firm or corporation or the violation
of infringement of any copyright, trademark, trade name, service mark or patent,
or any other right of any person, firm or corporation, but excluding claims
arising out of or related to town programming.
(c)
Arising out of grantee's failure to comply with
the provisions of any federal, state or local statute, local laws or regulations
applicable to grantee in its business hereunder.
(2)
The foregoing indemnity is conditioned upon the following:
The town shall give grantee prompt notice of any claim or the commencement
of any action, suit or other proceeding covered by the provisions of this
subsection. At all times, the town shall cooperate with the grantee and participate
in the defense of any litigation. No recovery by the town of any sum by reason
of the liquidated damages required by the franchise shall be subject to litigation
by the grantee, except that any sum so received by the town shall be deducted
from any recovery which the town might have against the grantee under the
terms of this subsection.
A.
Authority to construct.
(1)
Authorization to commence construction and application
procedures. Within 30 days after acceptance by the grantee of a franchise,
the grantee shall apply for any needed contracts for pole use. Pole space
and other facilities obtained from the town, utilities and other lawful users
of the public way shall be at the cost and expense of the grantee. Within
30 days after completion of the make-ready survey identifying the routes of
the system facility, the grantee shall apply for all additional licenses from
the state, town or other necessary parties, such as the railroads, for crossing
under or over their property. In any event, all necessary applications for
permits, licenses, certificates and authorizations shall be applied for in
a timely fashion so that such filing and processing shall not interfere with
or cause delay with the construction scheduled as outlined in the franchise.
Failure to make such timely application and timely filing shall constitute
a substantial violation of this chapter.
(2)
Power to contract. Upon grant of the franchise and in
order to construct, operate and maintain a cable system in the town, the grantee
may enter into contracts with any public utility companies or any other owner
or lessee of any poles or underground areas located within or without the
town; obtain right-of-way permits from appropriate town, state, county and
federal officials necessary to cross or otherwise use highways or roads under
their respective jurisdiction; obtain permission from the Federal Aviation
Administration to erect and maintain antennas; and obtain whatever other permits
a town, county, state or federal agency may require.
B.
Construction and technical standards.
(1)
Compliance with construction and technical standards.
Grantee shall construct, install, operate and maintain its system in a manner
consistent with all laws, local laws, construction standards, governmental
requirements, FCC technical standards and detailed technical standards submitted
by grantee as part of its application, which standards are incorporated by
reference herein. The system shall be designed, constructed, operated and
maintained for twenty-four-hours-a-day continuous operation. The system shall
produce, for reception on subscribers' receivers which are in good working
order, either monochrome or color pictures (provided that the receiver is
color capable) which are free from any significant interference or distortion
which would cause any material degradation of video or audio quality.
(2)
State of the art. The grantee shall construct, install,
operate and maintain its system in accordance with the highest standards of
the art of cable communications, such standards to include but not be limited
to the following:
(a)
The system will be spaced to permit a minimum of seven-hundred-fifty-megahertz
operation and will be capable of utilizing state-of-the-art converters and
be compatible with cable-ready television sets.
(b)
The system will utilize converters which will make the
system adaptable for the development of future services.
(c)
The grantee shall maintain its system facilities in a
manner which will continue to enable it to add new services and associated
equipment as they are developed, available, and proved marketable to subscribers.
The new services and associated equipment will be added to the system facilities
when they are determined to be technically reliable and adaptable to the system
at a cost to the subscriber that is acceptable in the marketplace.
(3)
Prior to the erection of any towers, poles or conduits
or the upgrade or rebuild of the cable communications system under this chapter,
the grantee shall first submit to the town and other designated parties for
approval a concise description of the facilities proposed to be erected or
installed, including engineering drawings, if required, together with a map
and plans indicating the proposed location of all such facilities. No erection
or installation of any tower, pole, underground conduit or fixture or any
rebuilds or upgrading of the cable communications system shall be commenced
by any person until approval therefor has been received from the town, provided
further that such approval shall not be unreasonably withheld.
(4)
Contractor qualifications. Any contractor proposed for
work of construction, installation, operation, maintenance and repair of system
equipment must be properly licensed. In addition, the grantee shall submit
to the town a plan to hire persons locally for the construction, installation,
operation, maintenance and repair of the system equipment consistent with
federal regulations.
(5)
The grantee's system and associated equipment erected
by the grantee within the town shall be so located as to cause minimum interference
with the proper use of streets, alleys and other public ways and places and
to cause minimum interference with the rights and reasonable convenience of
property owners who adjoin any of said streets, alleys or other public ways
and places. No pole or other fixtures placed in any public ways by the grantee
shall be placed in such a manner as to interfere with normal travel on such
public way.
(6)
The town does not guarantee the accuracy of any maps
showing the horizontal or vertical location of existing substructures. In
public rights-of-way, where necessary, the location shall be verified by excavation.
(7)
Construction, installation, operation and maintenance
of the cable communications system shall be performed in an orderly and workmanlike
manner, in accordance with then current technological standards. All cables
and wires shall be installed, where possible, parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel and bundled
with due respect for engineering considerations.
(8)
Grantee shall, at all times, comply with:
(9)
In any event, the system shall not endanger or interfere
with the safety of persons or property in the franchise area or other areas
where the grantee may have equipment located.
(10)
Any antenna structure used in the cable communications
system shall comply with construction, marking and lighting of antenna structure
standards as required by federal and state law or regulation.
(11)
All worker facilities, conditions and procedures that
are used during construction, installation, operation and maintenance of the
cable system shall comply with the standards of the Occupational Safety and
Health Administration.
(12)
Radio frequency (RF) leakage shall be checked at reception
location for emergency radio services to prove measurable interference signal
combinations are possible. Stray radiation shall be measured adjacent to any
proposed aeronautical navigation radio sites to prove no measurable interference
to airborne navigational reception in the normal flight pattern. FCC rules
and regulations shall govern. The system shall cause no measurable interference
in television signal reception to any operating receiver not connected to
and serviced by the system.
(13)
The grantee shall maintain equipment capable of providing
standby power for a minimum of 24 hours for the head end and three hours for
all optical fiber node locations on the distribution system.
C.
System construction schedule. The franchise shall specify
the construction schedule.
D.
Use of streets.
(1)
All installations shall be underground in those areas
of the town where public utilities providing telephone and electric service
are underground at the time of installation. In areas where telephone or electric
utility facilities are above ground at the time of installation, grantee may
install its service above ground, provided that at such time as those facilities
are required to be placed underground by the town or are placed underground,
the grantee shall likewise place its services underground without additional
cost to the town or to the individual subscriber so served with the town.
Where not otherwise required to be placed underground by this chapter or the
franchise, the grantee's system shall be located underground at the request
of the adjacent property owner, provided that the excess cost over the aerial
location shall be borne by the property owner making the request. All cable
passing under the roadway shall be installed in conduit.
(2)
Prior to construction or alteration, however, the grantee
shall in each case file plans with the appropriate town agencies, complete
use agreements with the utility companies, obtain all construction permits
and receive written approval of the town before proceeding, which approval
shall not be unreasonably withheld.
(3)
Interference with persons, improvements, public and private
property and utilities. The grantee's system and facilities, including
poles, lines, equipment and all appurtenances, shall be located, erected and
maintained so that such facilities shall:
(a)
Not endanger or interfere with the health, safety or
lives of persons;
(b)
Not interfere with any improvements the town, county
or state may deem proper to make;
(c)
Not interfere with the free and proper use of public
streets, alleys, bridges, easements or other public ways, places or property,
except to the minimum extent possible during actual construction or repair;
(d)
Not interfere with the rights and reasonable convenience
of private property owners, except to the minimum extent possible during actual
construction or repair; and
(e)
Not obstruct, hinder or interfere with any gas, electric,
water or telephone facilities or other utilities located within the town.
(4)
Restoration to prior condition. In case of any disturbance
of pavement, sidewalk, driveway or other surfacing, the grantee shall, at
its own cost and expense and in a manner approved by the town, replace and
restore all paving, sidewalk, driveway, landscaping or surface of any street
or alley disturbed, in as reasonably good a condition as, or better than,
before said work was commenced and in a good workmanlike, timely manner in
accordance with standards for such work set by the town. Such restoration
shall be undertaken within no more than 10 business days after the damage
is incurred and shall be completed as soon as possible thereafter.
(5)
Relocation of the facilities. In the event that, at any
time during the period of the franchise, the town, county or state shall lawfully
elect to alter or change the grade of any street, alley or other public ways,
the grantee, upon reasonable notice by the proper authority, shall remove
or relocate as necessary its poles, wires, cables, underground conduits, manholes
and other fixtures at its own expense.
(6)
Cooperation with building movers. The grantee shall,
on the request of any person holding a building moving permit issued by the
town, temporarily raise or lower its wire to permit the moving of buildings.
The expense of such temporary removal, raising or lowering of wires shall
be paid by the person requesting the same, the grantee shall have the authority
to require such payment in advance. The grantee shall be given not less than
15 working days' advance notice to arrange for such temporary wire changes.
(7)
Tree trimming. The grantee shall have the authority,
except when in conflict with existing town local laws, to trim any trees upon
and overhanging public right-of-way so as to prevent the branches of such
trees from coming in contact with system facilities, except that, at the option
of the town, such trimming may be done by it, or under its supervision and
direction, at the expense of the grantee.
(8)
Easements. All necessary easements over and under private
property shall be arranged for by the grantee.
(9)
Private property. Grantee shall be subject to all laws,
local laws or regulations regarding private property in the course of constructing,
installing, operating or maintaining the cable communications system in the
Town of Mount Pleasant. Grantee shall promptly repair or replace all private
property, both real and personal, damaged or destroyed as a result of the
construction, installation, operating or maintenance of the cable communications
system at its sole cost and expense.
E.
Erection, removal and common use of poles.
(1)
No poles shall be erected by the grantee without prior
approval of the town with regard to location, height, types and any other
pertinent aspect. However, no location of any pole or wire-holding structure
of the grantee shall give rise to a vested interest, and such poles or structures
shall be removed or modified by the grantee at its own expense whenever the
town determines that the public convenience would be enhanced thereby.
(2)
Where poles already exist for use in serving the town
are available for use by the grantee, but it does not make arrangements for
such use, the town may require the grantee to use such poles and structures
if it determines that the public convenience would be enhanced thereby and
the terms of the use available to the grantee are just and reasonable.
F.
Construction reporting requirements.
(1)
Within 30 days of the granting of a franchise pursuant
to this chapter, the grantee shall provide the town with a written progress
report detailing work completed to date. Such report shall include a description
of the progress in applying for any necessary agreements, licenses or certifications
and any other information the Town Supervisor may deem necessary. The content
and format of the report will be determined by the Town Supervisor and may
be modified at his/her discretion.
(2)
Such written progress reports shall be submitted to the
town on a monthly basis throughout the entire construction process. The Town
Supervisor may require more frequent reporting if he/she determines it is
necessary to better monitor the grantee's progress.
(3)
Prior to the commencement of any system construction,
the grantee shall produce an informational document to be distributed to all
residents of the area to be under construction, which shall describe the activity
that will be taking place. The informational document shall be reviewed and
approved by the Town Supervisor prior to its distribution.
G.
Tests and performance monitoring.
(1)
Not later than 30 days after any new or substantially
rebuilt portion of the system is made available for service to subscribers,
and thereafter on the annual anniversary of the effective date of the franchise,
the grantee shall conduct technical performance tests to demonstrate full
compliance with all technical standards contained in this chapter and the
franchise and the technical standards and guidelines of the FCC and the Commission.
(2)
Such tests shall be performed by or under the supervision
of a qualified registered professional engineer or an engineer with proper
training and experience. A copy of the report shall be submitted to the town,
describing test results, instrumentation, calibration and test procedures
and the qualification of the engineer responsible for the tests.
(3)
System monitor test points shall be established at or
near the output of the last amplifier in the longest feeder line, at or near
trunk line extremities. Such periodic tests shall be made at the test points
as shall be required by the FCC and/or the franchise.
(4)
In addition to the performance test reports required
herein, a copy of any performance test reports required by the FCC shall be
submitted to the town within 60 days of completion.
(5)
Whenever there have been similar complaints made or when
there exists other evidence which, in the judgment of the town, casts doubt
on the reliability or quality of the grantee's system, the town shall
have the right and authority to compel the grantee to test, analyze and report
on the performance of its system. The town may require additional tests, full
or partial repeat tests, different test procedures, or tests involving a specific
subscriber's terminal. Reports on such tests shall be delivered to the
town no later than 14 days after the town formally notifies the grantee and
shall include the following information: the nature of the complaints which
precipitated the special tests; what system component was tested; the equipment
used and procedures employed in said testing; the results of such tests; and
methods by which said complaints were resolved. Said tests and analyses shall
be supervised by a professional engineer not on the permanent staff of the
grantee, who shall sign all records of the special tests and forward same
to the town with a report interpreting the results of the tests and recommending
what actions should be taken by the town. All such tests shall be at the expense
of the grantee.
A.
Services to subscribers and users.
(1)
Concurrently with the activation of the cable communications
system in the town, the grantee shall provide all services to subscribers
as described herein and in the franchise at rates detailed in the rate schedule.
(a)
The system shall carry the broad categories of programming
and services listed in the franchise. Should the grantee desire to change
the selection of programs or services offered on any of the tiers, it shall
maintain the mix, quality and level of services provided over the system.
Any such change in programs or services offered shall comply with the conditions
and procedures contained in the franchise and shall be reported to the town
at least 30 days prior to the proposed implementation. The grantee shall notify
all subscribers, in writing, at least 30 days prior to implementing any change
in the selection of programs or services offered on any tiers or prior to
adding or deleting any channels or changing the channel number for any station.
The grantee shall use its best efforts to ensure diversity of programming.
(b)
A basic service tier shall be offered to subscribers
throughout the term of this chapter and the franchise.
(c)
The grantee shall provide and maintain, at a minimum,
the following access channels whose purposes are outlined below:
[1]
Government Access Channel, which shall be a specifically
designated channel for local governmental use and shall be managed, scheduled
and programmed exclusively by the town.
[2]
Educational Channel, which shall be a specifically designated
channel for use by local public and private school authorities and shall be
managed, scheduled and programmed exclusively by them.
[3]
A Public Access Channel, which will be a specifically
designated channel available on a nondiscriminatory basis.
(d)
Pursuant to Section 612 of the Cable Act, grantee shall
make channel capacity available as required by federal law for commercial
use by any person, group, organization or entity unaffiliated with the franchise
upon reaching an appropriate agreement. Rates for commercial use shall comply
with applicable federal law and regulations.
(e)
The grantee shall produce and carry on a designated channel,
on a daily basis, an alphanumeric program guide describing, at a minimum,
the programs offered on the access channels described above.
(f)
The grantee shall fully provide, at a minimum, services,
facilities and equipment for public, educational and government access as
indicated in the franchise.
(2)
Emergency override. The grantee shall, without charge,
provide, service and maintain public emergency transmission facilities to
the town, as described in the franchise.
B.
Installations, connections and other grantee services.
(1)
Standard installations. Standard installation shall consist
of a service not exceeding 150 feet from a single point or pedestal attachment
to the customer's residence. The one-hundred-fifty-foot drop length specified
herein shall exclude the width of the street. Service in excess of 150 feet
and concealed wiring shall be charged not to exceed additional installation
costs before installation begins. The desire of the subscriber as to the point
of entry into the residence shall be observed whenever possible. Runs in building
interiors shall be as unobtrusive as possible. The grantee shall use due care
in the process of installation and shall repair any damage to the subscriber's
property caused by said installation. Such restoration shall be undertaken
within no more than 10 days after the damage is incurred and shall be completed
as soon as possible thereafter.
(2)
Deposits. Any deposit required by grantee shall bear
interest at a rate of not less than 8% or such lower amount as established
by state law or regulation.
(3)
Antennas and antenna switches. The grantee shall not,
as a condition to providing cable communications service, require any subscriber
or potential subscriber to remove any existing antenna structures for the
receipt of over-the-air television signals. The grantee shall install, upon
the request of the subscriber, an RF or antenna switch where required for
the provision of services provided by the grantee.
(4)
Lockout devices. The grantee shall provide to the potential
subscriber, as part of its promotional literature, information concerning
the availability of a lockout device for use by a subscriber. The grantee
reserves the right to require a reasonable deposit for the use of this device,
as set forth in the rate schedule. The lockout device described herein shall
be made available to all subscribers requesting it beginning on the first
day that any cable service is provided.
(5)
Reconnection. Grantee shall restore service to customers
wishing restoration of service, provided that customers shall first satisfy
any previous obligations owed. Grantee may require a deposit or refuse service
to any applicant for bona fide credit reasons which relate to the applicant's
overdue or delinquent account with grantee and may levy reasonable collection
charges on overdue or delinquent accounts.
(6)
Free disconnection. Subscribers shall have the right
to have cable service disconnected without charge. Such disconnection shall
be made as soon as practicable and in no case later than 15 days following
notice to grantee of the same. A refund of unused service charges shall be
paid to the customer within 30 days from the date of termination of service.
(7)
Delinquent accounts. Grantee shall use its best efforts
to collect on delinquent subscriber accounts. Service will not be disconnected
if a delinquent customer agrees at any time to be placed on a regular payment
plan to clear the account. In all cases, the grantee shall provide the customer
with at least 10 working days' written notice prior to disconnection.
C.
Service calls and complaint procedures.
(1)
The company shall establish, operate and maintain a business
office and maintenance and repair facility for the purpose of receiving inquiries,
requests and complaints concerning all aspects of the construction, installation,
operation and maintenance of the system and for the payment of subscribers'
service charges and providing facilities for the production of programming.
(2)
The grantee shall have a listed, locally staffed telephone
number for subscriber service calls and such telephone service shall be available
24 hours a day, seven days a week. The grantee shall provide a sufficient
number of telephone lines and telephone staff members to enable subscribers
to reach the grantee without unreasonable delay. Grantee's number shall
be published and made available to subscribers and the general public. The
grantee shall in addition provide an unlisted, locally staffed telephone number
to the town and utility companies to enable the town or the utility companies
to reach the grantee in case of emergency on a twenty-four-hour, seven-days-a-week
basis.
(3)
The grantee shall respond to and resolve subscribers'
complaints or requests for service in connection with repairs and maintenance
and malfunctions of system facilities. The grantee shall respond as quickly
as possible to such complaints and requests but shall in any case respond
within 24 hours. Complaints or requests which may pose a potential health
and safety hazard will be responded to immediately. In connection with billing
complaints, the grantee shall respond within seven business days.
(4)
The grantee shall prepare and file with the town copies
of all of its rules and regulations in connection with the handling of inquiries,
requests and complaints. The grantee shall, by appropriate means, such as
a card or brochure, furnish information concerning the procedures for making
inquiries or complaints, including the name, address and local telephone number
of the employee or employees or agent to whom such inquiries or complaints
are to be addressed, and furnish information concerning the town office responsible
for the administration of the franchise, including, but not limited to, the
address and telephone number of said office.
(5)
The grantee shall keep full records in connection with
all inquiries, complaints and requests in connection with the system which
require corrective action or referral to a supervisor and any written complaint.
Such records shall identify the person contacting the grantee and the person
responding on behalf of the grantee, the subject matter of the contact, the
date and time it was received, the resolution of the matter in question or
the action taken by the grantee in connection with the contact and the date
and time thereof and such other information as may be deemed pertinent by
the grantee. These records shall be made available for periodic inspection
by the town.
(6)
The grantee shall serve or replace without charge all
equipment provided by it to the subscriber; provided, however, that the grantee
may charge a subscriber for service to or replacement of any equipment damaged
due to negligence of such subscriber.
(7)
For recurrent complaints regarding service deficiencies
(other than total or partial loss of service, such as "ghosting," weak audio
signal, distortion and the like), the Town Supervisor may require the grantee
to investigate and report to him/her the causes and cures thereof, and the
Town Supervisor may also conduct his/her own investigation. Thereafter, the
Town Supervisor may order specified remedial action to be taken within reasonably
feasible time limits. If such action is not taken, or is ineffective, or if
within 30 days the grantee files with the Cable TV Advisory Committee a notice
of of objection to the order, the Cable TV Advisory Committee may conduct
a hearing and may, if the evidence warrants a finding of fault on the part
of the grantee, take appropriate action pursuant to the terms of this chapter.
D.
Continuity of service mandatory.
(1)
It shall be the right of all subscribers to receive continuous,
uninterrupted service insofar as their financial and other obligations to
the grantee are honored.
(2)
In the event that the grantee elects to rebuild, modify
or sell the system or the town gives notice of intent to terminate or fails
to renew its franchise, the grantee shall cooperate with the town or new grantee
or operator in maintaining continuity of service to all subscribers. During
such period, grantee shall be entitled to the revenues for any period during
which it operates the system and shall be entitled to reasonable costs for
the services when it no longer operates the system.
(3)
Failure to provide continuity. In the event that the
grantee fails to operate the system for seven consecutive days without prior
approval of the town or without just cause, the town may, at its option, operate
the system or designate an operator until such time as grantee restores services
under conditions acceptable to the town or a permanent operator is selected.
If the town is required to fulfill this obligation for the grantee, the grantee
shall reimburse the town for all reasonable costs or damages in excess of
revenues from the system received by the town that are the result of the grantee's
failure to perform.
E.
Protection of subscriber privacy.
(1)
Protection of subscriber privacy mandatory. Grantee shall
at all times protect the privacy of subscribers, as provided in this chapter
and other applicable federal, state and local laws.
(2)
Notice of privacy provisions. At the time of entering
into an agreement to provide any cable service or other service to a subscriber,
and at least once a year thereafter, grantee shall provide notice in the form
of a separate written statement to subscriber which clearly and conspicuously
informs the subscriber of:
(a)
The privacy rights for the subscriber and the limitations placed upon the grantee with regard to § 73-8 hereof and all other applicable federal, state and local subscriber privacy provisions.
(b)
The nature of personally identifiable information collected
or to be collected with respect to the subscriber and the nature of the use
of such information.
(c)
The nature, frequency and purpose of any disclosure which
may be made of such information, including an identification of the types
of persons to whom the disclosure may be made.
(d)
The period during which such information might be maintained
by the cable operator.
(e)
The times and place at which the subscriber may have
access to such information in accordance with this chapter and other applicable
federal, state and local law.
(3)
Collection of personally identifiable information prohibited.
Grantee shall not use or permit the use of the cable system to collect personally
identifiable information concerning any subscriber, except as necessary to
render a cable service or other service provided by the cable operator to
the subscriber. Grantee shall not install or permit the installation of any
special terminal equipment in any subscriber's premises for two-way transmission
of any aural, visual or digital signals without the prior written consent
of the subscriber. Grantee shall not tabulate nor permit others to tabulate
any subscriber use of the cable system which would reveal the opinions or
commercial product preferences of individual subscribers, whether residential
or business, or of any occupant or user of the subscriber's premises
without written authorization from the subscriber for his or her participation
in a shop-at-home or similar service. When providing such service, the grantee
may tabulate only those responses essential to the functioning of that shopping
or other service and may not use any such tabulation of individual preferences
for any other purposes. Tabulations of aggregate opinion or preference are
permitted, provided that the aggregations are sufficiently large to assure
individual privacy.
(4)
Personally identifiable information will not be disclosed
without conforming to Provision 631 of the Cable Act.
(5)
Grantee shall not predicate regular subscriber service
on the subscriber's grant or denial of permission to collect, maintain
or disclose personally identifiable information. A subscriber may at any time
revoke any permission previously given by delivering to the grantee a written
statement of that intent.
(6)
Each subscriber shall be provided access to all personally
identifiable information regarding such subscriber that grantee collects or
maintains or allows to be collected or maintained, and such subscriber shall
be provided the opportunity to correct any error in such information.
(7)
Any information concerning individual subscriber viewing
habits or responses, except for information for billing purposes, shall be
destroyed when no longer required for business purposes or otherwise required
to be kept by law.
(8)
This subsection is not intended to prohibit the use or
transmission of signals useful only for the control or measurement of system
performance.
F.
Rights of individuals.
(1)
Nondiscrimination required. Grantee shall not deny service,
deny access or otherwise discriminate against subscribers, channel users or
general citizens on the basis of race, color, religion, national origin, age,
sex or physical or mental handicaps, provided that the subscriber shall pay
all applicable fees for the service desired. Grantee shall comply at all times
with all other applicable federal, state and local laws and regulations and
all executive and administrative orders relating to nondiscrimination which
are hereby incorporated and made part of this chapter by reference.
(2)
Fairness of accessibility. The entire system of the grantee
shall be operated in a manner consistent with the principles of fairness and
equal accessibility of its facilities, equipment, channels, studios and other
services to all citizens, business, public agencies and other entities having
a legitimate use for the network; and no one shall be arbitrarily excluded
from its use. Allocation of use of said facilities shall be made according
to the rules or decisions of the grantee and any regulatory agencies affecting
the same.
(3)
Information accessibility.
(a)
Each individual shall have the right to information concerning
the provisions of this chapter and the rules and regulations formulated pursuant
to it by the Town Board, the grantee, agent or entity created hereunder or
pursuant to this local law available at Town Hall. The location and hours
of operation for the delivery of such information shall be published in the
newspaper of the greatest circulation within the town and in such other media
as the Town Board may determine.
(b)
Such information as may herein be prescribed will be
made available to the public and individual subscribers in such form required
for understanding, including the deaf and blind, and in such languages as
may be specified by the Town Board.
(c)
Each individual shall have the right to representation
on such boards, commissions, agencies or other entities created hereunder
or hereafter by the Town Board pursuant to the provisions of this chapter.
Such representation by citizens of the town shall be in the manner and form
as the Town Board may determine, ensuring equal participation of all protected
groups. Grantee shall strictly adhere to the equal employment opportunity
requirements of federal, state and local regulations, as may be applicable,
and as amended from time to time.
A.
Books and records available to the grantor.
(1)
The town shall have the right to inspect all books, records,
reports, maps, plans, financial statements and other like materials of the
grantee, at any time, upon reasonable notice, during normal business hours,
necessary to the enforcement of this chapter and the franchise. Grantee shall
provide such information in such form as may be required by the town for said
records. The town agrees to treat as proprietary any information identified
as such by grantee and shall not intentionally divulge any such information
publicly or to actual or potential competitors of grantee, except as may be
required in a legal proceeding or ordered by a court of competent jurisdiction.
(2)
Grantee shall permit any duly authorized representative
of the town to examine and copy or transcribe any and all maps and other records
kept or maintained by grantee or under its control concerning the operations,
affairs, transactions or property of grantee. If any of such maps or records
are not kept in the town, or upon reasonable request made available in the
town, and if the town shall determine that an examination of such maps or
records is necessary or appropriate to the performance of any of its duties,
then all travel and maintenance expenses necessarily incurred in making such
examination shall be paid by grantee.
B.
Reports required.
(1)
Upon request of the town, grantee shall file with the
town a copy of any technical, operational or financial report grantee submits
to the Commission, the FCC or other governmental entities that concern, directly
or indirectly, grantee's operation of the cable communications system
in the town.
(2)
Grantee shall prepare and submit to the town an annual
report setting forth the physical miles of plant construction and plant in
operation within the town during grantee's previous fiscal year.
(3)
Grantee shall file with the town, simultaneously with
their delivery to subscribers in the town, copies of all printed materials
prepared for general distribution to subscribers or a particular classification
of subscribers.
(4)
Unless the town provides a written notice to the contrary,
the following system and operational reports shall be submitted annually,
by March 1, to the town:
(a)
An annual summary of the previous year's activities
including, but not limited to, subscriber totals for each category of service
offered including number of pay units sold, new services offered and the character
and extent of the service rendered to other users of the system.
(b)
An annual summary of service requests and complaints
received and handled.
(c)
An annual summary of the number of area outages, the
reasons therefor and the action and time taken to restore service.
(d)
The required performance bond, or a certified copy thereof,
and written evidence of payment of required premium, and all policies of insurance
required by this chapter, or certified copies thereof, and written notice
of payment of required premium.
(5)
Grantee shall make available to the town such additional
information and records with respect to the operation, affairs, transactions
or property of the cable communications system and the service provided to
the town under this franchise as may be reasonably necessary and appropriate
to the performance of any of the rights, functions or duties of the town in
connection with this franchise as determined by the town.
(6)
Additional reports. The grantee shall prepare and furnish
to the town at the times and in the form prescribed such additional reports
with respect to its operation, affairs, transactions or property as may be
reasonably necessary and appropriate to the performance of any of the rights,
functions or duties of the town in connection with this chapter or the franchise.
C.
Records required.
(1)
Mandatory records. The grantee shall at all times maintain:
(a)
A record of all complaints received under the provisions of § 73-8C(5) above and interruptions or degradation of service experience for the preceding period prior to a performance review.
(b)
A full and complete set of plans, records and as-built
maps showing the exact location of all cable communication system equipment
installed or in the use in the town, exclusive of subscriber service drops.
(c)
Employment records as required by FCC rules.
(2)
Other records. The town may impose reasonable requests
for additional information, records and documents from time to time.
A.
Public notice. Minimum public notice of any public meeting
relating to this chapter or the franchise shall be by publication at least
in a newspaper of general circulation in the area at least seven days prior
to the meeting, posting at Town Hall, by announcement on a least one local
origination channel of the grantee's cable communications system between
the hours of 11:00 a.m. and 9:00 p.m. for five consecutive days prior to the
meeting.
B.
Captions. The captions to sections throughout this chapter
are intended solely to facilitate reading and reference to the sections and
provisions of this chapter. Such captions shall not affect the meaning or
interpretation of this chapter.
C.
Franchise applications.
(1)
Invitation of any applications for a franchise; public
notice of request for proposals. The town may invite applications for a cable
television franchise by means of a public notice advertising the availability
of its request for proposals.
(a)
The public notice shall contain, but need not be limited
to:
[1]
A description of the franchise area which is sought.
[2]
A statement that a formal request for proposals is available
to prospective applicants from a town official whose name, address and telephone
number are specified.
[3]
A statement that applications for the franchise must
be submitted, in writing, in the form and manner specified in the request
for proposals no later than a day certain.
[4]
A statement that all applications will be made available
for public inspection during normal business hours at a specified location.
(2)
Request for proposals. Prior to inviting any applications
for any television franchise, the town shall prepare a request for proposals
that shall contain, but need not be limited to, the following:
(a)
A description of the cable television system and services
desired by the town including any system specifications established by the
town.
(b)
A statement specifying the form that all applications
shall follow.
(c)
A statement indicating the amount of the application
fee (if any) to be submitted with the application and the manner in which
such fee is to be submitted.
(d)
A statement that all applications must contain the information
required by the request for proposal.
(e)
The closing date for the submission of applications.
(f)
The name, address and telephone number of the town official(s)
who may be contacted for further information.
(3)
Requirement for public hearing on reasonable notice.
The town shall conduct a public hearing prior to awarding any cable television
franchise. The hearing shall be preceded by reasonable notice to each of the
franchise applicants and to the public and shall be conducted by the Town
Board in accordance with the following procedures:
(a)
There shall be an agenda for the hearing which shall
specify the proposal(s) to be considered at the hearing.
(b)
Every person who has applied for a cable television franchise
shall appear at the hearing either in person or by authorized representative.
The application of any applicant not so appearing shall not be further considered,
except for good cause shown.
(c)
All persons shall be given opportunity to participate
in the hearing, but nothing contained herein shall limit the power of the
presiding officer to establish reasonable time limits and otherwise limit
repetitive statements or questions.
(d)
The notice of hearing shall:
(4)
Town discretion. The town, at its discretion, may reject
any application for a franchise. In awarding a franchise, the town shall allow
the applicant's cable system a reasonable period of time to become capable
of providing cable service to all households in the franchise area; may require
adequate assurance that the cable operator will provide adequate public, educational
and governmental access channel capacity, facilities or financial support;
and may require adequate assurance that the cable operator has the financial,
technical or legal qualifications to provide cable service.
D.
Waiver of provisions. In conjunction with the grant of any cable
television franchise, the Town Board may authorize a provision in the franchise
agreement finding that the terms of the franchise agreement are comprehensive
and that it will be unnecessary to enforce the provisions of this chapter,
the "Mount Pleasant Cable Communication Regulatory Local Law," and that all
of the provisions thereof are waived with respect to that franchise.
[Added 5-22-2007 by L.L. No. 1-2007]
