The purpose of this chapter is to provide for town regulation and use
of the community antenna television system, including its construction, operation
and maintenance in, along, upon, across, above, over and under the streets,
alleys, public ways and public places now laid out or dedicated, and all extensions
thereof and additions thereto, in the Town of Shapleigh, including poles,
wires, cables, underground conduits, manholes, conductors and fixtures necessary
for the maintenance and operation in the Town of Shapleigh of the community
antenna television system and to provided conditions accompanying the grant
of franchise.
As used in this chapter, the following terms shall have the meanings
indicated:
CABLE TELEVISION COMPANY
Any person, firm or corporation owning, controlling, operating, managing
or leasing a CATV system within the Town of Shapleigh, sometimes hereinafter
referred to as the "company."
CATV SYSTEM
Any community antenna television system or facility that, in whole
or part, receives directly or indirectly, over the air, and amplifies or otherwise
modifies signals transmitting programs broadcast by one or more television
or radio stations, or originates its own signal or signals and distributes
those signals by wire or cable to subscribing members of the public who pay
for such services, but such term shall not include any such facility that
serves only the residents of one or more apartment dwellings under common
ownership, control or management.
TOWN
The Town of Shapleigh, Maine, organized and existing under the laws
in the State of Maine and the area within its territorial limits.
No person, firm or corporation shall install, maintain or operate within
the town or any part of its public streets or other public area any equipment
or facilities for the operation of a CATV system unless a franchise authorizing
the use of said public streets or areas has first been obtained pursuant to
the provisions of this chapter and unless said franchise is in full force
and effect.
Before authorizing the issuance of any such franchise contract or contracts,
the Shapleigh Board of Selectmen shall review the applicant's character,
financial and technical qualifications and the adequacy and feasibility of
its qualification to operate a CATV system throughout the town and shall conduct
a public hearing thereon with at least seven days' advertised notice
prior to said public hearing.
The CATV company shall provide sufficient insurance to indemnify and
hold harmless the Town of Shapleigh, its agents and its employees from and
against all claims, damages, losses and expenses, including attorney's
fees, arising out of or resulting from the performance of the work, maintenance
of the system and damages caused by components or portions thereof, provided
that any such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property,
including the loss of use resulting therefrom, and is caused in whole or in
part by any negligent or willful act or omission of the CATV company and anyone
directly or indirectly employed by it or anyone for whose acts any of them
may be liable. Upon the execution of any such franchise contract, the cable
television company shall file a surety company performance bond in the amount
of 100% of the contract or $200,000, whichever is greater, conditioned upon
the faithful performance of said contract and full compliance with any laws,
ordinances or regulations governing said franchise. Said performance bond
shall be reduced to 50% of the initial contract upon the completion of the
installation of said system as per said contract.