This chapter shall constitute the "Cable System Ordinance" of
the City of Hagerstown and may be referred to as such.
For the purposes of this chapter, the following words, terms,
phrases and their derivations have the meanings given herein. When
not inconsistent with the context, words used in the present tense
include the future tense, words in the singular number include the
plural number and words in the plural number include the singular
number.
APPLICANT
Any person or entity that applies for an initial franchise.
CABLE ACT
The Cable Communications Policy Act of 1984, as amended by
the Cable Television Consumer Protection and Competition Act of 1992
and the Telecommunications Act of 1996, and as any of them may be
amended.
CABLE OPERATOR
Any person or group of persons, including a franchisee, who
provides cable service over a cable system and directly or through
one or more affiliates owns a significant interest in such cable system
or who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system.
CABLE SERVICE
The one-way transmission to subscribers of video programming
or other programming service, and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service.
CABLE SYSTEM
Any 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 video programming and which is provided to multiple subscribers within a community, but such term does not include A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; B) a facility that serves subscribers without using any public right-of-way; C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5 of the Federal Communications Act (47 U.S.C. §
201 et seq.), except that such facility shall be considered a cable system {other than for purposes of 47 U.S.C. § 621(c) [47 U.S.C. § 541(c)]} to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; D) an open video system that complies with federal statutes; or E) any facilities of any electric utility used solely for operating its electric utility systems.
CITY
The City of Hagerstown, a municipal corporation of the State
of Maryland, and all of the area within its boundaries, as such may
change from time to time.
CITY COUNCIL
The Hagerstown City Council, or its successor, the governing
body of the City.
FRANCHISE
An agreement that authorizes a person or entity to construct,
operate, maintain or reconstruct a cable system. Upon the written
acceptance by a franchisee, the agreement constitutes a contract between
the City and franchisee.
FRANCHISEE
The person, firm, corporation or entity to whom or which
a franchise, as hereinabove defined, is granted by the City Council
under this chapter and the lawful successor, transferee or assignee
of said person, firm, corporation or entity.
RIGHT-OF-WAY or RIGHTS-OF-WAY
All of the following which have been dedicated to the public
or are hereafter dedicated to the public and maintained under public
authority or by others and are located within the City: streets, roadways,
highways, avenues, lanes, alleys, bridges, sidewalks, easements and
similar public property and areas.
SUBSCRIBER
Any person who or which elects to subscribe to, for any purpose,
cable service provided by a franchisee by means of or in connection
with the cable system and whose premises are physically wired and
lawfully activated to receive cable service from the franchisee's
cable system.
It is unlawful to engage in or commence construction, operation,
or maintenance of a cable system in the City without a franchise issued
under this chapter. The City Council may, by ordinance, issue a nonexclusive
franchise to construct, operate and maintain a cable system within
all or any portion of the City to any person or entity, whether operating
under an existing franchise or not, who applies for authority to furnish
cable service which complies with the terms and conditions of this
chapter, and provided that such person or entity also agrees to comply
with all of the provisions of the franchise. However, this shall not
be deemed to require the grant of a franchise to any particular person
or entity. The City Council may restrict the number of franchisees
should it determine such a restriction would be in the public interest.
A franchise granted by the City under the provisions of this
chapter shall:
A. Permit
the franchisee to engage in the business of operating a cable system
and providing cable service within the City;
B. Permit
the franchisee to erect, install, construct, repair, rebuild, reconstruct,
replace, maintain and retain cable lines, related electronic equipment,
supporting structures, appurtenances and other property in connection
with the operation of the cable system in, on, over, under, upon,
along and across rights-of-way within the City;
C. Permit
the franchisee to maintain and operate said cable system for the origination,
reception, transmission, amplification and distribution of cable television
signals and for the delivery of cable service; and
D. Set forth the obligations of the franchisee under the franchise.
Any franchise granted pursuant to this chapter shall be nonexclusive
and not preclude the City from granting other or future franchises
or permits or preclude the City from using any rights-of-way or other
public properties or affect its jurisdiction over them or any part
of them, or limit the full power of the City to make all necessary
changes, as the City in its sole discretion shall decide, including
the dedication, establishment, maintenance and improvements of all
rights-of-way and thoroughfares and other public properties of any
type.
No franchise shall relieve a franchisee of any of its obligations
in obtaining pole or conduit agreements from any department of the
City, from any utility company, or from others maintaining facilities
in the rights-of-way.
A franchisee shall comply with and obtain, at its own expense,
all permits, licenses and other authorizations required by federal,
state and local laws, rules, regulations and applicable resolutions
and ordinances which are now existing or hereafter lawfully adopted.
In addition to the inherent powers of the City to regulate and
control any franchise it issues, the authority granted to it by the
Cable Act, and those powers expressly reserved by the City, or agreed
to and provided for in a franchise, the right and power is reserved
by the City to promulgate such additional rules and regulations as
it may find necessary in the exercise of its lawful powers and in
furtherance of the terms and conditions of a franchise and this chapter,
and as permitted by applicable state and federal law.
The provisions of this chapter shall apply to all cable operators
and cable systems to the greatest extent permissible under applicable
law.