It is the intent of the town to promote the public health, safety, and
general welfare by providing for the grant of one or more franchises for the
construction and operation of a cable system; to provide for the regulation
of each cable system by the town; to provide for the payment of fees and other
valuable consideration by a franchisee to the town for the privilege of using
the public rights-of-way for constructing and operating a cable system; to
promote widespread availability of cable service to Town residents wherever
economically feasible, including to those who reside in multifamily buildings;
to encourage the development of cable as a means of communication between
and among the members of the public and public institutions; and to encourage
the provision of diverse information to the community over cable.
For purposes of this ordinance the following words and their derivations
have the meanings defined below. Words not defined below are given their meaning
in Section 602 of the Cable Act, 47 U.S.C. § 522, and, if none,
their common and ordinary meaning. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include the
plural number. The word "shall" is mandatory and the word "may" is permissive.
ACCESS CHANNEL
Any channel set aside for public use, educational use, or governmental
use without a charge by the franchisee for such channel usage.
APPLICATION
A proposal to construct and operate a cable system within the town,
transfer a franchise, renew a franchise or modify a franchise. An application
includes the initial proposal plus all subsequent amendments or supplements
to the proposal and relevant correspondence.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq.
CABLE SERVICE
The one-way transmission of any video or other programming service
to subscribers together with any subscriber interaction provided in connection
with such service.
CABLE SYSTEM
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 video programming and which is provided
to multiple subscribers within the town. Such term does not include:
A.
A facility that serves only to retransmit the television signals of
one or more local (i.e., Baltimore/Washington Area) television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple unit
dwellings under common ownership, control, or management, unless such facility
uses or crosses (whether above, on or below ground) any public street, road,
way, easement or right-of-way.
C.
A facility of a common carrier that is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, 47 U.S.C.
§ 201 et seq., except that such facility will be considered a cable
system to the extent it is used in the transmission of video programming directly
to subscribers; or
D.
Any facilities of any electric utility used solely for operating its
electric utility systems.
CONTROL OF A FRANCHISEE OR APPLICANT
The legal or practical ability to direct the affairs of the franchisee
or applicant either directly or indirectly, whether by contractual agreement
or majority ownership of an economic interest.
DEPARTMENT
The Public Works personnel of Leonardtown, Maryland.
DISTRICT
The geographic area within the town designated by the franchise agreement
in which the franchisee is authorized to construct and operate a cable system.
FCC
The Federal Communications Commission.
FRANCHISE
The right granted by the town to a franchisee to construct, maintain
and operate a cable system over or under all streets, roads and other public
ways, easements and rights-of-ways within all or specified areas of the town.
The term does not include any license or permit that may be required by this
subtitle or other laws, ordinances, or regulations of the town for the privilege
of transacting and carrying on a business within the town or for disturbing
the surface of any street or public thoroughfare.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions of this
ordinance between the town and a franchisee that sets forth the terms and
conditions under which the franchise will be exercised.
FRANCHISEE
Any person granted a franchise pursuant to this ordinance.
GROSS REVENUES
All revenues derived by a franchisee from the operation of its cable
system within those areas of the town governed by this ordinance, including,
but not limited to, revenues therein derived from cable service, home shopping
channels, institutional services, rental or lease of equipment, installation
fees or ancillary services. Gross revenues shall not include bad debt (i.e.,
revenues not received by a franchisee), or taxes or other assessments collected
by a franchisee for or on behalf of any governmental entity.
LEASED ACCESS CHANNEL
A channel designated in accordance with Section 612 of the Cable
Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated
with the franchisee.
OVERBUILD
A cable system constructed to serve subscribers in a district or
part of a district served by an existing cable system, including those parts
of an existing system that will be constructed within six months pursuant
to plans filed with the town.
PERSON
Any individual, corporation, partnership, association, joint venture
or organization of any kind and the lawful trustee, successor, assignee, transferee
or personal representative thereof.
SUBSCRIBER
Any person who legally receives any one of the services provided
by the cable system.
SYSTEM MALFUNCTION
An equipment or facility failure that results in the loss of satisfactory
service on one or more channels. A malfunction is major if it affects 100
or more subscribers.
TOWN
Leonardtown, Maryland.
TRANSFER OF A FRANCHISE
Any transaction in which:
A.
An ownership or other interest in a franchises is transferred from one
person or group of persons to another person or group of persons so that control
of the franchisee is transferred or
B.
The rights held by the franchisee under a franchise agreement are transferred
or assigned to another person or group of persons.
The town may grant one or more franchises in accordance with this subtitle.
No person may construct or operate a cable system in the town without a franchise
granted by the town.
A franchisee shall protect the privacy of all subscribers pursuant to
the provisions of Section 631 of the Cable Act, 47 U.S.C. § 551.
A franchisee shall not condition subscriber service on the subscriber's grant
of permission to disclose information which, pursuant to federal law, cannot
be disclosed without the subscriber's explicit consent.
Unless otherwise provided in the franchise agreement:
A. A transfer of a franchise shall not occur without prior
approval of the town provided that the town shall not unreasonably withhold
or delay its approval.
B. The proposed transferee shall submit to the Commissioners an application to transfer the franchise. An application to transfer a franchise shall meet the requirements of §
A165-6 and provide complete information on the proposed transaction, including details on the legal, character, financial, technical and other pertinent qualifications of the transferee, and on the potential impact of the transfer on subscriber rates. At minimum, the information required in § A165-7G(1) through (4) shall be provided by the proposed transferee. The information required in §
A165-7E(5) through
(10) shall also be provided whenever the proposed transferee expects material changes to occur in those areas.
C. Final action on an application for transfer of a franchise
shall be taken by the Commissioners.
D. Approval by the town of a transfer of a franchise does
not constitute a waiver or release of any of the rights of the town under
this ordinance or the franchise agreement.
E. The town may impose a grant fee to cover its costs in
excess of the filing fee in considering an application for transfer of a franchise.
It is unlawful for any person to offer any gift, favor, loan, service,
promise, employment or anything of value to an official or employee, or for
an official or employee to solicit or accept any such thing of value, for
the purpose of influencing the grant, modification, renewal, transfer or any
other matter affecting a franchise or the administration or enforcement of
this ordinance.
For the purpose of consumer information the franchisee shall provide
a minimum 30 days' prior notice to the town and the subscribers of any changes
in rates and charges. At such time as federal law permits rate regulation
of the franchisee's cable system, the town reserves the right, upon at least
120 days' prior written notice to the franchisee to implement procedures to
impose such regulation.
If any part of this ordinance is held invalid, the invalidity shall
not affect the other parts.