As used in this chapter, the following terms shall have the meanings indicated:
CABLE TELEVISION FACILITIES
A system of antennas, cables, amplifiers, wires, lines, towers, microwave links, wave guides, laser beams, optical fibers, satellites, converters, conductors, transmission lines, equipment or facilities designed and constructed for the purpose of producing, receiving, storing, processing, transmitting, amplifying, scrambling and distributing audio, video, digital and other forms of electronic or electrical signals to subscribing members of the public for a fixed or period fee.
A. 
In consideration of the faithful performance and observance of the conditions, restrictions and reservations hereinafter specified, a nonexclusive franchise is hereby granted to Comcast Cablevision of Delmarva, Inc., its successors and assigns, hereinafter called the "grantee," to erect, maintain and operate cable television facilities in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places in the Town of Princess Anne until November 4, 2007, or until extended in accordance with Subsection B below.
B. 
The term of the franchise granted herein shall be 10 years from November 5, 1997, and end on November 4, 2007. The franchise and all of its terms and conditions shall be automatically renewed for two successive terms of five years each following the original term hereof unless either party shall give to the other written notice of termination at least 36 months in advance of and prior to the expiration of the original term or either renewal or extension hereof. Any such notice shall be sent by United States certified or registered mail, return receipt requested, or shall be delivered personally and shall be considered in compliance with the terms of this subsection if such mailing or delivery shall be accomplished on or before set out herein.
C. 
The grantee shall operate in accordance with the laws and regulations of the United States of America and the State of Maryland and the ordinances and regulations of the President and Commissioners of Princess Anne and the Somerset County Sanitary District, Inc.
D. 
The grantee's cable television facilities shall conform to all the requirements of the Federal Communications Commission regulating such systems, particularly with respect to freedom from spurious signal radiation.
E. 
Nothing contained in this chapter shall be construed to grant to Comcast Cablevision of Delmarva, Inc., or any other company an exclusive franchise, and the President and Commissioners hereby reserve the right to grant a like consent to any other company, corporation, person or persons for like purposes.
A. 
The grantee shall indemnify and hold the Town of Princess Anne and its President and Commissioners and employees free and harmless from any and all damages and claims for damages arising for any reason from the construction, erection, operation and maintenance of any structure, equipment, appliance or products authorized or used pursuant to the authority of this franchise or any other constructions.
B. 
The grantee shall carry insurance in such form and in such companies as shall be approved by the Town Attorney or the President and Commissioners of Princess Anne to protect the town and itself from and against any and all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliances or products authorized or used pursuant to the authority of this franchise, and the amount of such insurance against liability of the grantee referred to in this franchisee shall be in the minimum combined amount of $1,000,000 for bodily injury and property damage. The foregoing minimum limitation shall not prohibit the grantee from obtaining a liability insurance policy or policies in excess of such limitations.
C. 
The grantee, upon receipt of due notice, in writing, from the Commissioners, shall defend, at its own expense, any action or proceeding against the President and Commissioners of Princess Anne in which it is claimed that the injury or damage arose from the grantee's activities in the operation of its cable television facilities.
A. 
The grantee shall pay a franchise tax to the town of Princess Anne equal to 5% of the revenue from the grantee's gross receipts derived from all cable service, including premium channels, installation fees and additional outlets within the town limits. This tax shall be paid every six months on the first day of May for the preceding six-month period ending on March 31 and on the first day of November for the preceding period ending September 31.
B. 
An officer of the grantee shall certify to the President and Commissioners of Princess Anne all the revenues received on which tax is due to the town. Said certification shall be furnished to the President and Commissioners at least annually and prepared in accordance with generally accepted accounting standards as established by the Financial Accounting Standards Board (FASB) and within 120 days of the last day of the grantee year and accounting month. If, as the result of such audit or any other review, the Town of Princess Anne determines that the grantee has underpaid its fees in any twelve-month period by 10% or more, then, in addition to making full payment of the relevant obligation, the company shall reimburse the Town of Princess Anne for all of the reasonable out-of-pocket costs associated with the audit or review.
A. 
The poles and posts used for the grantee's distribution system shall be those erected by the grantee and/or those erected and maintained by the Chesapeake and Potomac Telephone Company and/or the Delmarva Power and Light Company and/or such other person, firm or corporation at the time maintaining poles or posts within the town limits when and where practicable, provided that mutually satisfactory rental agreements can be entered into with such companies.
B. 
The grantee shall file, upon request, with the Commissioners all agreements entered into by the grantee with the Chesapeake and Potomac Telephone Company and/or the Delmarva Power and Light Company and any such other person, firm or corporation maintaining poles or posts within the town limits for use of such poles or posts in the grantee's cable television facilities.