No franchise issued pursuant to the provisions of this chapter
shall be deemed to expressly or impliedly authorize the grantee to
utilize its cable/video system to provide any service in such manner
as to unlawfully damage any business competitor or other third party
or violate any statutes or regulations of the United States or the
State of New York; nor shall any grantee, by act or omission, engage
in any anti-competitive practice in violation of any statutes or regulations
of the United States or the State of New York. The provisions of this
section shall be enforceable in courts of competent jurisdiction against
a grantee by any party who alleges injury as a result of an alleged
violation thereof.
For the purpose of operating and maintaining a cable or video
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, fiber, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, pedestals, attachments and other property and equipment
as are necessary to the operation of a cable or video system; provided,
however, that the grantee complies with all design, construction,
safety and performance provisions contained in this chapter, the franchise
and other applicable state, federal and local regulations.
No cable or video system shall be permitted to operate without
a franchise or encroachment agreement. At the minimum, the franchise
shall contain representations by the grantee that:
A. It accepts and agrees to all of the provisions of this chapter, and
any supplementary specifications, including and not limited to construction,
operation or maintenance of the cable/video system, which the Town
may include in the franchise.
B. It has examined all of the provisions of this chapter and waives
any claims that any provision of this chapter is unreasonable, arbitrary
or void (except where voided by federal or state law).
C. It recognizes and agrees that the Town shall in no way be bound to
renew the franchise at the end of any franchise term.
D. It acknowledges that its rights under this chapter are subject to
the police power of the Town to adopt and enforce general ordinances
necessary to assure the safety and welfare of the public; and it agrees
to comply with all applicable general laws enacted by the Town pursuant
to such power.
The term of any franchise granted pursuant to this chapter shall
be stated in the franchise agreement and shall not exceed 10 years
or other term limit provided by state and is limited to a single six-month
extension, whereupon it shall expire.
Whenever this chapter or the franchise shall set forth any time
for an act to be performed by or on behalf of the grantee, such time
shall be deemed of the essence.
In any controversy or dispute under this chapter, the law of
the state shall apply (Title 9 of the Official Compiled Codes, Rules
and Regulations of the State of New York, Parts 589, 590 through 599
and 894) and is hereby incorporated by reference.
Upon completion of the term of any franchise granted under this
chapter, and following good faith franchise renewal negotiations with
the grantee, the Town may, at its sole discretion, grant or deny renewal
of the franchise of the grantee in accordance with applicable federal
provisions of the Cable Act and state law. The grantee shall own the
cable/video system, but shall have no property right in the public
rights-of-way upon the completion of the franchise term.
Equal opportunity employment shall be afforded by all operators
of cable/video 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.
All notices from the grantee to the Town pursuant to this chapter
and the franchise shall be to the Town Administrator or his/her designee.
Throughout the term of the franchise, the grantee shall maintain within
the Rochester metropolitan area an address for service of notices
by mail and a local office and telephone number for the conduct of
matters related to the franchise during normal business hours. The
grantee shall advise the Town of such address(es) and telephone numbers
and any changes 30 days prior to such effect.
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.
The grantee shall have no recourse whatsoever against the Town
or its officials, boards, commissions, agents or employees for any
loss, cost, expense or damage arising out of any provision or requirements
of the franchise or because of the legal enforcement of this chapter
or the franchise.