A.
Exercise appropriate regulatory. The Town shall exercise appropriate
regulatory authority under the provisions of this chapter and applicable
law. This authority shall be vested in the Town Board and administered
through the Town Administrator or his/her designee to provide day-to-day
administration and enforcement of the provisions of this chapter and
any franchise granted under this chapter, and to carry out the Town's
responsibilities.
B.
Compliance with all laws. The grantee shall at all times comply with
all laws and regulations of the local, state and federal government.
C.
Plenary authority. The Town reserves the right to exercise the maximum
plenary authority.
A.
The Town shall exercise all regulatory responsibility as permitted
under current federal, state and local regulations, including, but
not limited to:
(1)
Administration and enforcement of the provisions of this chapter
and any franchise granted under this chapter.
(2)
Award renewal, an extension or terminate a franchise pursuant to
the provisions of this chapter, the franchise and other applicable
law.
(3)
Consent prior to sale or transfer of any franchise granted under
this chapter.
(4)
The performance of grantee pursuant to the terms of this chapter
and the franchise.
(5)
Applicable rate regulation.
B.
The Town also reserves the right to perform the following functions:
(1)
Develop objective and coordinate activities related to the operation
of public, educational and government access cable/video programming
services.
(2)
Coordinate plans for expansion, interconnection and growth of cable/video
programming services.
(3)
Formulate and recommend long-range telecommunications policy for
the Town, and determine the Town's view of the future cable-related
needs and interests of the community.
(4)
Provide the administrative effort necessary to conduct periodic grantee
performance evaluations, and any other activities required for the
administration of the franchise.
(5)
Monitor the grantee's process for handling citizen complaints
and periodically inspect and analyze the record related to such complaints.
(6)
Receive applications for rate increases if applicable and provide
staff assistance in the analysis and recommendations thereto.
(7)
Monitor the grantee's adherence to operational standards, service
requirements and line extension policies.
(8)
Ensure compliance with applicable laws and ordinances.
(9)
Arrange tests and analysis of equipment and performance, as needed
to ensure compliance with this chapter and the franchise.
(10)
Ensure cable/video programming services continuity.
(11)
Receive for examination all data and reports required by this
chapter.
A.
Rate schedule required. The grantee shall file with the Town schedules
that describe all services offered, all rates and charges of any kind,
and all terms and conditions relating thereto. No rates or charges
shall be effective except as they appear on a schedule so filed. The
grantee shall notify subscribers in writing by mail at least 30 days
prior to the implementation of any change in services offered, rates
charged or terms and conditions related thereto.
B.
Uniform rates required. The grantee shall establish rates that are
uniform to all subscribers in the franchise area for all services.
Nothing contained in this section shall prohibit the grantee from
offering discounts to commercial and multiple-family dwelling subscribers
billed on a bulk basis, promotional discounts or reduced installation
rates for subscribers who have multiple services. The grantee shall
send a complete list of its charges and rates for all tiers and services
annually to all subscribers.
C.
Authorization to regulate rates. The Town shall have the right to
exercise rate regulation to the full extent authorized by federal,
state or local law or regulation, or to refrain from exercising such
regulation for any period of time, at the sole discretion of the Town.
D.
FCC rate-making rules. If and when exercising rate regulation, the
Town shall exercise its regulatory authority consistent with the Federal
Communication Commission's (FCC) rate regulation rules.
E.
Exclusive programming agreements prohibited. Unless approved by the
Town and to the extent consistent with federal law, a grantee must
not, in its rates or charges, or in the availability of the services
or facilities of its system, or in any other respect, grant undue
preferences or advantages to any subscriber or potential subscriber,
or to any user or potential user, nor subject any of these persons
to any undue prejudice or any disadvantage.
F.
Service discrimination. A grantee must not deny, delay, or otherwise
discriminate against subscribers or users on the basis of age, race,
religion, color, sex, sexual orientation, handicap, national origin,
or marital status, except for a discount of 40% to elderly and handicapped
residents whose eligibility is certified by the Town and whose income
falls below the federal income poverty level established for Monroe
County, New York.
A.
Performance evaluation. At its discretion, the Town shall conduct
performance evaluations of the grantee once every five years. All
such evaluation sessions shall be open to the public.
B.
Special session authorized. Special evaluation sessions regarding
the grantee's performance pursuant to this chapter, franchise
and the public may be held at any time during the term of the franchise
at the request of the Town.
C.
Public notice required. All grantee evaluation sessions shall be
open to the public and announced in a newspaper of general circulation
in accordance with public notice.
D.
Topics. Topics which may be discussed at any scheduled or special
evaluation session may include, but not be limited to, system performance
and construction, grantee compliance with this chapter and the franchise,
customer service and complaint response, subscriber privacy, services
provided, programming offered, service rate structures, franchise
fees, penalties, free or discounted services, applications of new
technologies, judicial and FCC filings, and cable/video system extensions.
E.
Grantee cooperation required. During the review and evaluation by
the Town, the grantee shall fully cooperate with the Town and shall
provide such information and documents as the Town may need to reasonably
perform its review.
A.
Penalties. In addition to any other remedies provided for in this
chapter or otherwise available by law, the Town shall have the power
to impose monetary penalties in the event a grantee violates any provision
of this chapter, a franchise, or any rule or regulation adopted hereunder
and shall conform to the following principles:
(1)
Penalties shall exceed the financial benefits to a grantee delaying
or failing to comply with the applicable requirement;
(2)
Even where such benefits are not easily discernible, the penalties
shall be large enough to have a significant deterrent effect on a
grantee; and
(3)
Penalties shall be sufficient to protect the Town and other affected
parties against loss of revenues resulting from violations.
B.
Other monetary sanctions. A franchise shall also provide for fines,
liquidated damages and other monetary sanctions, the amounts of which
shall also reflect the foregoing principles.
C.
Private suit against grantee. Any person or organization adversely
affected by a violation, or by a pattern and practice of violations,
shall have the right to sue a grantee in a court of competent jurisdiction
for damages and for injunctive and other relief to require enforcement
of the franchise. Organizations shall be entitled to sue on behalf
of themselves or their members. The remedy herein provided shall be
in addition to any remedies provided by law. Except in emergency situations
in which immediate relief is required, private litigants shall notify
the Town Attorney not fewer than 10 days prior to filing suit. However,
a suit by the Town shall not preempt the private litigant's right
to proceed.