[HISTORY: Adopted by the Special Town Meeting of the Town of Shapleigh 10-15-1988
by Art. 8. Amendments noted where applicable.]
The purpose of this chapter is to provide for town regulation and use
of the community antenna television system, including its construction, operation
and maintenance in, along, upon, across, above, over and under the streets,
alleys, public ways and public places now laid out or dedicated, and all extensions
thereof and additions thereto, in the Town of Shapleigh, including poles,
wires, cables, underground conduits, manholes, conductors and fixtures necessary
for the maintenance and operation in the Town of Shapleigh of the community
antenna television system and to provided conditions accompanying the grant
of franchise.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, firm or corporation owning, controlling, operating, managing
or leasing a CATV system within the Town of Shapleigh, sometimes hereinafter
referred to as the "company."
Any community antenna television system or facility that, in whole
or part, receives directly or indirectly, over the air, and amplifies or otherwise
modifies signals transmitting programs broadcast by one or more television
or radio stations, or originates its own signal or signals and distributes
those signals by wire or cable to subscribing members of the public who pay
for such services, but such term shall not include any such facility that
serves only the residents of one or more apartment dwellings under common
ownership, control or management.
The Town of Shapleigh, Maine, organized and existing under the laws
in the State of Maine and the area within its territorial limits.
No person, firm or corporation shall install, maintain or operate within
the town or any part of its public streets or other public area any equipment
or facilities for the operation of a CATV system unless a franchise authorizing
the use of said public streets or areas has first been obtained pursuant to
the provisions of this chapter and unless said franchise is in full force
and effect.
A.Â
The Shapleigh Board of Selectmen may contract on such
terms, conditions and fees as are in the best interests of the municipality
and its residents with one or more cable television companies for the operation
of a CATV system throughout the town, including the granting of a franchise
or franchises for the operation thereof for a period not to exceed 10 years.
B.Â
Applicants for a franchise shall pay a nonrefundable
filing fee to the town of $250 to defray the cost of public notice and advertising
expenses relating to such application. The applications shall be filed with
the Town Clerk and shall contain such information as the town may require,
including but not limited to a detailed description of the service area to
be served, with the areas shown on a map of the town, a projected time schedule
for each service area, a general description of the applicant's proposed
operations, a schedule of proposed charges, a statement detailing its business
or corporate organization with a financial statement for the two previous
fiscal years, an estimated ten-year financial projection of its proposed system
and its proposed annual town franchise fee or the basis for same, and a statement
detailing the prior operational experience of the applicant in both CATV and
microwave service, including that of its officers, management and staff to
be associated with the proposed operation.
C.Â
Said franchise contract may be revoked by the Shapleigh
Board of Selectmen for good and sufficient cause after due notice to the company
and a public hearing thereon, with the right to appeal to the York County
Superior Court under Rule 80B of the Maine Rules of Civil Procedure.
Before authorizing the issuance of any such franchise contract or contracts,
the Shapleigh Board of Selectmen shall review the applicant's character,
financial and technical qualifications and the adequacy and feasibility of
its qualification to operate a CATV system throughout the town and shall conduct
a public hearing thereon with at least seven days' advertised notice
prior to said public hearing.
The CATV company shall provide sufficient insurance to indemnify and
hold harmless the Town of Shapleigh, its agents and its employees from and
against all claims, damages, losses and expenses, including attorney's
fees, arising out of or resulting from the performance of the work, maintenance
of the system and damages caused by components or portions thereof, provided
that any such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property,
including the loss of use resulting therefrom, and is caused in whole or in
part by any negligent or willful act or omission of the CATV company and anyone
directly or indirectly employed by it or anyone for whose acts any of them
may be liable. Upon the execution of any such franchise contract, the cable
television company shall file a surety company performance bond in the amount
of 100% of the contract or $200,000, whichever is greater, conditioned upon
the faithful performance of said contract and full compliance with any laws,
ordinances or regulations governing said franchise. Said performance bond
shall be reduced to 50% of the initial contract upon the completion of the
installation of said system as per said contract.
