[HISTORY: Adopted by the Town of Cumberland 4-28-1980. Amendments
noted where applicable.]
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 Cumberland, sometimes
hereinafter referred to as "the company."
Any community antenna television system or facility that,
in whole or in 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 produced through any of its community access
channels, and distributes such 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 Cumberland 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 of its public streets or other public areas
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.
The municipal officers of the Town may contract on such terms, conditions
and fees as are in the best interest of the municipality and its residents
with one or more cable television companies for the operation of a
CATV system within the Town, including the granting of a franchise
or franchises for the operation thereof for a period not to exceed
10 years.
B.
Applicants for a franchise shall pay a nonrefundable filing fee to
the Town established by order of the Town Council to defray the cost
of public notice and advertising expenses relating to such application.
The application shall be filed with the Town Clerk and shall contain
such information as the Town may require; including but not limited
to a general description of the applicant's proposed operation,
a schedule of proposed charges, a statement detailing its previous
two fiscal years, an estimated ten-year financial projection of its
proposed system and its proposed annual Town franchise fee or the
basis for the 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.[1]
C.
Said franchise contract may be revoked by the municipal officers
for good and sufficient cause after due notice to the company and
a public hearing thereon, with the right to appeal to the Cumberland
County Superior Court under Rule 80-B of the Court Rules of Civil
Procedure in accordance with due process.
Before authorizing the issuance of any such franchise contract
or contracts, the municipal officers shall review the applicant's
character and financial and technical qualifications and the adequacy
and feasibility of its qualifications to operate a CATV system within
the Town and shall conduct a public hearing thereon with at least
seven days' advertised notice prior to said public hearing.
Upon the execution of any such franchise contract, the cable
television company shall file a surety company performance bond in
the amount of $50,000 conditioned upon the faithful performance of
said contract and full compliance with any laws, ordinances, or regulations
governing said franchise and also evidence of such public liability
insurance coverage as the municipal officers may require. Said performance
bond shall be reduced to $25,000 upon the completion of the installation
of said system as per said contract.
The Town Manager is hereby authorized to enter into an interlocal
agreement with the Towns of Falmouth and Yarmouth for the purpose
of establishing a CATV regulatory board. The CATV regulatory board
shall have a chairman, vice chairman, and a secretary and shall have
the following duties. It shall:
A.
Adopt such rules and regulations as it may deem necessary for monitoring
and regulating the operation of the system, said rules and regulations
being subject to the approval of the town council of each town which
is a signatory to the interlocal agreement mentioned above.
B.
Make recommendations to the cable television company concerning educational
and local interest programming.
C.
Resolve complaints, disputes, or disagreements between subscribers
and the company.
D.
Have the authority to conduct public hearings and issue such appropriate
orders as it may deem necessary to correct any deficiencies in the
operation of said system. The Board's decisions and findings
shall be final and binding upon all parties, including the company,
except that such a decision or finding may be appealed to the municipal
officers and/or to the Cumberland County Superior Court under said
Rule 80-B.
E.
Regulate rates and charges to subscribers of the cable television
company pursuant to such terms, conditions and criteria as are agreed
upon in the franchise agreement.
F.
Prepare specifications for bids for CATV franchises and invite bids
for said franchises. Upon receipt of bids, it shall study the same
and make recommendations on the awarding of a franchise, said recommendations
being subject to the approval of each town council of each town which
is a signatory to the interlocal agreement mentioned above.
G.
After the awarding of the franchise, negotiate the franchise agreement
between the company and the municipalities which are signatories to
the interlocal agreement as mentioned above, said recommendations
being subject to the final and full approval of each municipality.
