The franchise holder shall be subject to all ordinances in force
or that may be hereafter enacted.
[Amended 6-2-1997 by Ord. No. 5-3-97]
The franchise holder shall pay to the Town of Indian Head a
franchise fee in the amount of 5% of gross revenue from all CATV service
and connection charges paid by subscribers served from the Town system,
starting with the date that the first subscribers are connected. Payment
of said fee, together with an accounting of the subscribers and services
rendered each subscriber, shall be provided for in the franchise agreement.
The franchise holder shall not engage, within the area served
by the CATV system to be constructed under the franchise, in the retail
sale, service, rental, leasing or repair of home television receivers
and in the sale of parts for such receivers.
The franchise rights and privileges herein described shall not
be assignable, except as herein provided, without the consent of the
Town.
The head end, earth station or other signal-reception equipment
for the interception of television and radio signals for the Town
of Indian Head shall be located within the corporate limits of the
Town of Indian Head, unless the franchise holder shall request and
receive approval of the Town to locate the head end elsewhere.
If the franchise holder shall fail to perform any provision
of this article or the franchise agreement or to make any payments
as provided in this article within 90 days of having been given written
notice by the Town to so perform or to make such payments, the Town
may give the franchise holder written notice cancelling and terminating
the franchise and contract.
The franchise, when approved by the Town Council and made effective
in the manner prescribed by law, if accepted by the apparent successful
franchise awardee by signed acceptance within 30 days of the date
upon which the same may become effective as prescribed by law, shall
have the force and effect of a contract binding upon the franchise
holder and the Town.
[Added 3-3-2008 by Ord. No. 2-2-08]
A. To be acceptable for filing, each application of a type listed in Subsection
B of this section shall be accompanied by a nonrefundable filing fee of $5,000, payable to the Town, to cover costs incidental to the awarding or enforcement of the franchise, as appropriate.
B. The fee specified in Subsection
A of this section applies to the following applications:
(1) Application for an initial franchise or for issuance of an RFP.
(2) Application for renewal of a franchise.
(3) Application for modification of a franchise agreement.
(4) Application for approval of a transfer.
C. To the extent consistent with applicable law:
(1) The Town may require, in addition to the application fee provided for in Subsections
A and
B of this section, the franchisee or, where applicable, a transferor or transferee, to reimburse the Town for its reasonable out-of-pocket expenses in considering the application, including consultants' fees.
(2) Payments made under this section shall not be considered a franchise
fee but shall be deemed to fall within one or more of the exceptions
in 47 U.S.C. § 542(g)(2).