Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted 7-25-2011 by Ord. No. 11-10. Amendments noted where applicable.]
Any application for a new cable television franchise or renewal of a franchise in the Town is to contain the following information:
A. 
The name, addresses, and telephone numbers of the applicant, both regional and national;
B. 
A detailed statement of the corporate or other business entity organization of the applicant, including, but not limited to, the following, and to whatever extent required by the Town:
(1) 
The names, residence and business addresses of all officers and directors;
(2) 
The names, residence and business addresses of all officers, persons and entities having, controlling, or being entitled to have or control 1% or more of the ownership of the applicant;
(3) 
A detailed and complete financial statement of the applicant, and its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder and certifying that the applicant has available sufficient free, net and uncommitted cash resources to operate the proposed cable system in the Town.
C. 
A detailed description of the proposed plan of operation of the applicant that includes, but shall not be limited to, the following:
(1) 
A statement or schedule setting forth all proposed classifications of rates and charges to be made against all subscribers, including but not limited to residential dwellings, commercial establishments, apartments, housing projects (both public and private), hotels, motels, and other establishments; additionally, all rates and charges as to each of said classifications, including installation charges, service charges, deposit agreement (if any) and all other rates and charges to be made.
(2) 
A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant. In no event are said operational and performance standards to be less than those contained in Title 47 CFR Subpart K (Section 76.601 et seq.), of the Rules and Regulations of the FCC, as amended in the future, and in addition comply herein.
D. 
A detailed statement setting forth in its entirety the imposed cable system design. Such statement is to include proposals concerning system architecture, channel capacity, channel uses, access, programming facilities, franchisee studio location, point-to-point service, two-way capability, subscriber privacy, and interconnection.
E. 
Such other information as may be required by the Town for a new or renewal franchise.
A. 
Term. Each franchise must contain the following provisions:
(1) 
Any franchise awarded by the Town under this title is to be for a term of not less than five years nor more than 10 years. The franchisee has no automatic right to renewal of a franchise, but any renewal is in the sole discretion of the Town acting in accordance with any applicable provisions of Maine and federal law;
(2) 
Any renewal of a franchise is to be upon such terms and conditions as herein stated, and provided the franchisee has satisfied the conditions of this title, and provided the franchisee has fulfilled all terms and conditions of any previous contract. Prior to any renewal or extension of the franchise, the franchisee must satisfy the Town Council at a public hearing that it has maintained or will improve the cable system to remain abreast of all the highest standards of broadcast, repair and service restoration, programming, rates, customer service, billing and quality;
(3) 
Notwithstanding any other provision of this title or any franchise agreement, the Town may, from time to time, extend the franchise agreement by resolution for a period not to exceed six months.
B. 
Termination. The Town may revoke or terminate any franchise awarded pursuant to the provisions of this title or may impose reasonable penalties upon 30 days' written notice to the franchisee, and after public hearing, in the event that the franchisee:
(1) 
Violates any material provision of its franchise agreement or any rule, order or determination of the Town made pursuant to the franchise agreement or this title where such violation remains uncured for a period of 30 days following notice to the franchisee by the Town that such violation is deemed to exist;
(2) 
Attempts to evade any material provision of its franchise agreement or practices any fraud or deceit upon the Town or subscribers residing in the Town;
(3) 
Accumulates, within any period of six consecutive months, penalties imposed under this title or a franchise agreement in the aggregate amount of $10,000 for failure to perform any of its other obligations;
(4) 
Has a petition under the Bankruptcy Code filed by or against it, and the franchisee fails to have the petition dismissed within 60 days;
(5) 
Has a receiver, trustee or liquidator appointed for all or part of the franchisee's assets;
(6) 
Becomes financially insolvent or makes an assignment for the benefit of creditors;
(7) 
Continuously or repeatedly violates any provisions of its franchise agreement or any orders or rulings of any regulatory body having jurisdiction over the franchisee; or
(8) 
Fails to perform in accordance with the terms of the franchise agreement.
C. 
Revocation public hearing. Prior to revoking a franchise, the Town must hold a public hearing, on 30 days' written notice, at which time the franchisee and the public are to be given an opportunity to be heard. Following the public hearing, the Town may determine to revoke the franchise based on the information presented at the hearing and other information of record. If the Town determines to revoke a franchise, it must issue a written decision setting forth the reasons for its decision. A copy of such decision must be transmitted to the franchisee. Any appeal or challenge to a revocation or termination of a franchise agreement is to the York County Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.
D. 
New franchise and/or renewal public hearing. Before authorizing the issuance of any new franchise and/or renewal, the Town must review the applicant's character, financial and technical qualifications, the proposed agreement's ability to meet current and future cable-related needs and interests, and the adequacy and feasibility of the applicant's qualifications to operate a cable system within the Town, and the Town Council must conduct a public hearing.