[HISTORY: Adopted by the Town Board of the Town of Monroe 12-7-1961 by resolution. Amendments noted where applicable.]
There is hereby granted to Better TV of Orange County, Inc., its successors and assigns, a nonexclusive franchise, permission and consent to install and maintain cable lines within the limits of the Town of Monroe on existing poles owned by the Highland Telephone Company and/or Orange and Rockland Utilities, Inc., or on poles to be erected by said Better TV of Orange County, Inc., for the purpose of receiving, amplifying and distributing television and radio signals to those residents of the Town of Monroe who desire such service, subject to the terms and conditions appearing hereinafter.
Editor's Note: The rights of the franchise have since been acquired by U.S. Cablevision Corp.
The said Better TV of Orange County, Inc., shall procure the necessary permission, consents, licenses or rights-of-way from the Highland Telephone Company and/or Orange and Rockland Utilities, Inc., for the use of their poles, towers and other apparatus.
All town highways, roads, streets and sidewalks disturbed or damaged in the construction or maintenance of said cable lines and/or other apparatus shall be promptly repaired by Better TV of Orange County, Inc., at its own expense and to the satisfaction of the Superintendent of Highways of the Town of Monroe.
This franchise shall be subject to the Zoning Ordinance of the Town of Monroe, Subdivision Regulations of the Town of Monroe and all other ordinances now in force or that may hereafter be enacted relating to the use of the highways, streets and roads of the Town of Monroe.
Said franchise shall be for a period of 25 years unless sooner terminated.
All poles to be erected by or for Better TV of Orange County, Inc., on the streets, highways and public places of the town shall be so constructed as not to impede or obstruct traffic, and their construction, installation and location shall be approved by the Superintendent of Highways of the Town of Monroe.
Better TV of Orange County, Inc., shall at all times save and keep harmless and fully indemnify the Town of Monroe and any successor municipality from any and all losses, liability or damage in any manner arising hereunder or from any negligence, fault or misconduct on the part of the said Better TV of Orange County, Inc., its officers or agents, servants and/or employees, or from any failure on its or their part to comply with the conditions of this franchise.
Better TV of Orange County, Inc., shall at all times after the effective date of this franchise keep in effect the following type of insurance coverage, for which certificates evidencing the same shall be promptly delivered to the Town Clerk.
Workmen's compensation upon its employees engaged in any manner on the construction or servicing of its cables, equipment or other apparatus in the Town of Monroe.
Public liability in the total amount of not less than $300,000/$500,000, insuring Better TV of Orange County, Inc., and the Town of Monroe and its successor municipalities against liability for personal injury or death or property damage within the Town of Monroe.
This franchise, permission and consent shall be effective 30 days after its publication, at the expense of Better TV of Orange County, Inc., in the official newspaper of the Town of Monroe, with notice hereof in form satisfactory to the attorney for the Town of Monroe.
In the event that Better TV of Orange County, Inc., shall not receive, amplify or distribute television and/or radio signals within the Town of Monroe by the seventh day of December 1966, this franchise, permission and consent may be revoked.
The Town of Monroe specifically reserves the right:
The rates to be charged for cable television service in the town shall not exceed those set forth on Schedule A annexed hereto.
Editor's Note: Schedule A is on file in the office of the Town Clerk.
Any company who is operating under the terms of the franchise shall, upon resolution of the Town Board, extend its service to any area of the town contiguous to an energized cable operated by said company, provided that:
Not less than 60 dwelling units may be passed by each mile of aerial cable required to provide the service, including that cable needed to connect to a suitable feed point at the energized cable, or
There are 30 bona fide subscribers for each mile of aerial cable needed to provide the requested service, including the cable needed to connect to a suitable feed point at the energized cable. A bona fide subscriber shall be any person living within the proposed service area who places with the company a deposit equal to the single set installation fee set forth herein. Such deposits shall be held in trust by the company and shall be returned to the subscriber if the area is not served because of lack of subscribers or otherwise within one year of making the deposit. In the event that service to the area is effected within one year, then the deposit shall be credited to the customer's account. If the area shall be served within the aforesaid one year's time and the subscriber fails to agree to connect to the cable within 90 days of being notified of the availability of service, that subscriber's deposit will be forfeited to the company.
Editor's Note: The fee referred to is set forth in Schedule A, which is on file in the office of the Town Clerk.
In areas where underground installation is required by law, the same criteria as set forth in Subsections A and B shall be applied, except that the difference between the estimated cost of the underground installation and the estimated current cost of the equivalent amount of aerial cable shall be borne by the developer or by those subscribers directly benefiting from the service, and an added deposit shall be required which shall be that difference proportioned among those desiring and those benefiting from the service.
The town shall have the option of ordering extension of service into any area not meeting the foregoing criteria; provided, however, that any such extension of service shall be on a basis which is fairly and reasonably compensatory to the company. Such extension shall be predicated upon a rate increase not to exceed an amount necessary to sustain the cost of construction or upon such other basis, such as individual installation charges or contributions in aid of construction, as shall be agreed upon by the town and the company.
In the event that the New York State Commission on Cable Television promulgates rules and regulations concerning line extensions, then those rules shall apply if they allow the town to order line extensions on a less limited basis.
Any company who is operating under the terms of the franchise shall pay to the town annually a sum equal to 3% of gross subscriber revenues, as described by the Federal Communications Commission, received by the company for regular cable television service provided to subscribers within the Town of Monroe exclusive of the lands within the Village of Monroe and the Village of Harriman. Should a fee payment be required by any state agency now or subsequently charged with the regulation of cable television, the fee provided for herein and the fee payable to said state agency, when added together, shall not exceed the maximum amount permitted by applicable federal law, rules or regulations. Said fee shall be paid on or before the 15th of each January succeeding the year of such operation.