[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996 as Ch. 7, § 3e of the 1996 Code. Amendments noted where applicable.]
License, registration and permit procedure — See Ch. 284.
Every person, pursuant to § 66.0419, Wis. Stats., and this chapter, in the Town of Fulton who constructs, operates or maintains a cable television system in the Town of Fulton shall seek and obtain a cable television permit from the Town of Fulton. The permit fee shall be established by the Town Board of the Town of Fulton. The permit shall be issued by the Town Clerk/Treasurer of the Town of Fulton prior to any person constructing, operating or maintaining a cable television system in the Town of Fulton.
The permit fee shall be as set by the Town Board or, in the alternative, shall be a flat percentage of gross receipts of the cable television system from Town of Fulton customers.
The application and permit shall designate the premises for the permitted use. The permit may be amended with approval of the Town Board of the Town of Fulton. This permit is not transferable from one person to another. The application shall include:
The name of the applicant.
The address of the applicant.
The residential and business telephone number of the applicant, if any.
The age of the applicant.
The application date.
The area of the Town of Fulton requested as the service area.
Previous experience of the applicant, in detail, related to cable television operations.
A detailed financial statement of the applicant from the previous fiscal year.
An application fee as set by the Town Board (in addition to the permit fee) to pay investigative costs, research costs, administrative costs and processing costs for the application with the amount not to exceed actual Town of Fulton costs in these four areas.
A detailed operational status report noting the number, location, type and size of cable television systems constructed, operated or maintained by the applicant.
A detailed plan of operation for the proposed cable television system, namely:
Dates of construction.
Dates of operation.
Maps of the proposed operational areas in the Town of Fulton.
Rate schedule to be proposed.
Service charges, installation charges and other special charges to be included in the possible costs to subscribers.
Type, amount and costs of equipment necessary to construct, operate and maintain a cable television system.
Model cable contract with subscribers.
Copies of any adopted franchise or permit agreements of the applicant with other municipalities in the State of Wisconsin.
A proposed permit agreement between the Town of Fulton and the applicant.
The person subject to this chapter shall comply with federal and state laws and regulations related to cable television and this chapter.
The Town Clerk/Treasurer of the Town of Fulton shall provide copies of this chapter at no cost to any applicant requesting copies under this chapter.
The applicant and any other person subject to this chapter shall comply as follows. No person shall be issued or reissued a cable television permit in the Town of Fulton:
Until the appropriate fee has been paid to the Town Clerk/Treasurer of the Town of Fulton.
Who has failed to properly and fully complete and submit to the Town Clerk/Treasurer of the Town of Fulton the application form as developed and provided by the Town of Fulton.
If the applicant or permittee fails to:
Correct malfunctions in the total cable television system in a timely manner.
Operate and maintain a complaint system to receive subscribers' oral and written complaints regarding cable television services, charges and rates and the interruption of programs.
Maintain written records of complaints, concerns, questions and other oral and written comments from subscribers in the Town of Fulton.
Operate and maintain a business office in the Town of Fulton or within 15 miles of the outer parameter of the Town of Fulton and a local business service telephone to receive complaints, concerns, questions and other oral communications from subscribers in the Town of Fulton.
Provide reasonable inspection access by the designated officials of the Town of Fulton at reasonable times to all cable television property of the applicant or permittee in the Town of Fulton, including subscribers' records and cable system maps.
Reasonably provide to the Town of Fulton any financial records of the applicant or permittee related to the cable television system in the Town of Fulton.
Respond and investigate complaints from subscribers as to the quality of service, quality of signal, charges for service and loss of signal. The permittee shall credit on monthly charges any subscriber for any loss of service after two hours of loss of service in any one week (week commencing on Sunday at 12:00 midnight and ends Saturday at 11:59 p.m.) or one hour in one day.
Unless the following conditions are to be included in any permit issued or reissued and these conditions are met by the applicant or permittee:
A requirement of the applicant and permittee to furnish franchise payment established in amount and in time to the Town of Fulton for use of the right-of-way, roadway and other public areas in the Town of Fulton.
A requirement of the applicant and permittee to furnish a corporate or personal surety adequate in amount to insure financial compliance with the conditions of the permit and this chapter, to indemnify the Town of Fulton for damages or costs incurred by the Town of Fulton or its subscribers associated with the cable television system and to insure payment for attorney fees and costs in attempt to enforce compliance with the permit and this chapter.
A requirement of the applicant and permittee to furnish proof of insurance coverage from the applicant and permittee in an amount established by the Town Board of the Town of Fulton not to exceed $1,000,000 with coverage to include primary coverage for the Town of Fulton, its officers, its employees and its agents against any liability for loss, damage or expenses and interest incurred for personal injury and property damage related to the cable television system operations and activities.
A requirement for the applicant and permittee to furnish to the Town of Fulton, its officers, its employees and its agents a comprehensive hold harmless agreement related to the cable television system operations and activities.
A requirement that the applicant and permittee commit to a date certain for construction and operation commencement and commit to penalties for failing to meet the established time schedule.
The Town Board of the Town of Fulton shall not issue or reissue any cable television permit in the Town of Fulton that shall be considered an exclusive franchise privilege or agreement.
The Town Board of the Town of Fulton shall establish a procedure for approval of the initial cable television system permit. This process shall include, but is not limited to, the following:
The Town Board of the Town of Fulton shall consider the following factors in approving or rejecting any application for a cable television permit:
The initial service area to be offered.
The technical quality of service to be provided.
The rates to be offered the subscribers for basic service.
The rates to be offered the subscribers for expanded optional services.
The quantity of basic service channels to be offered subscribers.
The quantity of expanded optional channels to be offered subscribers.
Expenses of the applicant in cable television system operations.
Character and financial responsibility of the applicant, its management and major stockholders, if any.
The willingness and ability of the applicant to meet the conditions of any cable television permit to be issued.
The number of years for the issuance or reissuance of the cable television permit requested by the applicant.
The type and amount of public service to be provided by the cable television system.