The Town may grant one or more cable television franchises, and each
such franchise shall be awarded in accordance with and subject to the provisions
of this chapter. In no event shall this chapter be considered a contract between
the Town and a grantee.
No person may construct or operate a cable system without a franchise
granted by the Town unless otherwise authorized by law, and no person may
be granted a franchise without having entered into a franchise agreement with
the Town pursuant to this chapter.
A.
Authority granted by franchise. A franchise authorizes
use of public rights-of-way for installing cables, wires, lines, optical fiber,
underground conduit, and other devices necessary and appurtenant to the operation
of a cable system without a franchise area but does not expressly or implicitly
authorize a grantee to provide service to or install a cable system on private
property without owner consent [except for use of compatible easements pursuant
to Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2)] or to use
publicly or privately owned conduits without a separate agreement with the
owners.
B.
Term of franchise. The term of a franchise may not exceed
15 years.
C.
Nonexclusivity. A franchise is nonexclusive and will
not explicitly or implicitly preclude the issuance of other franchises to
operate cable systems within the Town; affect the Town's right to authorize
use of public rights-of-way by other persons to operate cable systems or for
other purposes as it determines appropriate; or affect the Town's right to
itself construct, operate, or maintain a cable system, with or without a franchise.
D.
Franchise agreement constitutes contract. Once a franchise
agreement has been accepted and executed by the Town and a grantee, such franchise
agreement shall constitute a contract between the grantee and the Town, and
the terms, conditions, and provisions of such franchise agreement, subject
to the ordinance in effect as of the effective date of such franchise agreement
and all other duly enacted and applicable laws, shall define the rights and
obligations of the grantee and the Town relating to the franchise. Nothing
in this chapter or a franchise agreement shall be deemed a waiver of or restriction
on the Town's police powers or a waiver of any of the terms of any Town ordinance
regarding the use or management of the public rights-of-way or intended to
protect the public's safety.
E.
Use of public rights-of-way. All privileges prescribed
by a franchise shall be subordinate to any prior lawful occupancy of the public
rights-of-way, and the Town reserves the right to reasonably designate where
a grantee's facilities are to be placed within the public rights-of-way.
F.
Franchise personal to grantee. A franchise shall be a
privilege that is in the public trust and personal to the original grantee.
No transfer of a franchise shall occur without the prior consent of the Town
and unless application is made by the grantee and Town approval obtained,
pursuant to this chapter and the franchise agreement, which approval shall
not be unreasonably withheld; provided, however, that the grantee may make
assignments of collateral to a lender upon reasonable prior notice to the
Town. No such assignment of collateral shall be deemed to permit any person
to avoid any obligations under this chapter or a franchise agreement.
G.
Exclusive contracts unenforceable. A franchise holder
may not enter into or enforce any exclusive contract with a subscriber as
a condition of providing or continuing service.
A.
Compliance with laws. A grantee shall at all times be
subject to and shall comply with applicable federal, state, and local laws.
A grantee shall at all times be subject to all lawful exercise of the police
power of the Town, including all rights the Town may have under 47 U.S.C.
§ 552.
B.
No waiver of Town rights. No course of dealing between
a grantee and the Town, nor any delay on the part of the Town in exercising
any rights hereunder, shall operate as a waiver of any such rights of the
Town or acquiescence in the actions of a grantee in contravention of rights
except to the extent expressly waived by the Town or expressly provided for
in a franchise agreement or other applicable laws, rules or regulations.
C.
Town has maximum regulatory authority. The Town shall
have the maximum plenary authority to regulate cable systems, grantees, and
franchises as may now or hereafter be lawfully permissible; except where rights
are expressly waived by a franchise agreement, they are reserved, whether
expressly enumerated or not.
A.
Provision to Town's benefit controlling. In the event
of a conflict between this chapter as effective on the effective date of a
franchise agreement and that franchise agreement, the terms of this chapter
as effective on the effective date of that franchise agreement shall control,
except as otherwise provided in a franchise agreement.
B.
Liberal construction. To the extent permitted by law,
the provisions of this chapter and a franchise agreement will be liberally
construed in favor of the Town in order to effectuate their purposes and objectives
and to promote the public interest, except as otherwise provided in a franchise
agreement.
C.
Governing law. Except as to matters that are governed
solely by federal law or regulation, a franchise agreement will be governed
by and construed in accordance with the laws of the State of Maine.
Any person who occupies public rights-of-way for the purpose of operating
or constructing a cable system and who does not hold a valid franchise from
the Town shall be subject to all provisions of this chapter, including but
not limited to its provisions regarding construction and technical standards
and franchise fees. In its discretion, the Town at any time may require such
person to enter into a franchise agreement within 30 days of receipt of a
written notice by the Town that a franchise agreement is required; require
such person to remove its property and restore the area to a condition satisfactory
to the Town within such time period; remove the property itself and restore
the area to a satisfactory condition and charge the person the costs therefor;
and/or take any other action it is entitled to take under applicable law,
including filing for and seeking damages under trespass. In no event shall
a franchise be created unless it is issued by action of the Town and subject
to a franchise agreement.
Nothing in this chapter or any franchise agreement shall limit any right
the Town may have to acquire by eminent domain or otherwise any property of
the grantee.
Any act that a grantee is or may be required to perform under this chapter,
a franchise agreement, or applicable law shall be performed at the grantee's
expense, unless expressly provided to the contrary in this chapter, the franchise
agreement, or applicable law.
