In addition to satisfying such requirements as may be established through
the application process, every cable system shall be subject to the following
conditions, except as prohibited by federal law.
Each franchise agreement shall contain a line extension policy that
shall govern a grantee's obligation to extend service. Unless otherwise specified
in a franchise agreement, after cable service has been established by activating
trunk distribution cable for an area specified in a franchise agreement, a
grantee shall provide cable service to any household requesting cable service
within that area, including each multiple-dwelling unit in that area, except
for multiple-dwelling units to which it cannot legally obtain access. In providing
services to multiple-dwelling units, a grantee shall comply with all applicable
provisions of 14 M.R.S.A. § 6041.
A franchise agreement may require a grantee to install, at no charge,
at least one service outlet at all municipal buildings and public schools
within the franchise area that can be reached by a standard drop and may provide
that the grantee shall charge only its time and material costs for any additional
service outlets to such facilities. A franchise agreement may also require
a grantee to provide basic cable service and the lowest tier of cable programming
services to such buildings free of charge. Finally, a franchise agreement
may provide that such service outlets shall be capable of providing the full
range of non-cable electronic data and telecommunication services provided
by a grantee and may require other facilities and equipment and channel capacity
in accordance with the Cable Act, at rates and terms set out in the franchise
agreement.
A.
FCC standards. Any cable system within the Town shall
meet or exceed the technical standards set forth in 47 CFR 76.601 and any
other applicable technical standards, including any such standards as hereafter
may be amended or adopted by the Town in a manner consistent with federal
law.
B.
Facilities shall not interfere with others' signals or
facilities. A grantee shall not design, install, or operate its facilities
in a manner that will interfere with the signals of any broadcast station,
the facilities of any public utility, the cable system of another grantee,
or individual or master antennas used for receiving television or other broadcast
signals.
At the times specified in a franchise agreement or as required by FCC
rules, a grantee shall perform proof of performance tests, and such other
tests as may be specified in a franchise agreement, designed to demonstrate
compliance with this article, the franchise agreement, and FCC requirements.
The grantee shall provide the results of proof of performance tests promptly
to the Town, upon the Town's written request. The Town shall have the right
to inspect the cable system during and after its construction to ensure compliance
with this article, the applicable franchise agreement, and applicable provisions
of local, state and federal law and may require the grantee to perform additional
tests based on the Town's investigation of cable system performance or on
subscriber complaints.
