A grantee shall comply with all applicable federal, state, and local
laws and regulations as they become effective, unless otherwise stated.
A grantee shall not be deemed in default with provisions of its franchise
where performance was rendered impossible by war or riots, civil disturbances,
floods, or other natural catastrophes beyond the grantee's control, and a
franchise shall not be revoked or a grantee penalized for such noncompliance,
provided that the grantee takes immediate and diligent steps to bring itself
back into compliance and to comply as soon as possible under the circumstance
with its franchise without unduly endangering the health, safety, and integrity
of the grantee's employees or property or the health, safety, and integrity
of the public, public rights-of-way, public property, or private property.
A.
Subscriber right to attach devices. Subscribers shall
have the right to attach devices to a grantee's system to allow them to transmit
signals or services for which they have paid to VCR receivers and other terminals
provided that such terminals are located within the subscriber's premises
and provided that such transmissions do not result in interference with the
operations of grantee's system or violations of signal leakage compliance
standards. Subscribers also have the right to use their own legally acquired
remote control devices and tuners and other similar equipment, and a grantee
shall provide information to consumers which will allow them to adjust such
devices so that they may be used with the grantee's system.
B.
Requiring disconnection of antennas prohibited. A grantee
shall not, as a condition of providing service, require a subscriber or potential
subscriber to remove any existing antenna, or disconnect an antenna except
at the express direction of the subscriber or potential subscriber, or prohibit
or discourage a subscriber from installing an antenna switch, provided that
such equipment and installations are consistent with applicable codes.
Unless otherwise indicated, when the performance or doing of any act,
duty, matter, or payment is required hereunder and a period of time or duration
for the fulfillment or doing thereof is prescribed and is fixed herein, the
time shall be computed so as to exclude the first and include the last day
of the prescribed or fixed period of duration time.
If any term, condition, or provision of this chapter shall, to any extent,
be held to be invalid or unenforceable, the remainder hereof shall be valid
in all other respects and continue to be effective. In the event of a subsequent
change in applicable law so that the provision which had been held invalid
is no longer invalid, said provision shall thereupon return to full force
and effect without further action by the Town and shall thereafter be binding
on the grantee and the Town.
The captions and headings of this chapter are for convenience and reference
purposes only and shall not affect in any way the meaning and interpretation
of any provisions of this chapter.
The Town of Bar Harbor Cable Television Ordinance, Section 07.05 of
the Bar Harbor Code, is hereby repealed and replaced in its entirety with
the foregoing, except that the repeal thereof shall not affect the validity
of any franchise agreements issued pursuant thereto and except that said ordinance
shall remain in full force and effect for the trial and punishment of all
past violations thereof and for recovery of penalties already incurred.
