[HISTORY: Adopted by the Town Council of the Town of South Berwick 9-10-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 65, Cable
Television, adopted 11-8-1993.
This chapter shall be known and may be cited as the "Town of South Berwick
Cable TV Franchising Ordinance."
A.
Franchise required. No person, firm, company, corporation
or association shall construct, install, maintain or operate within any public
street in the Town, or within any other public property of the Town, or within
any privately owned area within the corporate limits of the Town, any equipment
of facilities for the distribution of television signals, or radio signals
or other intelligences either analog or digital over a broadband telecommunications
network to any subscriber unless a franchise authorizing the use of the streets
or properties or areas has first been obtained pursuant to the provisions
of this chapter, and unless such franchise agreement is in full force and
effect.
B.
Review of qualifications. Specific permission to operate
a cable television system under the provisions of this chapter may be granted
by the Town Council to any applicant (the "grantee") after satisfactory review
of its legal, character, financial and technical qualifications and the adequacy
and feasibility of the grantee's construction arrangements, all demonstrated
by the grantee to be adequate to protect the general public health, safety
and welfare, and has approved the grantee's qualifications as a part
of a public proceeding affording due process.
C.
Duration of franchise. Upon filing by the grantee of
a proper acceptance, and such other bond and insurance as the Town Council
may reasonably require, the franchise shall take effect as provided herein
and shall continue in full force and effect for a maximum term of 10 years.
Applications for a franchise or renewal shall be filed with the Town
Clerk for referral to the Town Council for action. Any such application for
a franchise or a franchise renewal shall contain the following information:
A.
Filing fee of $100.
B.
Name and address of the applicant.
C.
Description of proposed operation including, but not
limited to, hours of operations, operating staff, maintenance procedures,
and its proposed rules of operation for public access.
D.
Subject to any applicable federal law, a statement of
all television and radio services to be provided.
E.
A statement setting forth a description of any special
services to be made available to the public, including municipal and education
channels.
F.
A statement detailing the corporation organization of
the applicant, identifying the number of stockholders of the company, any
intracompany relationships with parent or subsidiary companies and a statement
setting forth in writing any and all understandings between the applicant
and any other person, firm or organization.
G.
A statement detailing the applicant's financial
statement for the two previous fiscal years.
H.
A written statement detailing the type of network proposed
by the applicant including, but not limited to, network configuration, network
capacity, two-way capability and proposed dates of commencement of construction
and operation of said network.
I.
A written statement as to whether the applicant or any
of its officers, directors or holders of 10% or more of its voting stock have
in the past 10 years been convicted of any crime other than a routine traffic
offense and the disposition of each such case.
Before the Town solicits cable television franchise proposals or entertains
applications for renewals, the following procedures shall be required:
A.
The Town Council shall provide public notice and hold
a public hearing to determine special local needs or interests in cable television
programming and services and shall provide for a period of public comment
on the same;
B.
Any and all franchise applications and renewal applications,
and related documents, shall be public records and the Town Council shall
provide reasonable notice to the public that such records are available and
open to inspection at the Town offices during normal business hours;
C.
Prior to granting any franchise or franchise renewal,
the Town Council shall provide for a public hearing on the same; and
D.
The Town Council shall assess such fees as are reasonably
necessary to defray the costs of public notice, advertising and other expenses
incurred by the Town in acting upon franchise applications.
The holder of any cable television franchise shall file annually with
the Town not later than three months after the end of its fiscal year two
copies of its report to stockholders and an income statement identifying expenses
and income applicable to its operations and the franchise fee required by
its franchise agreement.
The cable operator shall maintain during the term of the franchise agreement
a faithful performance bond running in favor of the Town with a corporate
surety licensed to do business in the State of Maine conditioned upon the
faithful performance of the cable company and providing for recovery jointly
and severally from the principal and surety of the bond any damages suffered
by the Town as a result of any cost incurred by the Town for the removal or
abandonment of any property of the cable television company plus a reasonable
allowance for attorney's fees and costs in prosecuting the same. The
amount of the bond shall not be less than $25,000, and written evidence of
the same shall be filed with the Town.
The cable operator shall at all times comply with all applicable federal,
state and local laws, ordinances and regulations.
If any section, clause or phrase of this chapter is for any reason held
invalid by any court of competent jurisdiction or by any federal or state
regulatory agency, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions of this chapter.
