[HISTORY: Adopted by the Mayor and Council of the Town of Leonardtown
2-10-1997 by Ord. No. 81. Amendments noted where applicable.]
It is the intent of the town to promote the public health, safety, and
general welfare by providing for the grant of one or more franchises for the
construction and operation of a cable system; to provide for the regulation
of each cable system by the town; to provide for the payment of fees and other
valuable consideration by a franchisee to the town for the privilege of using
the public rights-of-way for constructing and operating a cable system; to
promote widespread availability of cable service to Town residents wherever
economically feasible, including to those who reside in multifamily buildings;
to encourage the development of cable as a means of communication between
and among the members of the public and public institutions; and to encourage
the provision of diverse information to the community over cable.
For purposes of this ordinance the following words and their derivations
have the meanings defined below. Words not defined below are given their meaning
in Section 602 of the Cable Act, 47 U.S.C. § 522, and, if none,
their common and ordinary meaning. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include the
plural number. The word "shall" is mandatory and the word "may" is permissive.
Any channel set aside for public use, educational use, or governmental
use without a charge by the franchisee for such channel usage.
A proposal to construct and operate a cable system within the town,
transfer a franchise, renew a franchise or modify a franchise. An application
includes the initial proposal plus all subsequent amendments or supplements
to the proposal and relevant correspondence.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq.
The Town Council of Leonardtown.
The one-way transmission of any video or other programming service
to subscribers together with any subscriber interaction provided in connection
with such service.
A facility, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment that is designed
to provide cable service which includes video programming and which is provided
to multiple subscribers within the town. Such term does not include:
A facility that serves only to retransmit the television signals of
one or more local (i.e., Baltimore/Washington Area) television broadcast stations;
A facility that serves only subscribers in one or more multiple unit
dwellings under common ownership, control, or management, unless such facility
uses or crosses (whether above, on or below ground) any public street, road,
way, easement or right-of-way.
A facility of a common carrier that is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, 47 U.S.C.
§ 201 et seq., except that such facility will be considered a cable
system to the extent it is used in the transmission of video programming directly
to subscribers; or
Any facilities of any electric utility used solely for operating its
electric utility systems.
The Leonardtown Commissioners.
[1]The legal or practical ability to direct the affairs of the franchisee
or applicant either directly or indirectly, whether by contractual agreement
or majority ownership of an economic interest.
The Public Works personnel of Leonardtown, Maryland.
The geographic area within the town designated by the franchise agreement
in which the franchisee is authorized to construct and operate a cable system.
The Federal Communications Commission.
The right granted by the town to a franchisee to construct, maintain
and operate a cable system over or under all streets, roads and other public
ways, easements and rights-of-ways within all or specified areas of the town.
The term does not include any license or permit that may be required by this
subtitle or other laws, ordinances, or regulations of the town for the privilege
of transacting and carrying on a business within the town or for disturbing
the surface of any street or public thoroughfare.
A contract entered into in accordance with the provisions of this
ordinance between the town and a franchisee that sets forth the terms and
conditions under which the franchise will be exercised.
Any person granted a franchise pursuant to this ordinance.
All revenues derived by a franchisee from the operation of its cable
system within those areas of the town governed by this ordinance, including,
but not limited to, revenues therein derived from cable service, home shopping
channels, institutional services, rental or lease of equipment, installation
fees or ancillary services. Gross revenues shall not include bad debt (i.e.,
revenues not received by a franchisee), or taxes or other assessments collected
by a franchisee for or on behalf of any governmental entity.
A channel designated in accordance with Section 612 of the Cable
Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated
with the franchisee.
A cable system constructed to serve subscribers in a district or
part of a district served by an existing cable system, including those parts
of an existing system that will be constructed within six months pursuant
to plans filed with the town.
Any individual, corporation, partnership, association, joint venture
or organization of any kind and the lawful trustee, successor, assignee, transferee
or personal representative thereof.
Any person who legally receives any one of the services provided
by the cable system.
An equipment or facility failure that results in the loss of satisfactory
service on one or more channels. A malfunction is major if it affects 100
or more subscribers.
Leonardtown, Maryland.
Any transaction in which:
An ownership or other interest in a franchises is transferred from one
person or group of persons to another person or group of persons so that control
of the franchisee is transferred or
The rights held by the franchisee under a franchise agreement are transferred
or assigned to another person or group of persons.
[1]
Editor's Note: Pursuant to the 1989 Charter, the Commissioners of
Leonardtown are now the Mayor and Council of the Town of Leonardtown.
The town may grant one or more franchises in accordance with this subtitle.
No person may construct or operate a cable system in the town without a franchise
granted by the town.
A.
A franchise authorizes use of the public rights-of-way
for installing cables, wires, lines and other facilities to operate a cable
system within a specified district, but does not expressly or implicitly authorize
the franchises to provide service to, or install cables, wires, lines or any
other equipment or facilities upon private property without owner consent
[except for use of compatible easements pursuant to 47 U.S.C. § 541(A)(2)],
or to use publicly or privately owned utility poles or conduits without a
separate agreement with the owners.
B.
A franchise is nonexclusive, and will not expressly or
implicitly preclude the issuance of other franchises to operate cable systems
within the town or affect the town's right to authorize use of public rights-of-way
to other persons as it deems appropriate.
C.
A franchise convoys no automatic right of renewal thereof
but shall be subject to the renewal terms of this ordinance and the Cable
Act.
D.
A franchise agreement constitutes a contract between
the franchisee and the town once it is accepted by the franchisee and the
town. A franchisee contractually commits itself to comply with the terms,
conditions and provisions of the franchise agreement and with all applicable
laws.
A.
A franchisee is subject to and shall comply with all
applicable local, county, state and federal laws, ordinances, codes, rules,
regulations and orders.
B.
Any other provision in the Leonardtown Code concerning
the grant of franchises which is inconsistent with the provisions or intent
of this ordinance shall not apply to the grant of franchises for the construction
and operation of cable systems.
C.
A franchisee or other person may not be excused from
complying with any of the terms and conditions of this ordinance or a franchise
agreement by any failure of the town upon one or more occasions, to require
compliance or performance.
A.
The provisions of this ordinance will apply to a franchise
agreement as if fully set forth in the franchise agreement. The express terms
of this ordinance will prevail over conflicting or inconsistent provisions
in a franchise agreement.
B.
The provisions of a franchise agreement will be liberally
construed in order to effectuate its purposes and objectives consistent with
this ordinance and the public interest.
C.
A franchise agreement will be governed by and construed
in accordance with the laws of the State of Maryland.
A.
An application shall be filed with the Commissioners
for the grant of new franchise or the renewal of a franchise, under either
the formal or informal procedures in accordance with Section 626 of the Cable
Act, 47 U.S.C. § 546, Modification of a Franchise Agreement or a
Transfer of a Franchise. An applicant has the burden to demonstrate substantial
compliance with all material requirements of this ordinance and of federal
law.
B.
To be acceptable for filing, an application shall be
submitted in the number of copies required by the Commissioners; be accompanied
by the application filing fee where required; conform to any applicable request
for proposals; and contain all required information. All applications shall
include the names and addresses of persons authorized to act on behalf of
the applicant with respect to the application.
C.
All applications accepted for filing shall be made available
by the Commissioners for public inspection. The Commissioners shall advertise
the receipt of all accepted applications for two successive weeks in a newspaper
of general circulation in the county, which advertisement shall identify the
location at which such applications may be inspected and copied.
D.
An application for the grant of a new franchise may be
filed pursuant to a request for proposals issued by the town or on an unsolicited
basis. The town, upon receipt of an unsolicited application, may issue a request
for proposals. If the town elects to issue a request for proposals upon receipt
of an unsolicited application, the applicant may submit an amended application
in response to the request for proposals, may inform the Commissioners that
its unsolicited application should be considered in response to the request
for proposals, or may withdraw its unsolicited application. An application
which does not conform to the requirements of a request for proposals may
be considered nonresponsive.
E.
An application for the grant of a new franchise shall
contain, at minimum, the following information:
(1)
Name and address of the applicant and identification
of the ownership and control of the applicant, including the names and addresses
of the 10 largest holders of an ownership interest in the applicant and all
persons with 5% or more ownership interest; the persons who control the applicant;
all officers and directors of the applicant; and any other cable system ownership
interest of each named person;
(2)
An indication of whether the applicant, any person controlling
the applicant, or any officer, director or holders of more than 5% ownership
interest of the applicant has been adjudged bankrupt, had a cable franchise
revoked, or been found guilty by any court or administrative agency of a violation
of a security or antitrust law, a felony, or any crime involving moral turpitude;
and if so, identification of any such persons and a full explanation of the
circumstances;
(3)
A demonstration of the applicant's technical, legal and
financial ability to operate the proposed cable facility, including identification
of key personnel;
(4)
A complete description of applicant's prior experience
in cable operations and identification of communities in which applicant or
its principals have, or had, a cable franchise or an interest therein, including
the identification of any past or pending disciplinary actions or litigation
involving any such franchisees and their franchising authorities;
(5)
Identification of the district to be served by the cable
system, including a description of the districts boundaries;
(6)
A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities to be provided to satisfy the requirements of § A165-27 hereof.
(7)
A description of the construction of the proposed system,
including an estimate of aerial and underground mileage and its location,
the proposed construction schedule, a description, where appropriate, of how
services will be converted from existing facilities to new facilities, and
information on the availability of space on poles and conduits including,
where appropriate, an estimate of the cost of rearrangement facilities to
accommodate such use;
(8)
A description of the services to be provided initially,
including all broadcast and nonbroadcast signals to be carried and all, nontelevision
services; and, if services will be offered by tiers, identification of the
signals and/or services to be included on each tier;
(9)
The proposed rate structure for the first five years
of operation, including proposed charges for each service tier, installation,
converters and other equipment or services;
(10)
A demonstration of how the proposal will reasonably meet
the future cable-related needs and interests of the community, for at least
a five-year period, including a description of how the proposal will meet
the needs described in any recent community needs assessment conducted for
the town;
(11)
Pro forma financial projections for the first five years
of the franchise term, including statement of income, balance sheet, sources
and uses of funds, and schedule of capital additions, with all significant
assumptions explained in notes or supporting schedules;
(12)
An affidavit of the applicant or authorized officer certifying
the truth and accuracy of the information in the application, acknowledging
the enforceability of application commitments, and certifying that the proposal
meets all federal, state and county requirements;
(13)
If an applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber information an necessary for the town to make its determination pursuant to § A165-8C; and
(14)
Any other information necessary to demonstrate compliance
with the requirements of this ordinance and information that the town may
reasonably request of the applicant.
F.
An application for modification of a franchise shall
include, a minimum, the following information:
(1)
The specific modification requested;
(2)
The justification for the requested modification, including
the impact of the requested modification on subscribers (and others) and the
applicant, and the impact on the applicant if the modification is not approved;
(3)
A statement whether the modifications sought pursuant
to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a
demonstration that the requested modification meets the legal standards of
47 U.S.C. § 545; and
(4)
Any other information reasonably necessary for the town
to make a determination.
G.
An application for renewal of a franchise shall comply with the requirements of § A165-20, hereof.
H.
An application for approval of a transfer of a franchise shall comply with the requirements of § A165-21.
I.
To be acceptable for filing, an application shall be
accompanied by a filing fee in the following amount, as appropriate:
J.
Where a cable system operator who has provided service
in the town for at least six months prior to the adoption of this ordinance
enters into a franchise agreement subject to the terms hereof, no initial
franchise application fee shall be charged.
A.
A franchise may be granted for a period not to exceed
20 years to serve the town.
B.
The grant of a franchise may be conditioned upon the completion of construction within prescribed time or upon the performance of other specific obligations, specifying that, except for causes beyond the control of franchises, failure to timely comply with the condition will cause the franchise to become null and void without further action by the town unless town, at its discretion and for good cause shown, grants an extension of time. In such an event the revocation procedures specified in § A165-22 hereof shall not be applicable.
C.
In evaluating an application for a new franchise, the
town shall consider the applicants character; the applicant's technical, financial
and legal qualifications to construct and operate the proposed system; the
nature of the proposed facilities, equipment and service of the applicants
record in other communities, if any; and whether the proposal will meet anticipated
community needs and serve the public interest. Where an applicant proposes
an overbuild of an existing cable system, the town may also consider the economic
feasibility of multiple cable operators, and whether any adverse consequences
to the public interest will result if the application is granted.
D.
Based upon the application, the written and oral testimony
and other material presented at a public hearing before the Commissioners
and any other information relevant to the application, the Commissioners shall
decide whether to grant or deny a franchise application.
E.
If the Commissioners grant a franchise application, the
Commissioners and the applicant shall agree on the terms of a franchise agreement
within 90 calendar days from the date of the resolution making the grant.
This period may be extended for good cause by the Commissioners. If agreement
is not reached with the Commissioners within 90 calendar days or within any
extension period granted by the Commissioners, because of some act or inaction
on the part of the franchisee, the Commissioners shall have the right to declare
the franchise application to be null and void.
F.
The Commissioners shall make the text of a proposed franchise
agreement available to the public and shall advertise it once in a newspaper
of general circulation in the county. Such advertisement shall state the general
terms of the agreement, giving the date and time of a public hearing or other
opportunity for comments and objections to the proposed agreement.
H.
The grant of an initial franchise or a renewed franchise
may be subject to a franchise acceptance fee in an amount not to exceed the
out-of-pocket costs in considering the application, less the amount of the
filing fee. Within 30 calendar days of the date of the Town Commissioners'
resolution approving the franchise agreement, they shall notify the approved
applicant of the amount of any franchise acceptance fee and its method of
calculation. If the franchise acceptance fee is not paid within 60 calendar
days of the date of the Commissioners' resolution approving the franchise
agreement, the franchise shall be null and void. Prior to the franchise becoming
effective, the approved applicant shall demonstrate compliance with the surety,
insurance and similar provisions of the franchise agreement.
A.
A franchise agreement shall require the following insurance
coverage to be in force at all times during the franchise period:
(1)
Workmen's compensation insurance to meet all state requirements,
and
(2)
General comprehensive liability insurance with respect
to the construction, operation and maintenance of a cable system, including
the operation of motor vehicles, in the following minimum amounts:
(a)
For bodily injury, including death, $500,000 for any
one person, and $1,000,000 for any one accident;
(b)
For property damage $1,000,000; and
(c)
For damages resulting from any liability of any nature that may arise from or be occasioned by franchisee's negligent operation of the cable system, including any communication over the cable system, excepting programming on access channels required under § A165-11A(2) herein, $1,000,000.
B.
All insurance policies shall be with sureties qualified
to do business in Maryland and in a form approved by the town's Attorney.
The Commissioners may require in a franchise agreement coverage and amounts
in excess of the above minimum. The town shall be named an additional insured
party in all such insurance policies. No such policies shall be canceled without
a minimum of 30 days' prior written notice to the town.
C.
A franchisee shall, at it sole cost and expense, indemnify,
hold harmless and defend the town, it officials, boards, commissions, agents
and employees against any and all claims, suits, causes of action, proceedings
and judgments for damages or equitable relief arising out of the construction,
maintenance or operation of its cable system regardless of whether the act
or omission complained of is authorized, allowed or prohibited by the franchise,
including all reasonable attorney's fees, provided that the respective indemnitee
shall not have been contributorily negligent in any respect. This provision
includes, but is not limited to, claims arising out of copyright infringements
or a failure by the franchisee to secure consents from the owners, authorized
distributors or licensees of programs to be delivered by the cable system.
D.
The franchise agreement shall require the franchisee
to have in force at all times a performance bond or an irrevocable letter
of credit in an amount specified in the franchise agreement as necessary to
ensure the faithful performance by the franchisee of its obligation under
the franchise agreement. Such surety instruments shall be provided by an entity
qualified to do business in the State of Maryland and in a form approved by
the Town Attorney.
A.
Prior to the franchise becoming effective, the franchisee
shall post with the Town Treasurer a cash security deposit, an irrevocable
letter of credit, or a security bond in an amount not to exceed $10,000 or
such other amount as may be specified in the franchise agreement to be used
as a security fund to ensure the faithful performance of all provisions of
this ordinance and the franchise agreement, and compliance with all orders,
permits, and directions of the town, and the payment by the franchisee of
any claims, liens or taxes due the town which arise by reason of the construction,
operation or maintenance of the system. Construction permit bonds will also
be required by the Department of Public Works for work performed within the
town's rights-of-way.
B.
The Director of Finance shall place any cash security
deposit in an interest-bearing account. The interest shall accrue to the benefit
of the franchisee but may not be withdrawn; all interest will be added to
and become part of the original security fund during the term of the franchise.
C.
In the event that a franchisee shall commit a material
breach of any material provision of its franchise agreement and shall suffer
or incur any damages (whether liquidated or otherwise), costs or expenses
on account thereof, then the Director of Finance may, upon at least 10 business
days' prior written notice to both the town and the franchisee, notify the
town and the franchisee that the Town Treasurer intends to withdraw from the
security claimed damages, costs and withdraw from the security fund a sum
equal to the amount of the town's claimed damages, costs and expenses, which
shall be itemized in such notice together with a summary of the claimed breach.
D.
Within 10 calendar days after the franchisee's receipt
of such notice from the Town Treasurer, the town may (upon its own initiative),
and shall (upon the written request of the franchisee transmitted to the town
within 10 days after the franchisee's receipt of the foregoing notice from
the Director of Finance), conduct a hearing which shall:
(1)
Be commenced by the issuance of a formal order of the
which order shall mandate a hearing upon the matters set forth in the respective
notice transmitted by the Town Treasurer (which notice shall be incorporated
within such order in its entirety) and shall designate a presiding officer
to preside over such hearing;
(2)
Be presided over by the foregoing, duly appointed presiding
officer and be transcribed by a duly qualified court stenographer;
(3)
Afford the franchisee full rights of timely discovery
(by written interrogatory, deposition and production of documents);
(4)
Afford the franchisee full rights to be heard, to present
testimony and evidence and to cross examine witnesses;
(5)
Be concluded within 30 days after the commencement thereof
unless the town and the franchisee shall agree otherwise; and
(6)
Be concluded by a written decision of the town, which
decision shall set forth the findings of fact relevant thereto and shall be
supported by a preponderance of the evidence of record.
E.
If the final written decision of the town shall be that
the franchisee has committed and failed to cure the material breach(es) of
its franchise and that the town has suffered or incurred the material damages,
costs and expenses, then the Town Treasurer shall be authorized to make the
subject withdrawal from the security fund at any date after 10 business days
shall have elapsed from and after the date on which a certified copy of such
decision shall have been delivered to the franchisee. If the final written
decision of the town shall be that the franchisee has not committed, or has
not failed to cure, the material breach(es) of its franchise or that the town
has not suffered or incurred the subject damages, costs and expenses, then
the Town Treasurer shall not be authorized to make the subject withdrawal
from the security fund. The prevailing party shall be entitled to recover
from the other party for all reasonable attorney's fees incurred by it in
connection therewith.
F.
In the event that the franchise is duly revoked in accordance
with the terms of this ordinance, the security fund shall become property
of the town. In the event that the franchise expires, or is duly terminated
in accordance with the terms of this ordinance, the town shall thereupon return
the remaining balance plus accrued interest of the security fund to the franchisee,
provided that there is no outstanding default or unpaid amounts owed to the
town by the franchisee.
G.
The rights reserved to the town with respect to the security
fund are in addition to all other rights of the town whether reserved by this
ordinance, the franchise agreement or authorized by other law, and no action,
proceeding or exercise, of a right with respect to such security fund shall
affect any other right the town may have.
A.
The following minimum requirements for facilities and
services shall apply to all franchises. With the agreement of the franchisee
the town may require that a franchisee exceed these minimum requirements as
set forth in the franchise agreement.
(1)
A cable system shall have a minimum capacity of 35 video
channels available for immediate or potential use, and have the capability
of future activation of two-way communications when technologically and economically
feasible.
(2)
Depending on programming needs, and provided that any
existing access channel is then being fully utilized and has no programming
time available, the town can require a cable system to provide an access channel
for public, education, or government access.
(3)
A cable system shall provide leased access channels as
required by federal law.
(4)
Service to public buildings may be required without charge
as set forth in the franchise agreement.
(5)
When technologically and economically feasible, a franchisee
shall interconnect the cable system access channels with those of other cable
systems in the county upon the direction of the Commissioners or as otherwise
provided in the franchise agreement.
(6)
A franchisee shall design its system to allow the government
to interrupt cable service in an emergency to deliver necessary information
to subscribers.
(7)
A franchisee shall make available to any subscriber who
requests equipment capable of decoding closed-captioning information for the
hearing impaired, the names and addresses of vendors or suppliers of such
equipment. A franchisee shall also provide, upon the request of any subscriber,
free installation of such device after the respective subscriber has received
it. A franchisee shall itself not have any obligation to sell, lease or maintain
any such equipment.
(8)
At the request of a subscriber, a franchisee shall provide
one or more "lock-out" devices which shall allow the subscriber to eliminate
the comprehensible reception of any one or more pay channels other than those
in the basic tier of service (i.e., one such "lock-out" device to be provided
for each such channel which the subscriber desires to render incomprehensible).
The franchisee may charge the subscriber for the cost of installation and
maintenance of this device.
B.
Unless otherwise provided in the franchise agreement,
a franchisee shall promptly extend cable service from its existing lines where
the minimum density of the unserved area is 30 dwellings per cable mile. The
franchisee shall be required to extend its existing cable service to potential
subscribers residing in areas which do not meet the minimum density under
the following conditions:
(1)
If they are willing to pay a one-time charge equivalent
to the franchisee's construction cost per dwelling passed above the franchisee's
construction cost at the minimum dwelling density; or
(2)
As to any cable mile having a minimum of 20 homes, if
15 potential subscribers per cable mile commit themselves to taking service
for at least one year.
A.
A franchisee, in consideration of the privilege granted
under a franchise for the use of public rights-of-way to construct and operate
a cable system, shall pay to the town 3% of the franchisee's gross revenues
during the period of its franchise. A franchisee shall pay the franchise fee
due to the town for the preceding quarter within 60 calendar days of the end
of that quarter.
B.
Any payment of franchise fees to adjust for a shortfall
in the quarterly payments for the preceding year shall be made no later than
the filing date for the annual financial statements. Adjustments for any overpayment
will be credited to subsequent quarterly payments.
C.
Unless a franchise agreement provides otherwise, a franchisee
shall file with the Commissioners within 60 calendar days of the end of each
calendar quarter a financial statement showing the gross revenues received
by the franchisee during the preceding quarter and the number of subscribers
served.
D.
A franchisee shall file within three months of the end
of its fiscal year the franchisee's annual financial statements for the preceding
year prepared and certified by its chief financial officer. The financial
statement shall include a statement of income, a balance sheet, and where
the franchisee is in a significant construction phase, a general statement
of sources and applications of funds. The statement shall include notes that
specify all significant accounting policies and practices upon which it is
based. A summary shall be provided comparing the current year with previous
years since the beginning of the franchise.
E.
The Town Treasurer may inspect and audit any and all
books and records of the franchisee relating to the operations of the franchisee
within the town and recompute any amounts determined to be payable under the
franchise. The cost of the audit will be borne by the franchisee if the annual
payment to the town is increased by more than 3% as a result of the audit.
F.
In the event that a franchise payment is not received by the on or before the due date, interest will be charged from the due date at the annual interest rate then chargeable for unpaid federal income taxes (26 U.S.C. § 6621). In addition, the franchisee will pay a late charge of 5% of the amount of such payment. Interest and late charges will not be imposed for any payment necessary as a result of the yearly adjustment provided for in Subsection B above, if the payment to correct for a shortfall does not exceed 10% of the total payments made during the year. In the event such payment does exceed 10% of the total payments made during the year, the franchisee will be liable for interest and late charges for the entire amount due.
G.
When a franchise terminates for whatever reason, the
franchisee shall file with the commissioners within 90 calendar days of the
date its operations cease an audited financial statement showing the gross
revenues received by the franchisee since the end of the previous fiscal year.
Adjustments will be made at that time for franchise fees due to the date that
the franchisee's operations ceased.
H.
All payments due the town by a franchisee shall be made
to the Treasurer and will be general fund revenues.
A.
Within 120 days of the close of its fiscal year, a franchisee
shall, upon the written request of the town made prior to the end of the respective
fiscal year, file with the Commissioners an annual report that includes the
following information with respect to such franchisee's operations within
the county:
(1)
A summary of the previous calendar year's activities
in development of the system, including but not limited to services begun
or dropped, number of subscribers (including gains and losses), homes passed
and miles of cable distribution plant in service. The summary shall also include
a comparison of any actual construction, including system upgrades, during
the year with any projected construction previously provided to the town.
(2)
A copy of updated maps depicting the location of all
trunks where there was construction in the year of the report.
(3)
A summary of complaints identifying the nature of complaints
and their disposition. Where complaints involve one or more recurrent system
problems, the nature of each problem and what steps have been taken to correct
it shall be identified. More detailed information or complaints shall be submitted
upon request of the Commissioners.
(4)
If the franchisee is a corporation, a list of officers
and members of the board and the officers and board members of any parent
corporation; and, where a parent corporations stock is publicly traded, a
copy of its most recent annual report.
(5)
A list of all partners or stockholders holding 5% or
more ownership interest in the franchisee and any parent corporation; provided,
however, when any such entity has fewer than 10 persons holding a 5% ownership
interest, the 10 largest such holders. Alternatively, the annual ownership
information required by the FCC for broadcast licensees may be supplied.
(6)
A copy of all the franchisee's rules and regulations
applicable to subscribers and users of the cable system.
(7)
A report on the number of elderly and handicapped subscribers
receiving any rate discounts and the amount of the discounts.
B.
A franchisee shall maintain with respect to its operations
within the town a complete set of books and records available for inspection
by the town during normal business hours upon 14 days' prior written notice.
C.
Upon written request of the franchisee and approval by
the Town Attorney, which approval shall not be unreasonably withheld or delayed,
information of a proprietary nature submitted to the town pursuant to this
ordinance by a franchise agreement and exempted by the Maryland Public Information
Act[1] from disclosure will not be made available for public inspection.
[1]
Editor's Note: See the State Government Article of the Annotated Code
of Maryland, § 10-611 et seq.
A.
Unless otherwise provided in the franchise agreement,
a franchisee shall maintain in its franchise district a business office open
during normal business hours with a listed local telephone number and employ
a sufficient number of telephone lines to allow reasonable access by subscribers
and members of the public. When the business offices is closed, an answering
machine or service capable of receiving service complaints and inquiries shall
be employed.
B.
A franchisee shall have available during customary business
hours such personnel, equipment, and procedures as shall be reasonably capable
of locating and correcting major system malfunctions. Corrective action for
all major system malfunctions shall be initiated and, subject to then prevailing
circumstances such as weather conditions, be completed promptly. Corrective
action for all other malfunctions shall be initiated as provided for in the
franchise agreement, but not later than the next business day after the subscriber
service call is received, provided that such call is received during customary
business hours, and such corrective action shall be completed as promptly
as reasonably possible.
C.
A franchise agreement may specify procedures for investigation
and resolution of all complaints, including, but not limited to, those regarding
the quality of service and equipment malfunction.
D.
A franchisee shall provide to each subscriber, at the
time cable service is installed, written instructions for placing a service
call, filing a complaint or requesting an adjustment. Each subscriber shall
also be provided with a schedule of the subscriber's rates and charges, a
copy of the service contract, delinquent subscriber disconnect and reconnect
procedures, and a description of any other of the franchisee's policies in
connection with its subscribers.
E.
A franchisee may interrupt service on the cable system
only for good cause and for the shortest time possible and, except in emergency
situations, only after prior notice to the town of the anticipated service
interruption (and, if the town promptly so requests, to the respective subscribers
who will be affected thereby).
F.
A franchisee shall maintain a complete record of service
complaints received and action taken. These records shall be open to the town
for inspection during normal business hours. Such records shall be retained
for not less than three years.
G.
Upon termination of service to a subscriber and at the
subscriber's request, a franchisee shall remove all its facilities and equipment
from the subscriber's premises within 30 days of the subscriber's request.
Where removal is impractical, such as with buried cable or internal wiring,
facilities and equipment may be disconnected and abandoned rather than removed.
A.
Unless approved by the town and to the extent consistent
with federal law, no franchisee may in its rates or charges, or in the availability
of the services or facilities of its system, or in any other respect except
for system promotional activities, bulk sales to multiple dwelling units,
and discount sales programs, make or grant undue preferences or advantages
to any subscriber or potential subscriber to the system, or to any user or
potential user of the system, nor subject any such persons to any undue prejudice
or any disadvantage. A franchisee shall not deny, delay or otherwise burden
service or discriminate against subscribers or users except for discounts
for the elderly and handicapped who have an annual income of less than $15,000.
B.
A franchisee shall not deny cable service to any potential
subscribers because of the income of the residents of the area in which the
subscribers reside.
C.
A franchisee shall not refuse to employ, nor discharge
from employment, nor discriminate against any person in compensation or in
terms, conditions or privileges of employment because of race, color, or creed,
and shall at all times be an equal opportunity employer.
A.
A franchisee shall utilize, whenever reasonably possible
and with the owner's permission, existing poles, conduits or such other facilities.
Copies of agreements for use of poles, conduits or such other facilities shall
be filed with the Commissioners upon request of the Commissioners.
B.
All transmission lines, equipment and structures shall
be Installed and located so as to avoid unreasonable interference with the
rights and reasonable convenience of property owners. The town may from time
to time issue such reasonable rules and regulations concerning the installation
and maintenance of the cable system installed in the public rights-of-way
as may be consistent with this ordinance, the franchise agreement, and the
Cable Act.
C.
Suitable safety devices and practices as required by
local, county, state, and federal laws, ordinances, regulations and permits
shall be used during construction, maintenance and repair of a cable system.
D.
A franchisee shall remove, replace or modify at its own
expense the installation of any of its facilities within any public right-of-way
when required to do so by the town to allow it to change, maintain, repair
or improve a public thoroughfare.
E.
On streets and roads where electrical and telephone utility
wiring is located underground, either at the time of initial construction
or subsequently, the cable shall also be located underground at the franchisee's
expense. Between a street or road and a subscriber's residence, the cable
shall be located underground at the franchisee's expense if electrical and
telephone utility wiring are located underground. Between a street or road
and a subscribers residence, if electric or telephone utility wiring is aerial,
a franchisee may install aerial cable except where a property owner or resident
request to underground installation and agrees to bear the difference in cost
by which underground installation exceeds the cost of aerial installation.
Where cable is required to be buried hereunder no cable shall be temporarily
left above ground for more than 72 hours after the franchisee has received
the respective locates (i.e., the marked locations of the existing underground
utilities) by the Miss Utility locator service, without prior approval of
the respective owners (or occupants) of the real property on which said cable
is to be located, weather conditions permitting.
F.
A franchisee shall obtain any required federal, state,
county or municipal permits before causing any damage or disturbance to public
thoroughfares or private property as a result of its construction or operations
and shall restore as nearly as possible to their former condition in accord
with applicable construction industry standards such private property and
public thoroughfares, the latter in a manner approved by the town. Such permits
shall not be unreasonably withheld or delayed by the town or any agency or
representative. If such restoration is not performed as hereinabove specified
within a reasonable time, the town, or the property owner in the case of private
property, may, after prior notice to the franchisee, cause the repairs to
be made at the expense of the franchisee.
G.
A franchisee may trim trees within public rights-of-way
at its own expense as necessary to protect its wires and facilities, subject
to any direction that may be provided by the town. Trees on private property
may be trimmed with the consent of the property owner.
H.
At the request of any person holding a valid building
moving permit and upon sufficient notice, the franchisee shall temporarily
raise, lower or cut its wires as necessary to facilitate such move upon not
less than 72 hours advance notice. The direct expense of such temporary changes,
including standby time, shall be paid by the permit holder and the franchisee
may require payment in advance.
A franchisee shall protect the privacy of all subscribers pursuant to
the provisions of Section 631 of the Cable Act, 47 U.S.C. § 551.
A franchisee shall not condition subscriber service on the subscriber's grant
of permission to disclose information which, pursuant to federal law, cannot
be disclosed without the subscriber's explicit consent.
A.
Any cable system constructed within the town shall meet
or exceed technical standards consistent with this ordinance, the franchise
agreement and the franchisee's application. The system shall be capable of
delivering all National Television Systems Committee (NTSC) color and monochrome
standard signals and designed to provide picture quality of TACO Grade 2 or
better with reasonable reliability but in no event less than required by the
current FCC standards. All television signals transmitted on a cable system
shall include any associated closed captioning information for the hearing
impaired. Antennas, supporting structures and outside plant used in the system
shall be designed to comply with the recommendations of the Electronic Industries
Association on tower structures and outside plant.
B.
All construction, installation and maintenance shall
comply with the National Electrical Safety Code, the National Electric Code,
all state and local regulations, and good and accepted industry practices.
C.
At the stages of construction specified in the franchise
agreement, the franchisee shall perform, at its expense, proof of performance
tests designed to demonstrate compliance with the requirements of this ordinance,
the franchise agreement and FCC requirements. The franchisee shall provide
the proof of performance test results promptly to the Commissioners.
D.
The Commissioners may require annual (but no less frequently
than biannual) proof of performance tests on completed portions of the system,
to be performed at the expense of the franchisee. The franchisee shall provide
the test results promptly to the Commissioners.
E.
The franchisee shall advise the Commissioners when a
proof of performance test is scheduled so that the town may have an observer
present.
F.
A franchisee shall not design, install or operate its
facilities in a manner that will interfere with the signals of any broadcast
station, the electrical system located in any building, the cable system of
another franchisee, or individual or master antennas used for receiving television
or other broadcast signals.
A.
The town has the right to apply any one or combination
of the following remedies in the event a franchisee commits a material violation
of any material provision of its franchise agreement:
(1)
Impose liquidated damages in such amount, whether per
day, incident, or other measure of violation, as provided in the franchise
agreement. Payment of liquidated damages by the franchisee will not relieve
the franchisee of its obligation to meet the franchise requirements.
B.
In determining which remedy or remedies are appropriate,
the town shall take into consideration the nature of the violation, the person
or persons bearing the impact of the violation, the nature of the remedy required
in order to prevent further violations, and such other matters as the town
determines are appropriate.
C.
In addition to or instead of any other remedy, the town
may seek legal or equitable relief from any court of competent jurisdiction.
D.
Notwithstanding anything to the contrary herein, the
town shall not apply any remedy in the event that the respective violation
is attributable to an Act of God or other cause beyond the reasonable control
of the franchisee.
A.
If a franchisee decides to initiate a formal franchise
renewal process in accordance with Section 626(a)-(g) of the Cable Act, 47
U.S.C. § 546(A)-(G), it shall notify the Commissioners within 30
to 36 months of the franchise expiration date. Upon such notification, or
at the town's own initiative, the town shall commence the following process:
(1)
The Commissioners shall review and evaluate the future
cable-related community needs and interests and the franchisee's past performance
within 120 days. The review and evaluation process shall include opportunity
for public comment.
(2)
Immediately upon completion of the review and evaluation
process, the Commissioners shall notify the franchisee that it may file a
renewal application. The notice shall specify the information to be included
in the renewal application and the deadline for filing the application, which
shall be no later than 90 calendar days following the date of the notice.
If the franchisee does not submit a renewal application by the specified date,
it will be deemed not to be seeking renewal of its franchise.
(3)
Upon receipt of the renewal application, the Commissioners
shall publish notice of its receipt and may schedule one or more public meetings
or implement other procedures under which comments from the public on the
application may be received.
B.
In considering a renewal application the town shall consider
whether:
(1)
The cable operator has substantially complied with the
material terms of the existing franchise and with applicable law;
(2)
The quality of the cable operator's service, including
signal quality, response to customer complaint and billing practices (but
without regard to the mix, quality or level of cable services or other services
provided over the system) has been reasonable in light of community needs;
(3)
The cable operator has the financial, legal and technical
ability to provide the services, facilities and equipment set forth in its
proposal; and
(4)
The cable operator's proposal is reasonable to meet the
future cable-related community needs and interests, taking into account the
cost of meeting such needs and interests.
C.
The Commissioners shall hold at least one public hearing
to consider the application. The Cable Television Advisory Committee may make
recommendations to the Commissioners prior to its public hearing, a copy of
which recommendations shall be made available to the franchisee in advance
of the Commissioners public hearing. Following the public hearing on the renewal
application, the Commissioners shall either:
E.
If a preliminary assessment is made that a franchise
should not be renewed, at the request of the franchisee or on its own initiative,
the town shall commence in administrative proceeding in accordance with Section
626(c) of the Cable Act, 47 U.S.C. § 546(c) and other applicable
federal, state and local laws.
F.
The Commissioners shall initiate an administrative proceeding
by issuing a hearing order which establishes the issues to be addressed in
the hearing and the procedures to be followed, and shall conduct the hearing.
Upon completion of the hearing, the Commissioners shall issue a recommended
decision. Parties to the hearing and the public shall have 30 calendar days
to comment on the recommended decision after its issuance.
G.
Based on the recommended decision, the comments and arguments
presented, and other evidence of record, the Commissioners shall make a final
determination on whether to grant or deny the renewal application. The Commissioners
shall issue a written decision setting forth the reasons for their decision.
H.
The provisions of Subsections A through G above notwithstanding, a franchisee may submit a proposal for renewal of a franchise in accordance with 47 U.S.C. § 546(H). The town shall hold one or more public hearings or implement other procedures under which comments on the proposal may be received from the public. Following such public hearings or other procedures, the Commissioners shall determine whether the franchise should be renewed and the terms and conditions of any renewal.
J.
If renewal of a franchise is ultimately denied, the former franchisee may sell or otherwise transfer ownership of the system to any third person, subject to the Commissioners' approval of such person, pursuant to § A165-21 hereof, which approval the Commissioners shall not unreasonably withhold or delay. Any such sale or other transfer shall be effected at fair market value (which for purposes of this section shall be the price that a willing buyer would pay to a willing seller for the system as a going concern, together with a new franchise substantially in the form of a renewal of the former franchisee's franchise, based on cable system valuations prevailing in the industry at the time). Subject to the provisions of § A165-21, hereof, the county shall cooperate with the former franchisee in any such sale or other transfer. The Commissioners shall negotiate in good faith with any prospective purchaser for a new franchise agreement.
K.
If renewal of a franchise is denied and the former franchisee is unable to effect a transfer of ownership of the system within a reasonable time pursuant to § A165-20I, the town may require the former franchisee to remove its facilities and equipment. If the former franchisee fails to do so within a reasonable period of time, the Commissioners may have the removal done at the former franchisee's and/or surety's expense; provided, that the former franchisee shall not have any obligation to remove its facilities and equipment where removal is impractical, such as with buried cable or internal wiring, which facilities and equipment may be disconnected and abandoned rather than removed.
Unless otherwise provided in the franchise agreement:
A.
A transfer of a franchise shall not occur without prior
approval of the town provided that the town shall not unreasonably withhold
or delay its approval.
B.
The proposed transferee shall submit to the Commissioners an application to transfer the franchise. An application to transfer a franchise shall meet the requirements of § A165-6 and provide complete information on the proposed transaction, including details on the legal, character, financial, technical and other pertinent qualifications of the transferee, and on the potential impact of the transfer on subscriber rates. At minimum, the information required in § A165-7G(1) through (4) shall be provided by the proposed transferee. The information required in § A165-7E(5) through (10) shall also be provided whenever the proposed transferee expects material changes to occur in those areas.
C.
Final action on an application for transfer of a franchise
shall be taken by the Commissioners.
D.
Approval by the town of a transfer of a franchise does
not constitute a waiver or release of any of the rights of the town under
this ordinance or the franchise agreement.
E.
The town may impose a grant fee to cover its costs in
excess of the filing fee in considering an application for transfer of a franchise.
A.
A franchise may be revoked by the Commissioner for the
franchisee's material failure to construct, operate or maintain the cable
system as required by this ordinance or the franchise agreement or for other
material breach by the franchisee of any other material provision of this
ordinance or the franchise agreement in accordance with the procedures set
forth herein. If within 30 calendar days following written notice from the
Commissioners to the franchisee that it is in material breach of this ordinance
or the franchise agreement, the franchisee has not taken corrective action
or corrective action is not being actively and expeditiously pursued, the
Commissioners acting on its own motion or upon the recommendation of the committee
shall give written notice to the franchisee of its intent to consider revocation
of the franchise, stating its reasons.
B.
The Commissioners shall initiate an administrative proceeding
to investigate facts and make recommendations on possible revocation. Such
a proceeding shall be commenced by the issuance of a hearing order which establishes
the issues to be addressed in the hearing and the procedures to be followed,
and the Commissioners shall appoint a presiding officer for the hearing. Upon
completion of the hearing, the presiding officer shall issue a recommended
decision. The franchisee and any members of the public shall have 30 calendar
days, or such other longer period of time as the hearing order may specify,
to comment on the recommended decision after its issuance. Within 30 days
after receipt of any such comments, or such other period as the hearing order
may specify, the Committee may submit recommendations to the Commissioners.
C.
Before final action can be taken, the Commissioners shall hold a public hearing, at which time the franchisee and members of the public shall be given an opportunity to be heard. Following the public hearing the Commissioners shall determine whether or not to revoke the franchise based on any recommended decision, the arguments presented at the hearing, any recommendations of the Committee and other evidence of record. Such proceeding shall be held in accordance with the provisions of § A165-10D hereof. The Commissioners determination shall be reflected in a written opinion setting forth the reasons for its decision.
D.
Any franchise may, at the option of the town, be revoked
120 calendar days after an assignment for the benefit of creditors or the
appointment of a trustee to take over the business of the franchisee, whether
in a receivership, reorganization, bankruptcy assignment for the benefit of
creditors or other action or proceeding, unless within that 120-day period:
(1)
Such assignment, receivership or trusteeship has been
vacated; or
(2)
Such assignee, receiver or trustee has complied, in all
material respects, with the terms and conditions of this ordinance and the
franchise agreement and has executed an agreement, approved by the court having
jurisdiction, assuming and agreeing to be bound by the terms and conditions
of the franchise.
E.
In the event of foreclosure or other judicial sale of
any of the facilities, equipment or property of a franchisee, the equity may
revoke the franchise by serving notice upon the franchisee and the successful
bidder at the sale, in which event the franchise and all rights and privileges
of the franchise will be revoked 30 calendar days after serving such notice,
unless:
F.
If the town revokes a franchise, or if for any other
reason a franchisee abandons or terminates service to all or substantially
all of its subscribers, the following procedures and rights shall apply:
(1)
The town may require the former franchisee to remove
its facilities and equipment, provided that such franchisee shall not have
any obligation to remove its facilities and equipment where removal is impractical,
such as with buried cable or internal wiring, which facilities and equipment
may be disconnected and abandoned rather than removed. If the former franchisee
fails to do so within a reasonable period of time, the town may have the removal
done at the franchisee's and/or surety's expense.
(2)
If a franchise is revoked, the former franchisee may sell or otherwise transfer ownership of the system to any third person, subject to the Commissioners, approval of such third person pursuant to § A165-21 hereof, which approval the Commissioners shall not unreasonably withhold or delay. Any such sale or other transfer shall be effected at fair market value (which for purposes of this section shall be the price that a willing buyer would pay to a willing seller for the system as a going concern, together with a new franchise substantially in the form of a renewal of the former franchisee's franchise based on cable system valuations prevailing in the industry at the time). Subject to the provisions of § A165-21 hereof shall cooperate with the former franchises in any such sale or other transfer. The Commissioners shall negotiate in good faith with any prospective purchaser for a new franchise agreement.
(3)
If a cable system is abandoned by a franchisee, the town
may, among other legal remedies available sell, assign or transfer all or
part of the assets of the system.
A.
Matters that are arbitratable under the provisions of
a franchise agreement may be subjected to the arbitration procedures specified
below.
B.
The arbitration procedure employed shall be consistent
with the rules and procedures of the American Arbitration Association. The
town and the franchisee will each select a qualified arbitrator. The two persons
selected shall select a third qualified arbitrator, and the three arbitrators
will constitute a panel whose decision is binding on both parties. The fees
of the first two arbitrators shall be paid by the party selecting such person,
and the third person shall be compensated 1/2 by the town and 1/2 by the franchisee.
The general costs of the proceeding shall be shared equally by the town and
the franchisee.
A.
It is the right of all subscribers to receive all services
offered by the franchisee as long as their respective financial and other
obligations to the franchisee are satisfied.
B.
In the event of a termination or transfer of the franchise
for whatever reason, the franchisee shall do everything in its power to ensure
that all subscribers receive continuous, uninterrupted service regardless
of the circumstances. The franchisee shall cooperate with the town to operate
the system for a temporary period following termination or transfer as necessary
to maintain continuity of service to all subscribers. The temporary period
will not exceed six months without the franchisee's written consent. During
such period the cable system shall be operated under such terms and conditions
as the town and the franchisee may agree, or such other terms and conditions
that will continue, to the extent possible, the same level of service to subscribers
and will provide reasonable compensation to the cable operator.
C.
If the franchisee intentionally and permanently discontinues
service to all of its subscribers without Town approval, the franchise may
immediately be revoked and the town is empowered to occupy and take possession
of all facilities and property, real and personal, related to the cable system
for the purpose of operating the system. The town may undertake such operation
itself or authorize operation by a contractor.
It is unlawful for any person to offer any gift, favor, loan, service,
promise, employment or anything of value to an official or employee, or for
an official or employee to solicit or accept any such thing of value, for
the purpose of influencing the grant, modification, renewal, transfer or any
other matter affecting a franchise or the administration or enforcement of
this ordinance.
For the purpose of consumer information the franchisee shall provide
a minimum 30 days' prior notice to the town and the subscribers of any changes
in rates and charges. At such time as federal law permits rate regulation
of the franchisee's cable system, the town reserves the right, upon at least
120 days' prior written notice to the franchisee to implement procedures to
impose such regulation.
A.
Applications for a franchise shall include proposals
for the provision of public, educational and governmental access channels
sufficient to most community needs during the term of the franchise as determined
by the town. A franchisee or applicant shall specify what grants, if any,
it is willing to make for studio equipment and facilities to be used for local
program production by all cable access users. Applicants are encouraged to
include proposals for local origination programming by the franchisee.
B.
All access channel operators shall conform to the following
minimum requirements:
(1)
The town may require in a franchise that a franchisee
shall provide such access equipment as shall be necessary to meet the reasonably
expected demand for such equipment. Access channels shall be carried on the
franchisee's lowest priced service offering.
(2)
The franchisee shall have no control over the content
of the programming carried on except as permitted by federal, state or local
law. The town may require a franchisee, or select a nonprofit corporation
or other entity, to manage the access program and to establish reasonable
rules for the use of access channels consistent with the requirements of this
ordinance, the franchise agreement and the intended purpose of such channels.
Such rules shall be subject to review and approval of the Commissioners following
a public hearing.
(3)
The use of any public access channel shall be made available
to any town resident on a nondiscriminatory basis at no charge for channel
use. Where access studio facilities are located on a franchisee's premises
the franchisee shall make its personnel available for consultation and assistance
to access users at no charge, provided that such personnel can be spared from
their normal duties.
(4)
The use of any educational access channel shall be made
available free of charge to the county school system or other qualified educational
institutions for the transmission of local educational programming.
(5)
The use of any local governmental access channels shall
be made available free of charge to the town for the transmission of government-related
programming.
(6)
The franchisee shall submit to the town on an annual
basis a plan for publicizing access programs and access use.
C.
At the request of a franchisee the county shall promulgate
rules under which channel capacity dedicated to access use may be used by
the franchisee when it is not being used for access purposes.
A.
The Town Council may appoint a Cable Television Advisory
Committee, or may function as the Cable Television Advisory Committee. If
a committee is appointed, it shall consist of five residents of Leonardtown.
Members shall serve for overlapping terms of five years, or until their successors
are appointed and confirmed. A vacancy on the Committee shall be filled for
the unexpired term of the departing member. The Advisory Committee shall advise
the town on all matters related to the use of cable communications operations,
and its duties and functions shall be:
(1)
To review complaint and system malfunction statistics
and make any recommendations to the franchisee and Commissioners as it may
find appropriate for the improvement of the system's technical operation;
(2)
To make recommendations as to possible improvements in
general categories of programming or service to subscribers, including matters
dealing with control and operation of government, public and education access
channels, and the overall operation of the system;
(3)
To assist in any performance evaluation of a cable system;
and
(4)
To perform other duties as directed by the Commissioners.
B.
Members of the Committee shall receive no compensation
for their services except reasonably and necessary expenses as may be provided
in the budget.
A.
The town may periodically evaluate the performance of
a franchisee during the franchise term. A franchisee shall cooperate fully
with these evaluations and supply the town with the specific relevant information
reasonable requested by the town. If the town desires to implement a survey
of subscribers in connection with its evaluation of services, a franchisee
shall distribute the town's questionnaire to its subscribers. Any meetings
between the town and the franchisee for purposes of evaluation shall be open
to the public.
B.
If evaluation indicates the need for modification to
the franchise agreement, the Commissioners shall negotiate the necessary changes.
C.
The Commissioners may hold a public hearing on any performance
evaluation reports. Any franchise agreement modifications shall be approved
by the Commissioners and the franchisee before they become effective.
If any part of this ordinance is held invalid, the invalidity shall
not affect the other parts.
