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It shall be unlawful for any person to own, operate or construct a cable television system in the corporate limits of the town or to provide cable television service to any subscriber within the town, except pursuant to a franchise agreement granting the right to do so between the town and the franchisee, which agreement shall incorporate by reference and be subject to this chapter to the same extent as though this chapter in its entirety is a part of the agreement. Notwithstanding the provisions of this section, the franchisee may designate others under contractual arrangement, to construct, own and lease to the franchisee the physical assets of the cable television system; provided, however, that, the franchisee shall be fully and solely responsible under the terms of this chapter and the franchise agreement. Neither the franchise, nor any rights of the franchisee arising thereunder shall be assigned, without the prior written consent of the Board of Commissioners. Nothing in this section is intended to prevent the Board from granting a pre-existing permitted use franchise to any CATV system in operation in the corporate limits of the town at the time of passage of this chapter under such terms and conditions as will enable that CATV to maintain its then current customers for a sufficient length of time to recoup its investment.
(Prior Code, § 114.04) (Ord. passed 11-12-1981) Penalty, see § 10.99