Loading...
(A) Upon grant of a franchise pursuant hereto and acceptance thereof by a company, a company will be bound by all the terms and conditions contained herein.
(B) Upon grant and acceptance of a franchise, a company and the Town shall agree, either in the franchise agreement itself or in a separate document, as to all financial obligations of the company to the Town associated with the franchise.
(`83 Code, § 13-504)
FRANCHISE
(A) A franchise and the rights, privileges and authority granted shall take effect and be in force from and after final grant and acceptance thereof by a company for the term specified in an initial proposal or renewal proposal as the case may be, which term may be for not more than 20 years; provided, however, that by appropriate agreement certain obligations may be deemed to commence from a date prior to the final grant and acceptance of a franchise.
(B) Acceptance by a company of a franchise shall constitute a representation or warranty that it accepts the franchise willingly and without coercion, undue influence and duress, that it has not misrepresented or omitted material facts, has not accepted the franchise with intent to act contrary to the provisions of this chapter and that, so long as it operates the cable system, it will be bound by the terms and conditions of this franchise, subject to applicable state and federal law.
(`83 Code, § 13-506)
(A) A franchise may be renewed by the Town in accordance with the procedures delineated in 47 USC 546 or other applicable statutory requirements.
(B) In the absence of statutory requirements:
(1) At least 24 months prior to the expiration of its franchise, a company shall inform the Town in writing of its intent to seek renewal of the franchise;
(2) Such company shall submit a renewal proposal which demonstrates:
(a) That it has been and continues to be in substantial compliance with the terms, conditions and limitations of this chapter and its franchise;
(b) That its system has been installed, constructed, maintained and operated in accordance with the accepted standards of the industry and this chapter and its franchise;
(c) That it has the legal, technical, financial and other qualifications to continue to maintain and operate its system and to improve the same as the state of art progresses so as to assure its subscribers high quality service; and
(d) That has made a good faith effort to provide services and facilities which accommodate and will accommodate the demonstrated needs of the Town and its residents as may be reasonably ascertained by the Town.
(3) After giving public notice, as defined in § 118.33, the Town shall proceed to determine whether the company has met the requirements of the foregoing section of this chapter. In making this determination, the Town shall consider technical developments and performance of the system, programming and other services offered, cost of services and any other particular requirements set out in this chapter. Also, the Town shall consider a company’s reports made to the Town and the FCC, may require a company to make available specified records, documents and information for this purpose and may inquire specifically whether a company will supply services sufficient to meet community needs and interests. Industry performance on a national basis shall also be considered. Provision shall be made for public comment.
(4) The Town shall then adopt any amendments to this chapter that it considers necessary.
(5) If the Town finds the company’s performance satisfies the renewal requirements as set out in statutory requirements or, in lieu thereof, satisfies the four criteria outlined above in division (B), a new franchise shall be granted pursuant to this chapter, as amended.
(6) If a company is determined by the Town not to have satisfied the criteria described in division (B), new applicants shall be sought and evaluated and a franchise award shall be granted by the Town according to this chapter.
(`83 Code, § 13-507)
(A) In accepting a franchise, a company acknowledges that its rights hereunder are subject to the police power of the Town to adopt and enforce general ordinances necessary to the safety and welfare of the public, and it agrees to comply with all applicable general laws and ordinances enacted by the Town pursuant to such power.
(B) Any conflict between the provisions of this chapter and/or a franchise and any other present or future lawful exercise of the Town’s police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the Town or which applies exclusively to a company or cable systems and which contains provisions inconsistent with this chapter and/or a franchise shall prevail only if upon such exercise the Town finds an emergency exists constituting a danger to health, safety, property or such exercise is mandated by law.
(C) The right is reserved to the Town to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power. Nothing in this chapter or in any agreement under this chapter awarding a franchise shall be construed as an abrogation by the Town of its police power.
(`83 Code, § 13-508)
Loading...