(A) Rate regulation. The town reserves the right to regulate rates for all services offered over the cable system, to the extent permitted by federal or state law. The grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., pt. 76.900, subpt. N. The town shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., pt. 76.900, subpt. N. To the extent required by applicable federal or state law, the grantee shall establish rates that are nondiscriminatory within the same general class of subscribers and which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee from offering:
(1) Discounts to commercial and multiple-family dwelling subscribers billed on a bulk basis;
(2) Promotional discounts;
(3) Reduced installation rates for subscribers who have multiple services;
(4) Discounts for senior citizens and/or low-income residents; or
(5) Reduced rates to subscribers who receive non-cable services in addition to cable services.
(B) Rights reserved to grantor.
(1) Upon either the expiration or revocation of a franchise, the grantor may permit and/or require a grantee to continue to operate the cable system for an extended period of time not to exceed three months from the date of the expiration or revocation. A grantee shall continue to operate the system under the terms and conditions of this chapter and the applicable franchise agreement and to provide cable service and any and all other services which the grantee had been providing.
(2) The grantor shall have the right to compel continued operation of the cable system whether by the grantee or a trustee or receiver or by the grantor, and to ensure that the operation is consistent with public interest as determined by a court of competent jurisdiction. The grantee may not remove equipment or documents necessary for continued operation of the system.
(3) At all reasonable times, the grantee shall permit examination by the town of the system, together with any appurtenant property of the grantee situated within or without the town when necessary to ascertain the grantee’s compliance with this chapter, the franchise agreement and all applicable laws.
(4) The town shall have the right of intervention in any suit or proceeding to which the grantee is a party relative to grantee’s operations in the town, and the grantee shall not oppose that intervention by the town.
(5) Except as otherwise provided by applicable law, the grantee shall have no recourse whatsoever against the town or its officials, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirements of this chapter or the franchise agreement, or of their enforcement.
(C) Non-enforcement by the town. Grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter or the franchise agreement by reason of any failure of the town to enforce prompt compliance.
(D) Governing law and choice of forum. Any dispute arising with respect to this chapter or a franchise agreement granted pursuant to it, shall be subject to review by the state and federal courts having primary jurisdiction in the town.
(E) Severability. If any material portion of this chapter, or a franchise agreement adopted pursuant to it, is held by an authority of competent jurisdiction, to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect, or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any applicable laws, the provision shall be considered a separate, distinct and independent part of this chapter or franchise agreement, and, to the extent possible, the holding shall not affect the validity and enforceability of all other provisions thereof.
(F) Publication of notices. All public notices required to be published by the grantor under this chapter or any franchise agreement shall be published in a manner consistent with the public notice laws of the state.
(G) System construction capabilities and schedule.
(1) The cable system shall generally conform to the system design and channel capacity specifications set forth by the grantee in its application for a franchise submitted to the town. At a minimum, the grantee shall construct a system with equivalent technical capabilities to a hybrid fiber coax (HFC) 750 MHZ cable system. The grantee is permitted to modify its design and implementation plan, pursuant to the conditions provided herein, to accommodate technological innovations and refinements that enhance system reliability and capacity.
(2) The initial construction required under initial franchise agreement shall be completed in compliance with a schedule specified therein. If the grantee shows that, notwithstanding its due diligence, that it has been unable to extend service to a specified area because the acts or omissions of a third party (excluding the grantee’s subcontractors or agents) or other factors have caused a delay in construction beyond that reasonably expected during the course of construction, and the grantee proposes a reasonable alternative deadline for extension of service to that area, the town shall grant reasonable extensions of time to complete construction.
(Ord. eff. 10-8-2001)