§ 113.040 EFFECT OF AWARD OF LICENSE.

   (A)   Code binding. Upon award of an initial or a renewal license pursuant to this code, a licensee shall agree to be bound by all the terms and conditions contained herein.

   (B)   Incorporation by reference of proposal for initial or renewal license.

      (1)   A licensee under an initial or renewal license also agrees to provide all of the cable services specifically set forth in its proposal, if provided, to provide cable services within the license area and by its acceptance of the initial or renewal license, the licensee specifically agrees that its proposal is hereby incorporated by reference and made a part of the initial or renewal license.

      (2)   If such proposal and the provisions of this chapter conflict with the applicable initial or renewal license, that provision that provides the greatest benefit to the town, in the opinion of the Town Council, shall prevail; provided that, the town, having chosen or accepted one of the conflicting provisions, may not thereafter elect to require compliance with a different alternative of the conflicting provisions.

      (3)   Failure to provide services as promised in licensee’s proposal or agreed to in its license may be deemed a breach of this chapter to which the provisions of §§ 113.128 and 113.129 of this chapter shall apply.

(Ord. 2003-07, passed 9-25-2003)