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REQUIREMENTS
§ 113.60 FRANCHISE REQUIRED; AGREEMENT.
   (A)   No person or cable operator, other than the town, shall be permitted to construct, operate or maintain a cable system which requires the laying or positioning of cable (coaxial, fiber or functional equivalent) across the rights-of-way of the town without first having entered into a franchise agreement with the town.
      (1)   The Board of Trustees may award one or more nonexclusive cable service franchises within its geographical limits; provided, however, that, the Board of Trustees shall not authorize or permit a cable television system to operate within the town on terms or conditions more favorable or less burdensome to such operator than any other operator.
      (2)   A franchised operator shall be selected as part of a public proceeding and hearing which affords due process to both the town and the applicant. If the applicant is selected as a franchised operator, then the applicant will enter into a franchise agreement with the town, pursuant to the provisions of federal, state and local laws and regulations.
(Prior Code, § 13.20.350)
   (B)   If the Board of Trustees awards an applicant a franchise to construct, operate or maintain a cable system in all or part of the town, or approves a proposal for renewal of a franchise, then a franchise agreement shall be entered into. A newly franchised operator may not lay any cable until the franchise agreement is executed by the newly franchised operator and the town. At a minimum, a franchise agreement shall contain provisions for the following:
      (1)   The term or duration of the franchise; and
      (2)   An agreement to comply with the cable ordinance.
(Prior Code, § 13.20.360)
(Ord. 96-13.20, passed - -1996)
§ 113.61 EXTENT OF GRANT OF FRANCHISE.
   Upon an award of a franchise, and the subsequent execution of a franchise agreement, a cable operator may construct, install, maintain, operate, repair, replace, remove or restore a cable system within the geographical limits set forth in the franchise agreement.
   (A)   The franchised cable system may utilize the streets, rights-of-way, easements and public ways of the town subject to terms and conditions of this chapter and the franchise agreement.
   (B)   The franchised operator shall be responsible for obtaining it own easements for private property, including privately-owned utility or street light poles.
   (C)   A franchised operator, through a separate pole or utility easement agreement with an affected utility, may locate the cable system on, or within, the property of the utility company.
(Prior Code, § 13.20.370) (Ord. 96-13.20, passed - -1996)
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