(A) The franchise agreement, together with the provisions of this chapter, shall constitute the terms and conditions upon which the franchisee may exercise the rights described herein. In the event this chapter or the franchise agreement conflict with mandatory regulations of the FCC or other governmental body having jurisdiction, the same shall, only insofar as the conflict shall exist, be deemed of no effect and the remaining provisions of this chapter and the agreement shall remain in full force and effect. The franchise agreement shall contain the representations, warranties and agreements as shall be agreed upon between the Board and the franchisee. The applicant awarded a franchise by the Board’s resolution shall execute a franchise agreement agreeing to the terms and provisions of this chapter, the proposal and any conditions or provisions that may be negotiated between the town and the franchisee. In no event shall the terms of the franchise agreement conflict with any provision of this chapter, FCC regulations or any other law.
(B) At the minimum the franchise agreement shall contain representations by the franchise that:
(1) It accepts and agrees to all of the provisions of this chapter and any supplementary specifications, as to construction, operation or maintenance of the system, which the Board may include in the franchise agreement;
(2) It has examined all of the provisions of this chapter and waives any claims that any provisions hereof are unreasonable, arbitrary or void;
(3) It recognizes the right of the Board to make reasonable amendments to this chapter or the franchise agreement during the term of the franchise; provided, that no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement. It further recognizes and agrees that the Board shall, in no way, be bound to renew the franchise at the end of any franchise term; and
(4) It 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 enacted by the Board pursuant to the power.
(C) In addition, the franchise agreement may contain specific standards that will be met related to signal quality and technical standards of construction, operation and maintenance of the system.
(Prior Code, § 4.1-8)
(D) Upon award of the franchise by the Board of Alderpersons and following execution of the franchise agreement, it shall be mandatory for the franchisee diligently and expeditiously to pursue the construction and operation of a CATV system for the citizens of the town and following construction of the system, it shall be mandatory for the franchisee to provide continuous regular service to its subscribers.
(Prior Code, § 4.1-7) (Ord. passed 9-19-1979)