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The franchisee shall be required to provide continuous service to all subscribers in return for payment of the established fee. If the franchise agreement becomes void for whatever reason, including normal expiration, revocation or foreclosure, the franchisee is required, at the option of the Board and as a part of the franchise, to continue to operate the system until an orderly change of operation is effected. In the event the franchisee fails to operate the system or allows a lapse in service without prior approval of the Board of Alderpersons, the Board or its agent shall operate the system until the time as a new operator is selected. If the Board is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the Board for any costs or damages that are the result of the franchisee’s failure to perform.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
In the event the Board elects to revoke the franchise or fails to renew the franchise and providing the Board elects not to purchase the system, the Board may require that the system be sold to a franchisee designated by the Board of Alderpersons, at a purchase price that shall be equivalent to the fair market value determines in the same manner described in § 110.024 of this chapter.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
(A) Because of the regulatory, technical, financial, marketing and legal uncertainties associated with cable communications, the franchisee shall agree to the following review provisions, in order to provide for a maximum degree of flexibility in the franchise and to help achieve a continued advanced and modern system for the town.
(1) The Board and the franchisee shall hold scheduled review sessions within 30 days of the fifth and tenth anniversary dates of the franchisee’s obtaining certification for the system from the FCC.
(2) Special review sessions may be held in the Board’s meeting place at any time during the term of the franchise, upon reasonable notice by either party to the other. A special review session shall be held in the event any clause or section of this chapter is voided, nullified, deleted or modified by the authority of any regulatory agency, including the FCC and the franchisee will comply with the FCC rules within one year from adoption of the new rule.
(B) The following topics shall be discussed at every scheduled review session: Service, rate structures, free or discounted services, application of new technologies, state of the art, system performances, services provided, programming offered, customer complaints, privacy in human rights, amendments to this chapter, undergrounding provisions, judicial and FCC rulings and extension of service. In addition, other topics may be discussed as determined by the Board.
(C) At either a scheduled or special review session, a public hearing may be called, if and as determined by the Board of Alderpersons.
(Prior Code, § 4.1-10) (Ord. passed 9-19-1979)
FRANCHISE SERVICE AREA
(A) The franchise is for the area described in § 110.002.
(B) The franchisee agrees to make available basic CATV service to all residents of the town within the basic service area, subject to the provisions of § 110.047 of this chapter. The franchisee shall accomplish significant construction within one year after receiving Commission certification and shall thereafter equitably and reasonably extend energized trunk cables into a substantial percentage of its franchise area each year; the percentage shall be not less than:
(1) Fifty percent at the end of two years;
(2) Seventy percent at the end of three years;
(3) Eighty percent at the end of four years; and
(4) Ninety percent at the end of five years.
(Prior Code, § 4.1-11(b)) (Ord. passed 9-19-1979)
The franchisee may negotiate with any citizen or group of citizens outside the corporate limits for the extension of CATV service. Service may be extended to areas outside the corporate limits, provided there is no deterioration of service to citizens inside the corporate limits that results from the extension and provided all residents of the town have service available if they desire it. Negotiations for extension of service shall in no way result in any change in rate schedules.
(Prior Code, § 4.1-11) (Ord. passed 9-19-1979)
The franchisee shall provide its service to residents of the town in areas where the average density of dwelling units is equivalent to or greater than the rate of 50 homes per linear mile. The franchisee shall extend its service to the areas and only the standard installation charge specified in the rate resolution will apply in the areas. Special installation charges may be made where the average rate of dwelling units per mile is less than the equivalent of 50 dwelling units per mile; provided, that the special charges shall not exceed the direct cost to the franchisee of the installation. Decisions over provision and extension of service by the franchisee as well as charges may be appealed to the Board of Alderpersons.
(Prior Code, § 4.1-11) (Ord. passed 9-19-1979)
PAYMENTS BY FRANCHISEE
The franchisee shall pay the town a sum of money which will, when added to application fees received, reimburse all costs and expenses incurred by the town in connection with preparation of this chapter and the franchise agreement and the granting of a franchise, including, but not limited to, consultant fees, travel expenses and all other direct costs; provided, that the town shall submit a detailed schedule of all the costs. The payment shall be made within 30 days after the Clerk furnishes the franchisee with a written statement of the expenses.
(Prior Code, § 4.1-12) (Ord. passed 9-19-1979)
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