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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)
As compensation for the authorization granted pursuant to this chapter and in consideration for permission to use the easements which the town controls for the construction, operation and maintenance of a CATV system within the town, the franchisee shall pay to the town quarterly, on or before the first day of July, October, January and April for the preceding quarter, an amount equal to 3% of the gross revenues. This payment shall be in addition to any other fees or payments made to the town by the franchisee, as pole rental, business licenses and other fees not based on gross revenues. Should the FCC regulations be amended in the future to allow the town to receive a fee from its franchisee from other than the previously mentioned revenues, the franchisee shall immediately commence making the additional payments to the town as are authorized to the full extent of the authorization. Payment shall be accompanied by a certified report showing the basis for the computation and the other relevant facts as may be required by the Board. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall the acceptance of payment be construed as a release of any claim the town may have for further or additional sums payable under the provisions of this chapter. All amounts paid shall be subject to recomputation by the town within 60 days of the receipt of the franchisee’s annual report. This time limitation shall not apply should the franchisee provide false or erroneous information. In the event that recomputation results in additional revenue to be paid to the town, the amount shall be subject to an interest charge at the highest rate permitted by law. Nothing in this provision shall limit the franchisee’s liability to pay other local taxes and charges.
(Prior Code, § 4.1-12) (Ord. passed 9-19-1979)
DESIGN AND CONSTRUCTION
(A) The cable system shall include an “emergency alert” capability which will permit the chairperson or his or her designee to override, by remote control, the video and/or audio of all channels simultaneously broadcasting in the case of public emergencies. The franchisee shall designate a channel which will be used for emergency broadcasts.
(B) The franchisee shall maintain equipment capable of providing standby powering for the head-end. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns.
(Prior Code, § 4.1-13) (Ord. passed 9-19-1979)
(A) The franchisee shall install and maintain a cable system which shall be in accordance with the highest and best accepted standards of the industry, to the end that subscribers shall receive the best possible service. In addition, the franchisee shall comply with all requirements of all duly constituted regulatory agencies having jurisdiction over cable television or the operator of the cable system.
(B) At all times the signal carriage and channel utilization shall conform to the regulations of the FCC, state and other regulatory agencies which are not in conflict therewith. The operator shall provide at least one access channel for each of the following activities, as each of these channels is defined under FCC regulations:
(1) Public access;
(2) Educational access;
(3) Government access; and
(4) Leased access.
(C) Under the test of utilization as prescribed by FCC rules, the operator shall make available additional educational access channels of each type for local use, activated on a schedule as provided in the applicable FCC rules.
(Prior Code, § 4.1-13) (Ord. passed 9-19-1979)
The franchisee shall be diligent in obtaining a certificate of compliance from the FCC. The franchisee shall provide the town with copies of all filings with the FCC or any other agency or person in connection with the application and shall complete formal submission of all documents required by the FCC for its full consideration of the application for the certificate of compliance no later than four months after the effective date of the franchise agreement.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner consistent with all applicable requirements of the National Electrical Code state and local electrical codes and all pole attachment agreements. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety considerations.
(B) All installations shall be underground in those areas of the town where electric service is underground at the time of installation. In areas where electric utility facilities are aboveground at the time of installation, the franchisee may install its service aboveground, with the understanding that, at the time as those facilities are required to be placed underground by the town, the franchisee shall likewise place its services underground without additional cost to the subscribers or the town. It shall be the policy of the Board that underground installation, even when not required, is preferable to the placement of additional poles.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) Nothing in this chapter, or any franchise granted hereunder, shall authorize the franchisee to erect and maintain in the town new poles, where existing poles are servicing the area.
(B) The franchisee shall obtain permission from the Board of Alderpersons before erecting any new poles or underground conduits, where none exist at the time the franchisee seeks to install his or her network.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
(A) A franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place or remove from the road or other public place any property of the franchisee when required by the town or state by reason of traffic conditions, public safety, road vacation, road construction, change or establishment of road grade, installation of sewers, drains and water pipes, power lines or any other type of structure or improvement by public agencies.
(B) The franchisee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of the building. The expense of the temporary removal, raising or lowering of wires shall be paid by the person requesting the same and the franchisee shall have the authority to require the payment in advance. The franchisee shall be given not less than five days’ advance notice of any move contemplated to arrange for temporary wire changes.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
The Board of Alderpersons may require any part or all of the system to be improved or upgraded (including, without limitation, the increasing of channel capacity and the furnishing of two-way transmissions), if a reasonable need is found therefor after a public hearing has been called for that purpose and may order the improvement or upgrading of the system to be effected by the franchisee within a reasonable time thereafter, provided, that no change shall compromise the franchisee’s ability to perform satisfactorily its obligations or rights under this chapter or the franchise agreement.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
The franchisee’s distribution system in the public roads shall comply with all applicable laws, regulations and ordinances and all of its wires and cables suspended from poles in the roads shall comply with the minimum clearances aboveground required for telephone lines, cables, wires and conduits.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
All wires, conduits, cable and other property and facilities of the franchisee shall be so located constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade traffic and travel upon the roads and public places of the town. The franchisee shall keep and maintain all of its property in good condition, order and repair. The franchisee shall keep accurate maps and records of all of its facilities and furnish copies of the maps and records as requested by the Board of Alderpersons pursuant to § 110.108. A franchisee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric or telephone fixtures or with any water hydrants or mains.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
Should any subscriber wish to have underground service in any area normally provided service via overhead (aerial) construction, the subscriber requesting the underground service shall pay all costs attendant to underground construction plus10%, less the normal costs of the equivalent overhead installation, if the overhead service does not exist to the subscriber’s residence.
(Prior Code, § 4.1-14) (Ord. passed 9-19-1979)
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