(a) Grant. The town can grant revocable and non-exclusive franchises to construct and operate a cable system in, under, over, along, across or upon the public rights-of-way within the town for the purpose of reception, transmission, collection, amplification, origination, distribution or redistribution of audio, video, data, or other signals.
In exercising rights pursuant hereto, the franchisee shall not endanger or interfere with the lives of persons, interfere with any installations, buildings, or facilities of the town, any public utility, or any other person permitted to use the public rights-of-way, nor unnecessarily hinder or obstruct the free use of the public rights-of-way. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the town's own use of the public rights-of-way.
All rights granted for the construction and operation of the cable system shall be subject to the continuing right of the town to require such reconstruction or relocation of the cable system in the public rights-of-way as shall in the opinion of the town be in the public interest.
No grant of any franchise shall be exclusive or affect the right of the town to grant to itself or any other person the right to: build, operate, or own a cable system; occupy or use the public rights-of-way for the construction and operation of a cable system or for any purpose whatever. No privilege or power of eminent domain is bestowed on a franchisee by the grant of a franchise.
(b) Event of conflict. In the event of conflict between the terms and conditions of this code and the franchise, the franchise agreement shall control. In all events, the franchisee shall comply with all laws, ordinances and regulations enacted by the town pursuant to its lawful police and regulatory powers as authorized by law.
(c) General code provisions. Any franchise granted by the town is hereby made subject to the general code provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes of the town regarding permits, taxes, fees to be paid, or manner of construction.
(Ord. 94-05, passed 12-14-94)