(A) The term of this franchise shall be for a period of 15 years from the date of passage of this chapter. Upon expiration, the grantee may have his franchise renewed for one or more 10 year periods if consistent with existing FCC regulations. The existing grantee will have priority consideration over all other applicants providing that his operations have well served the public interest.
(B) It shall be the policy of the town to consider amendments to this franchised upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently, or economically serve its potential customers; provided, however, that this section shall not be construed to require the town to make any amendment to or prohibit the town from changing its policy state herein.
(C) The town may terminate this franchise in the event of willful failure, refusal, or neglect of the grantee upon due notice, to accomplish or comply with the material requirements, regulations, or limitations of this ordinance, FCC regulations, or any other valid authority. The grantee must comply within 60 days after the date of notice of award.
(D) The town reserves the right to terminate this franchise based upon any of the following. Should the grantee:
(1) Become insolvent, refuse to pay its debts or is adjudged bankrupt.
(2) Fail to implement the provisions or responsibilities of this chapter, or practice fraud or deceit upon the town.
(3) Fail to have at least 30 percent of the system in operation within 12 months after the effective date hereof.
(4) Fail to file for right of way clearances, FCC certificate of compliance, and other necessary clearances within 60 days of date of award of franchise.
(5) Fail to have service available to 95 percent of the homes in areas of the town having at least 45 homes per trunk or distribution cable mile within two years of start of construction.
(6) Fail to maintain system performance within FCC rules, standards, and system specification as herein described, whichever may be higher.
(E) If this franchise is terminated by reason of the grantee’s default that part of the system located on the public ways may either become the property of the town, if so elected, at a cost not to exceed the fair market price then prevailing; or removed or relocated by the town at the cost of the grantee. In the event of a disagreement relative to the price of said property, the Town Council shall appoint an arbitration committee involving a third party for final resolution.
(Ord. 95-04, passed 2-14-95)