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(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)
The grantee agrees to abide by all provisions of this franchise, and further agrees that it will not at any future time set up as against the town or the Town Council the claim that the provisions of this franchise are unreasonable, arbitrary or void.
(Ord. 95-04, passed 2-14-95)
The franchise, right and privilege is hereby granted to establish, maintain and operate in the town a cable television system upon the condition that within 60 days after the date of the passage of this chapter, the grantee shall file with the Town Clerk its unconditional acceptance of this franchise and promise to comply with and abide by its provisions, terms and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths; provided, however, that should the grantee fail to comply with the latter prescribed filing of acceptance, the grantee shall acquire no right, privileges or authority under this franchise whatever.
(Ord. 95-04, passed 2-14-95)
(A) No poles or other wire-holding structures shall be erected on any town property by the grantee without prior approval of the Town Council with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the Town Council determines that the public convenience would be enhanced thereby.
(B) where poles or other wire-holding structures already existing for use in serving the town are available for use by the grantee, but it does not make arrangements for such use, the Town Council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
(C) Where the town or a public utility serving the town desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the Town Council may require the grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if the Council determines that the use would enhance the public convenience and would not unduly interfere with the grantee’s operations.
(Ord. 95-04, passed 2-14-95)
(A) The rates and charges for cable television service distributed hereinunder shall be fair, reasonable and nondiscriminatory.
(B) Unless and until otherwise changed by the direction of the Town Council, the rates for services hereinunder shall be as follows:
(1) For installation, a sum not to exceed $15 for Basic Service and an additional sum not to exceed $15 for Premium Service.
(2) For moving and reconnecting each outlet, a sum not to exceed $10.
(3) For Basic Service to residential subscribers, a sum not to exceed $7.50 per month for the first outlet and a sum not to exceed $2 for each additional outlet.
(4) For Premium Service to residential subscribers, a sum not to exceed $9 per month. Premium Service is available only at one outlet per residence.
(5) In the event advance payment for 12 months’ service is made, service for the 13th month will be provided at no charge to subscribers.
(6) There will be no charge for service or for disconnection in the month in which service is disconnected after receipt of written notice of dissatisfaction with CATV service.
(7) Rates for all other services to be provided over the CATV system shall be submitted to and approved by Town Council prior to being placed into effect.
(8) Installation charges and monthly fees for commercial and industrial establishments, apartments, and other multi- residential units shall be in accordance with the rate schedule filed by grantee with the Town Council; the rates must be approved by Council. These installation charges and fees shall be based on the cable operator connecting directly to the subscriber set.
(C) Except as hereinafter provided, the charges for company service shall not be increased for a period of at least three years from the effective date of this chapter; provided, however, the company may increase its charges after Town Council approval and after public hearing, to reflect any increase in the Consumer Price Index, as published monthly by the Bureau of Labor Statistics, 1371 N. Peachtree Street, N.E., Atlanta, Georgia 30309, between such anniversary date and the Index on the date of adoption of this chapter. After the initial three year period, any proposed increase by company which exceeds the percentage change in the Consumer Price Index must be submitted to Town Council for approval by the Town Council following such notice and public hearing as the Council may require, prior to being put into effect.
(D) Proposed rate increase request shall be forwarded to the town for review and approval along with the necessary back-up data and justification. Upon advertising both in local newspapers, and on the CATV system, formal public hearings will be held 30 days after first notice of the town. Judgements by the town shall be final with a minimum of nine months before new hearings can be instituted.
(Ord. 95-04, passed 2-14-95)
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