Any franchise granted under this chapter shall be subject to the right of the town to:
(A) Repeal the same for misuse, non-use or failure to comply with the provisions of this chapter, any other local, state or federal laws or Federal Communications Commission rules or regulations;
(B) Require proper and adequate extension of the plant and service and maintenance thereof at the highest practicable standard of efficiency; (The town shall require extension of subscriber service to 50% of the residents of the town within 12 months of franchisee’s receipt of the Federal Communications Commission (FCC) certificate of compliance and the town shall further require extension of subscriber service to all residents of the town within two years of the date of franchisee’s receipt of the FCC certificate of compliance. Any area annexed by the town subsequent to the grant of a franchise shall be served by the franchisee within one year from the effective date of annexation or within the initial two-year service period specified above, whichever last occurs.)
(C) Establish reasonable standards of service and quality of products and to prevent unjust discrimination in service or rates;
(D) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
(E) Impose other regulations as may be determined by the Board of Commissioners to be conducive to the safety, welfare and accommodation of the public;
(F) Control and regulate the use of its streets, alleys, bridges and public places and the space above and beneath them; (Every franchisee shall pay that part of the cost of repair of streets, alleys, bridges and public places as well as privately owned property as shall arise from its use thereof and shall protect and save the town harmless from all damages arising from this use. The franchisee may be required by the town to permit joint use of its property and appurtenances located in the streets, alleys and public places of the town, by the town and other utilities insofar as the joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided, that in the absence of agreement, upon application by any franchisee, the Board of Commissioners shall provide for arbitration of the terms and conditions of the joint use and the compensation to be paid therefor, which award shall be final.)
(G) Through its appropriately designated representatives, inspect all construction or installation work performed subject to the provisions of the franchise and this chapter and make those inspections as it shall find necessary to ensure compliance with the terms of the franchise, this chapter and other pertinent provisions of law;
(H) At the expiration of the term for which the franchise is granted or upon the termination and cancellation as provided therein, require the franchisee to remove at its own expense any and all portions of the CATV system from the public ways within the town; and
(I) Require the franchisee to pay the costs of publication of this chapter as publication is required by law.
(1988 Code, § 111.07) (Ord. passed 10-2-1979)