(A) Every grantee shall agree to the terms and provisions of a franchise agreement as negotiated between the grantee and the grantor. In addition to those matters required elsewhere in this chapter to be included in the franchise agreement, each franchise agreement must contain the following express representations by each grantee:
(1) Grantee has examined all of the provisions of this chapter and accepts and agrees to all of the provisions of this chapter as it exists as of the effective date of the grantee’s franchise agreement.
(2) Grantee recognizes, unless otherwise agreed in the applicable franchise agreement, the right of the town to adopt additional regulations of general applicability as it shall find necessary in the exercise of its police power.
(3) Every franchise agreement shall contain further conditions or provisions as may be negotiated between the town and a grantee, except that no conditions or provisions shall be as to conflict with any provisions of state or federal law. In case of any conflict or of any ambiguity between any terms or provisions of a franchise agreement and this chapter, the provisions of this chapter shall control, unless expressly set forth in the franchise agreement.
(B) Franchise renewals shall be in accordance with applicable law including, but not limited to, the Cable Communications Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., as amended. Grantor and a grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
(C) (1) An application fee shall not be deemed to be franchise fees within the meaning of § 622 of the Cable Act (47 U.S.C. § 542), and payments shall not be deemed to be payments in kind or any involuntary payments chargeable against the compensation to be paid to the town by grantee, or part of the compensation to be paid to the town by grantee pursuant to this chapter or a franchise agreement.
(2) All applicants for an initial franchise grant shall submit an application fee of $2,500 to compensate the town for its costs in reviewing, preparing and awarding a franchise, including the costs of outside consultants. Upon grant of a franchise the town may request the payment of an additional fee to the extent that the reasonable costs of the franchise review and negotiation process exceed the initial application fee amount. Consistent with the Cable Act, all fees shall not constitute or be credited towards a grantee’s franchise fee obligations. Reasonable costs include staff time, professional fees and administrative costs as determined necessary by the town.
(3) The town reserves the right, unless prohibited by applicable law, to require a grantee to pay the incidental costs of the franchise renewal and negotiation process. Incidental costs include staff time, professional fees and administrative costs as stated in the franchise agreement.
(Ord. passed - -) Penalty, see § 10.99