CABLE TELEVISION ORDINANCE
The Town of Kennebunkport, acting by and through its municipal officers, hereby ordains the following Cable Television Ordinance:
Section 1 - PURPOSE
The purpose of this ordinance is to provide for Town regulation and use of the cable television system including its construction, operation and maintenance in, along, upon, across, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof and additions thereof in the Town of Kennebunkport, including poles, wires, cables, underground conduits, manholes, conductors and fixtures necessary for the maintenance and operation in the Town of Kennebunkport, of the cable television systems and to provide conditions accompanying the grant of franchise; and providing for the Town regulation of cable television operation.
Section 2 - DEFINITIONS
a. “Cable Television System” shall mean any “cable system” as defined in the Cable Television Consumer Protection and Competition Act of 1992, as amended, or any facility that, in whole or in part, receives directly or indirectly, over the air, and amplifies or otherwise modifies signals transmitting programs broadcast by one or more television or radio stations, or originates its own signal or signals produced through any of its community access channels and distributes such signals by wire or cable to subscribing members of the public who pay for such services, but such term shall not include any such facility that serves only the
residents of one or more apartment dwellings under common ownership, control or management.
b. ‘Cable Television Company” shall mean any person, firm or corporation owning, controlling, operating, managing or leasing a cable television system within the Town of Kennebunkport sometimes hereinafter referred to as “the company”.
c. “Town” shall mean the Town of Kennebunkport, organized and existing under the laws of the State of Maine and the area within its territorial limits.
Section 3 - FRANCHISE REQUIRED
No person, firm or corporation shall install, maintain or operate within the Town or any of its public ways or other public areas any equipment or facilities for the operation of a cable television system unless a franchise authorizing the use of said public ways or areas has first been obtained pursuant to the provisions of this Ordinance and unless said franchise is in full force and effect.
Section 4 - FRANCHISE CONTRACT
a. The municipal officers of the Town may contract on such terms, conditions and fees as they deem in the best interests of the Town and its residents with one or more Cable Television Companies for the operation of a cable television system within the Town, including the granting of a non-exclusive franchise for the operation thereof for a period not to exceed fifteen (15) years.
b. Applicants for a franchise shall pay a non-refundable filing fee to the Town of $25.00 to defray the cost of public notice and advertising expenses relating to such application. The applications shall be filed with the Town Clerk and shall contain such information as the Town may require including, but not limited to, a general description of the applicant’s proposed operation, a schedule of proposed charges, a statement detailing its previous two fiscal years, an estimated ten year financial projection of its proposed system, its proposed annual Town franchise fee, if any, and the basis for same, and a statement detailing the prior operational
experience of the applicant in both the cable television and microwave service including that of its officers, management and staff to be associated with the proposed operations.
c. Any franchise contract may be revoked by the municipal officers for good and sufficient cause as provided in the franchise contract, after due notice to the company and a public hearing thereon, with the right to appeal to the Superior Court under Rule 80B of the Maine Rules of Civil Procedure.
Section 5 - PUBLIC COMMENT PERIODS
a. Before issuance of a request for proposals, the Town shall hold a public hearing with at least seven (7) days advance notice for the purpose of determining any special local needs or interests regarding cable television.
b. Any proposal or application submitted by a prospective cable television franchise shall be filed in triplicate with the Town Clerk’s office, shall be deemed a public record, shall be available for a period not less than fourteen (14) days prior to the Town’s taking any formal action thereon, and public notice of the filing shall be given.
c. Before authorizing the issuance of any such franchise contract, including an assignment or a renewal of a franchise contract, the municipal officers shall review the applicant’s character, financial and technical qualifications and the adequacy and feasibility of its qualifications to operate a cable television system within the Town, and shall conduct a public hearing thereon with at least seven (7) days advertised notice prior to said public hearing.
Section 6 - PERFORMANCE BOND AND INSURANCE COVERAGE
Upon the execution of any such franchise contract, the Town may require the Cable Television Company to file a surety company performance bond in an amount and in such form as is acceptable to the Town. The Town, in making this determination, may rely upon the advice of the Municipal Officers, Town Manager, Town Attorney and/or other appropriate Town officials. The said amount of said bond, if required, shall not be less than the estimated cost of performing any work specified in the franchise contract. Said bond, if any, shall remain in effect until the Cable Television Company has completed any construction or reconstruction of the system as set forth in the franchise contract.
The Cable Television Company shall also, upon execution of any such franchise contract, provide evidence of such public liability, copyright infringement and other insurance coverage as the Municipal Officers may require.
Adopted by the Board of Selectmen on March 14, 1981. Amended July 25, 1996.
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