MAINE MODEL CABLE TV FRANCHISE
October 30, 2009, Appendices Updated May 22, 2015
Contents
1. Statement of Agreement ......................................................................................................... 5
2. Title ......................................................................................................................................... 5
3. Parties ...................................................................................................................................... 5
A. Municipality ..................................................................................................................... 5
B. Company .......................................................................................................................... 5
C. Company Local Business Office ..................................................................................... 5
D. Addresses ......................................................................................................................... 6
4. Notices (Communications) ..................................................................................................... 6
5. Grant of Authority................................................................................................................... 6
A. Franchise Area ................................................................................................................. 6
B. Limited Grant ................................................................................................................... 6
C. Non-Exclusivity ............................................................................................................... 7
D. Eminent Domain not Conferred ....................................................................................... 7
6. Term ........................................................................................................................................ 7
7. Governing Law ....................................................................................................................... 7
8. Effect of Acceptance ............................................................................................................... 7
9. Definitions............................................................................................................................... 7
10. Construction and Maintenance ............................................................................................ 8
A. General Provisions ........................................................................................................... 8
B. Cable System Location .................................................................................................... 9
C. Communications ............................................................................................................ 11
11. Operations .......................................................................................................................... 12
A. Performance Standards .................................................................................................. 12
B. Performance Testing ...................................................................................................... 13
C. Emergency Alert System ............................................................................................... 13
D. Subscriber Antennae ...................................................................................................... 13
E. Video Recording Device/Cable Compatibility .............................................................. 13
12. Insurance ............................................................................................................................ 13
A. Company Insurance ....................................................................................................... 14
B. Insurance to be provided by Subcontractors .................................................................. 14
C. Indemnification of Municipality .................................................................................... 14
D. Indemnification of Company ......................................................................................... 15
E. Municipal Immunities .................................................................................................... 15
13. Performance Bond ............................................................................................................. 15
A. Performance Bond or Security Fund.............................................................................. 15
B. Conditions ...................................................................................................................... 16
C. Forfeiture........................................................................................................................ 16
D. Replenishment................................................................................................................ 16
E. Municipality Rights ....................................................................................................... 16
14. Records and Reports .......................................................................................................... 16
A. Availability of Records to Municipality ........................................................................ 17
B. Annual Report ................................................................................................................ 18
C. Charges for Audits or Tests ........................................................................................... 18
15. Franchise Fee ..................................................................................................................... 20
A. Amount .......................................................................................................................... 20
1. Payment ...................................................................................................................... 20
2. Late Payments............................................................................................................. 20
3. Acceptance of Payment .............................................................................................. 20
16. Public, Educational and Governmental Access (PEG) ...................................................... 21
A. Use of PEG Access Channels ........................................................................................ 21
B. Channels ......................................................................................................................... 21
C. PEG Facilities and Equipment Support ......................................................................... 21
D. Reimbursement for PEG Costs Associated with Relocation of Channel ...................... 21
17. Build-out ............................................................................................................................ 21
A. Area To Be Served ......................................................................................................... 23
18. I-Net/Municipal Facilities .................................................................................................. 24
19. Rates & Services ................................................................................................................ 24
A. Prices And Charges ........................................................................................................ 24
B. Basic Cable Service ....................................................................................................... 25
C. Programming.................................................................................................................. 25
20. Rights of Individuals .......................................................................................................... 25
A. Customer Service ........................................................................................................... 25
B. Protection Of Subscriber Privacy ................................................................................... 25
C. Employee Identification Cards ...................................................................................... 25
D. Monitoring ..................................................................................................................... 26
E. Privacy Written Notice .................................................................................................. 27
F. Subscriber's Right To Inspect And Verify Information ................................................. 27
21. Unauthorized Connections/Continuity Of Service ............................................................. 27
22. Subscriber Complaints ....................................................................................................... 27
A. Dispute Resolution ......................................................................................................... 27
B. Investigation of Complaints ........................................................................................... 28
C. Complaint Policy ........................................................................................................... 28
23. Penalties ............................................................................................................................. 28
A. Amounts ......................................................................................................................... 28
B. Date of Violation, Notice ............................................................................................... 29
C. Procedure for Liquidated Damages ............................................................................... 29
24. Transfers ............................................................................................................................ 29
A. Company’s Right to Transfer......................................................................................... 29
B. Municipality’s Right to Approve ................................................................................... 30
C. Notice to Municipality ................................................................................................... 30
D. Time to Review .............................................................................................................. 30
E. Public Hearing ............................................................................................................... 30
F. No Waiver or Release .................................................................................................... 30
25. Successors/Assigns ............................................................................................................ 30
26. Renewal.............................................................................................................................. 31
27. Revocation and Termination .............................................................................................. 31
A. Right to Revoke or Terminate ........................................................................................ 31
B. Procedures to Revoke or Terminate ............................................................................... 31
C. Public Hearing ............................................................................................................... 32
D. Judicial Review .............................................................................................................. 32
28. Abandonment ..................................................................................................................... 32
29. Expiration of Agreement.................................................................................................... 32
30. Changes in Law.................................................................................................................. 33
31. Amendments ...................................................................................................................... 33
32. Miscellaneous .................................................................................................................... 33
A. Force Majeure ................................................................................................................ 33
B. Severability .................................................................................................................... 33
C. Effect on Prior Agreements ........................................................................................... 33
D. Non-Enforcement Not Waiver ....................................................................................... 34
E. Company Warranties ..................................................................................................... 34
33. Signatures ........................................................................................................................... 34
Appendix A – United States Code of Federal Regulations (USC) ................................................ 35
Appendix B – FCC Regulations ................................................................................................... 45
§ 76.309 Customer service obligations. ...................................................................................... 45
§ 76.1602 Customer service—general information. ................................................................... 47
§ 76.1603 Customer service—rate and service changes. ............................................................ 48
§ 76.1619 Information on subscriber bills. ................................................................................. 49
Appendix C – Maine Statutes ....................................................................................................... 50
A. §3008. Ordinances relating to cable television systems ............................................. 50
Appendix D – United States Code ................................................................................................ 56
Appendix E - PEG ........................................................................................................................ 57
Appendix F - Definitions .............................................................................................................. 60
Typical PEG Access Equipment / Facilities ................................................................................. 65
I-Net Hotlink Standards ................................................................................................................ 67
Administrative Issues
1. Statement of Agreement
This Franchise Agreement (the “Agreement”) is made and entered as of ____________________
between the _______________________ (the “Municipality”) and
_________________________ a __________________________ organized and existing in
good standing under the laws of the state of Maine (the “Company”).
2. Title
This Franchise Agreement shall be known and cited as the “______________________
[Municipality] Cable Television Franchise”. Within this document it shall also be referred to as
“this Franchise” or “the Franchise”.
3. Parties
A. Municipality
1. Name _________________________________ [Municipality]
2. Contact: _________________________________
3. [Town Manager; Chair of Cable Committee; Chair of Selectmen, etc.]
4. Mailing Address: _________________________________
_________________________________
_________________________________
5. Telephone:_________________________________
B. Company
1. Name: _________________________________
2. D/B/A: _________________________________
3. Contact: _________________________________
4. Mailing Address: _________________________________
_________________________________
_________________________________
5. Telephone:_________________________________
C. Company Local Business Office
As required by 30-A MRSA §3010 (1)(B), and 47 CFR §76.309(c)(1)(v) Company shall
maintain a Conveniently Located business office that must be open during usual business hours
and have a listed toll-free telephone number capable of receiving complaints, requests for
adjustments and service calls.
1. Business Office Address: _______________________________
2. Toll-free Customer Service Number: ______________________
D. Addresses
Such addresses may be changed by either party upon 30-days prior written notice to the other
party.
4. Notices (Communications)
All notices required to be provided in this Agreement shall be provided in writing via e-mail,
overnight or certified mail to:
1. Company: to the company contact at the mailing address in Section 3;
2. Municipality: to the Municipal Contact at mailing address in Section 3.
5. Grant of Authority
Pursuant to the authority in 30-A M.R.S.A. §3008 and 3010, and subject to the terms and
conditions set forth herein, the [Municipality of _____________] as the Local Franchise
Authority, hereby grants a non-exclusive, revocable cable television franchise to
____________________________authorizing and permitting the Company to own, construct,
upgrade, install, operate and maintain a Cable Television System within the [Municipality of
_____________________].
A. Franchise Area
Company is hereby granted by Municipality, where it has the right to do so, the right and
privilege to own, construct, reconstruct, erect, operate and maintain, in the Municipality of
______________” (herein called the “Franchise area” or the “[Name of Municipality]”), in,
upon, along, across, above, over and under the Rights of Way now laid out or dedicated, and
all extensions thereof and additions thereto, poles, wires, cables, optical fibers, underground
conduits, manholes and other television and radio conductors and fixtures necessary for the
installation, maintenance and operation of a Cable System. In the event of annexation by the
City, any new territory shall become part of the area covered upon sixty (60) days advance
written notice by the Municipality to the Company.
B. Limited Grant
The license is intended to convey limited rights and interests only as to those Rights-of-Way
in which Municipality has an actual interest. It is not a warranty of title or interest in any
Right-of-Way; it does not provide Company any interest in any particular location within the
Right-of-Way; and it does not confer rights other than as expressly provided in the grant. The
license does not deprive Municipality of any powers, rights, or privileges it now has or may
later acquire in the future to use, perform work on, or to regulate the use of, and to control the
Right-of-Way in a non-discriminatory manner as to all users of the rights of way, including
without limitation the right to perform work on its roadways, Right-of-Way or appurtenant
drainage facilities, including but not limited to, constructing, altering, removing, paving,
widening, grading, or excavating.
C. Non-Exclusivity
Company’s rights and privileges are non-exclusive and Municipality expressly reserves the
right to grant other such franchise agreements in the Municipality.
D. Eminent Domain not Conferred
No privilege or power of eminent domain is bestowed to Company by Municipality by this
grant of this Franchise.
6. Term
This Franchise shall commence upon the effective date of this Agreement, ___________
[DATE] and shall expire ____ years thereafter on ___________ [DATE] unless renewed,
revoked or terminated sooner as herein provided.
7. Governing Law
This Franchise Agreement shall be governed by and be subject to federal law, all applicable FCC
rules and regulations and the laws and rules of the State of Maine. Company shall be subject to
the jurisdiction of the courts of the State of Maine in any suit arising out of this Franchise
Agreement except that this provision shall not limit Company’s right to initiate a proceeding or
to remove a proceeding to the United States District Court for the District of Maine.
8. Effect of Acceptance
By accepting the Franchise, Company and Municipality: (1) acknowledge and accepts each
party’s legal right to execute and enforce the Franchise; and (2) accept and agree to comply with
the provisions of this Agreement and generally-applicable, non-discriminatory municipal
ordinances; and (3) neither party will raise any procedural claims attempting to invalidate the
agreement.
9. Definitions
See Definitions Appendix “F”
10. Construction and Maintenance
A. General Provisions
1. Quality
In the construction, reconstruction, maintenance and repair of the Cable System,
Company shall ensure the Cable System meets the rules and regulations of the
Federal Communications Commission.
2. Compliance with Laws and Regulations
All work, including all working conditions and facilities, associated with the
construction, operation, maintenance, repair and removal of the Cable System
shall comply with:
a. All applicable Federal Laws, Rules and Regulations;
b. All applicable State Laws, Rules, Regulations and Codes, including building
and electrical codes; and,
c. All generally applicable ordinances, including zoning ordinances, of
Municipality.
Company shall obtain all generally applicable permits before commencing any
construction, reconstruction, repair, maintenance, or other work or property use in
the public rights of way. Permits for emergency work shall be obtained as soon as
possible, but in no event later than one business day after the work is begun. The
grant of permits by Municipality shall be timely and shall not be unreasonably
withheld.
3. Public Ways Hazards
Any openings or obstructions in Streets or other municipal or public property
made by Company shall be guarded and protected at all times by the placement of
adequate barriers, fences, boardings or other protective devices at the sole
expense of Company. During the periods of dusk and darkness, the protective
devices shall be clearly designated by warning lights.
4. Tree Trimming
Company shall have the authority to trim any trees upon and overhanging
Municipality’s Streets or Public Ways to the minimum extent necessary to
prevent the branches of such trees from coming in contact with the wires and
cables of Company; provided that, except for incidental trimming done by
Company employees in the course of performing their other duties, any tree
trimming within the rights of way of Municipality’s Streets and Public Ways done
by Company shall take place only after providing 48-hour notice to the [municipal
official] of the Municipality.
In performing tree trimming, Company shall use its best efforts to avoid any unnecessary
damage or injury to trees, and shall comply in all respects with any Town ordinances governing
tree trimming.
5. Restoration of Damage
Company, at its sole expense, shall restore all damage to property, both public and
private, caused by the construction, operation, maintenance or repair of the Cable
System, so as to return the damaged property to a condition as good as reasonably
possible before the damage was done. Such restoration shall be made as soon as
practicable after completion of work necessitating the restoration. Absent force
majeure, such restoration shall be made insofar as reasonably possible within
fifteen business days, weather permitting, after Company’s receipt of notification
from the owner of the property so damaged unless otherwise mutually agreed by
Company and the property owner; provided, that if any such damage involves
curbs, sidewalks or driveways, the damage shall be repaired to the satisfaction of
Municipality (curbs and sidewalks) or the owner or tenant in possession of the
property (driveways) within ten business days. Company shall provide
Municipality with immediate notice for any damage Company causes to: Streets,
water-mains, storm or sanitary sewers, or other public facilities. If Company
does not make the repairs to such public facilities, Company shall be financially
liable for the reasonable cost of any repairs. If Company fails to make such
restoration on a timely basis, Municipality may fix a reasonable time for such
restoration and repairs and shall notify Company in writing of the restoration and
repairs required and time fixed for performance hereof. Upon failure of Company
to comply within the specified time period, Municipality may cause proper
restoration and repairs to be made and the reasonable expense of such work shall
be paid by Company upon demand by Municipality.
6. Contractors, Subcontractors and Agents
All contractors, subcontractors and agents of Company must be properly licensed
under all applicable federal, state and local laws and regulations.
B. Cable System Location
1. Map of Physical Facilities
With reasonable advanced notice to Company, Municipality shall have the right to
inspect street maps which identify the location of all trunk and feeder runs
including underground. Said maps will be maintained by Company and available
upon request.
2. Location of System
Wherever available to Company on reasonable terms and conditions, the
distribution system shall use the existing facilities of the public utilities. Poles
shall not be installed for the sole purpose of supporting a portion of the
distribution system without written justification and approval of Municipality,
which approval shall not be unreasonably withheld, pursuant to Municipality’s
generally applicable law, ordinances, rules and regulations.
a. Where the cable or wire facilities of the public utilities are installed
underground, Company shall install its cable distribution system underground.
Vaults and pedestals shall be suitably landscaped.
b. In all areas where public utility lines are aerially placed, if subsequently
during the term of this Franchise Agreement such utility lines are relocated
underground, Company shall similarly relocate its cable distribution system
underground at its sole expense. If other owners of utility lines or other users
are entitled to reimbursement for such relocation costs and the source of
funding for said reimbursement allows it, Company shall have its relocation
costs reimbursed as well.
3. No Interference with Rights of Way
Except during temporary construction, installation, or maintenance activities, all
lines, cables and distribution structure, and equipment, including poles and
towers, erected, installed or maintained by Company within the Municipality shall
be located so as not to obstruct or interfere with the proper use of Streets and
Public Ways and to cause minimum interference with the rights of property
owners who abut any of the said Streets and Public Ways, and not to interfere
with existing public utility installations. Company shall not place new poles,
towers or other obstructions in Streets or Public Ways, or relocate existing poles,
towers or other obstructions, without first obtaining Municipality’s approval,
which approval shall not be unreasonably withheld. Company shall have no
vested right in any location, and such construction shall be removed by Company
at its own cost and expense whenever the same restricts or obstructs or interferes
with the operation or location or any future operation or location of said Streets or
Public Ways by the Municipality for a municipal purpose.
Company shall at all times comply with applicable state laws including but not
limited to 35-A MRSA Chapter 25 (e.g., pole location permits) and 23 MRSA
§2351(excavation permits).
4. Construction By Municipality
If at any time during the term of this Franchise Agreement Municipality shall
elect to alter, or change the grade or location of any Street, or shall engage in any
construction, reconstruction, widening, repairs or other public works in, on or
under the Streets, Company shall, upon reasonable notice by Municipality,
remove and relocate its poles, wires, cables, conduits, manholes and other fixtures
(“fixtures”) at its own expense, and in each instance comply with the
Municipality’s generally applicable, non-discriminatory standards and
specifications. If other owners of utility lines or other users are entitled to
reimbursement of costs for relocations required by this section and the source of
funding for said reimbursement allows it, Company shall have its relocation costs
reimbursed as well.
5. No Interference with Other Fixtures
Company shall not place fixtures above or below ground where the same will
unreasonably interfere with any existing or fully permitted gas, electricity,
telephone fixtures, water hydrants, or other utility use, and all such fixtures placed
in or upon any Street shall be so placed as to comply with all generally applicable
requirements of Municipality or other state authority.
6. Temporary Relocations
Company shall, on request of any Person holding a permit issued by Municipality
or other appropriate authority, temporarily move its fixtures to permit the moving
or erection of buildings or other objects, with the expense of any such temporary
removal to be paid in advance by the Person requesting same, and Company shall
be given reasonable notice to arrange for such temporary relocation. Company
shall bear any expense to temporarily move its fixtures to permit the moving or
erection of publicly owned or constructed buildings or other objects.
C. Communications
1. Company Notice
Except in an emergency, and except for interruptions of four hours or less,
Company shall give Subscribers at least 24 hours’ notice, if practical, of any
interruption of service for purposes of maintenance or repair. In an emergency,
Company shall give such notice as is reasonable in the circumstances. Notice
given on the alphanumeric channels on Basic Cable Service shall be considered
sufficient. During the rebuild of the Cable System, Company shall not be
required to provide 24 hour notice of any interruption of service if such
interruption is the direct result of rebuild work. However, Company shall be
required to provide written notification to Subscribers and Municipality of
planned rebuild work schedules and when Subscribers may experience service
interruptions in excess of four hours. Company shall use its best efforts to
minimize the length of any service outage due to the rebuild. Company shall
promptly notify Municipality in writing of any significant interruption in the
operation of the Cable System. For this purpose, a “significant interruption” shall
mean any interruption of more than four hours to more than ten Subscribers.
2. Subscriber Requesting Maintenance
Subscribers may request maintenance at the Business Office of Company or by
calling the toll-free telephone number each of which is required by 30-A MRSA
§3010(1)(B).
3. Company Responses
Company responses to such requests shall be governed by the applicable
standards of the Federal Communications Commission and state law.
See FCC Rules 47 CFR 76.309, 76.1602, 76.1603, and 76.1619 for some of the primary
“Customer Service Standards” of the FCC (APPENDIX B) and 30-A MRSA §3008 and §3010
(APPENDIX C)
4. Subscriber-Owned Equipment Excluded
The requirements for maintenance and repair shall not apply to Subscriber
television or radio receivers or other Subscriber-owned equipment.
11. Operations
A. Performance Standards
1. System Design
a. Within 30 days of the signing of this Franchise Agreement, Company shall
provide Municipality with a description of the current system design
and operational standards. Such description shall include at a minimum, Cable
materials, (i.e. coaxial cable or fiber), the bandwidth capacity of the system in
MHz, the channel capacity of the system, bi-directional capability, overall
measured system reliability and performance in respect to FCC requirements
and any other relevant standards that the Company may wish to describe. This
requirement does not preclude the Company from providing this information
to the Municipality in advance of the signing of this Franchise.
b. Upgrade Technical Standards (if any): If the Company elects to upgrade its
system in the Franchise Area, the Company shall notify the Municipality.
2. Operations
The Cable System shall be constructed, operated and maintained to comply with
all applicable standards of the Federal Communications Commission.
See FCC Rules 47 CFR Part 76, subpart K (76.601-640) for some of the FCC’s technical
standards. (APPENDIX A)
B. Performance Testing
Municipality is entitled to review copies of FCC Proof of Performance upon request.
C. Emergency Alert System
Company shall comply in full with the requirements for an Emergency Alert System
(EAS) as provided in FCC regulations, 47 CFR Part 11, and with any applicable State
emergency notification requirements not preempted by Federal law.
D. Subscriber Antennae
Notwithstanding a required disconnection of Subscribers’ existing antennae and down
leads to receivers connected to the Cable System, Company shall not remove or suggest
to the Subscriber the removal of such antennae and down leads. Company shall furnish to
each Subscriber so requesting, at the Subscriber’s expense, a switch permitting the
Subscriber to change from cable reception to home antenna reception, and back, at the
option of the Subscriber. Installation of such switches at the time of initial installation of
service to a Subscriber shall be without charge other than for such purchase cost.
E. Video Recording Device/Cable Compatibility
Company shall comply with applicable Federal Communication Commission standards
for compatibility with consumer electronics equipment.
See FCC Rules, 47 CFR 76.630. (APPENDIX A)
12. Insurance
This section contains provisions on the insurance that must be carried by the Company,
particularly as it performs its work in the public rights of way. Please review it carefully to see if
it comports with your municipality’s standard insurance requirements.
A. Company Insurance
1. Company shall maintain insurance throughout the term of this Franchise and any
removal period, with an insurance agency authorized to conduct business in the State
of Maine, protecting as required in this Franchise, Company and listing the
Municipality as an additional insured, against any and all claims for injury or damage
to persons or property, both real and personal, caused by the construction, installation,
operation, maintenance or removal of its Cable System.
a. The amount of such insurance for liability for damage to property shall be no
less than One Million Dollars ($1,000,000.00) as to any one occurrence. The
amount of such insurance for liability for injury or death to any person shall
be no less than One Million Dollars ($1,000,000.00) as to any one occurrence.
The amount of such insurance for excess liability shall be Five Million Dollars
($5,000,000.00) in umbrella form. Policy will contain a provision that the
Municipality will be provided thirty (30) days written notice prior to any
cancellation, material modification or non-renewal.
2. Company shall carry insurance against all claims arising out of the operation of motor
vehicles and general tort or contract liability in the amount of One Million Dollars
($1,000,000.00). Policy will contain a provision that the Municipality will be
provided thirty (30) days written notice prior to any cancellation, material
modification or non-renewal.
3. All insurance coverage, including Workers’ Compensation shall be maintained
throughout the period of this Franchise. All expenses incurred for said insurance
shall be at the sole expense of the Company. Policy will contain a provision that the
Municipality will be provided thirty (30) days written notice prior to any cancellation,
material modification or non-renewal.
4. Company shall provide Municipality with certificates of insurance upon execution of
this Agreement or as otherwise provided by its insurance company.
B. Insurance to be provided by Subcontractors
All contractors and subcontractors shall provide adequate insurance coverage.
C. Indemnification of Municipality
Company hereby indemnifies and holds Municipality, its councilors, officers, agents,
employees, members of boards and committees, with respect to the construction,
installation, operation and maintenance of the Cable System, harmless from and against
all expenses, losses and claims, demands, payments, suits, actions, recoveries, and
judgments of any nature and description, other than as a result of the negligence of
Municipality, including reasonable attorney's fees, resulting from claims, any act or
omission of Company, its agents or employees, in the construction, operation,
maintenance, repair or service of its Cable System, or by reason of any suit or claim for
royalties, license fees, or infringement of copyright or patent rights arising from
Company’s performance under this Franchise Agreement. In the event of the
commencement of any action against Municipality, or its councilors, officers, agents,
employees, or members of boards and committees which is within the scope of this
indemnification, Municipality will give notice thereof to Company within fifteen
business days after Municipality is formally served in any such action, and, after
consultation with Municipality, Company will have the right to select and furnish counsel
for the defense of any such action, at no cost or expense to Municipality. Municipality’s
failure to give timely notice to Company of the commencement of any such action shall
not relieve Company of its obligations under this section unless such failure to give
timely notice causes actual prejudice to Company's ability to defend any such claim.
Except for settlements involving only the payment of money, no settlement which creates
an obligation for the Municipality, of any such action, or any claim therein, shall be made
by Company or by counsel selected by Company without the approval of Municipality,
which approval shall not be unreasonably withheld.
The extent of the indemnification agreement will not be limited by the requirements for
liability insurance in this Agreement.
D. Indemnification of Company
Municipality will indemnify Company for any and all claims arising out of programming
of PEG channels, except where Company provided the programming.
E. Municipal Immunities
The provisions of this section, including the indemnity provisions in sub-section C and D
and the procurement by Company of insurance policies meeting the requirements of this
section 12, shall not be interpreted or construed to effect any waiver, suspension, release
or alteration of or to any and all immunity or other immunities or damage limits as may
be available to the Municipality by law.
13. Performance Bond
A. Performance Bond or Security Fund
Company shall obtain and maintain during any construction project in an amount
exceeding $( ) during any project for which excavation of a Right-of-Way
occurs, or during the rebuild of the Cable System, at its sole cost and expense, and file
with Municipality, an irrevocable performance bond, running to the Municipality, with a
surety authorized to do business as a surety in the State of Maine, to guarantee the
faithful performance by Company of all of its construction or rebuild obligations under
this Franchise Agreement. Such performance bond shall be in the amount of at least
$( ).
B. Conditions
The performance bond shall provide, but not be limited to, the following conditions.
There shall be recoverable by Municipality, jointly and severally from the principal and
surety, subject to the provisions in Section 23(C) within 30 days after written request by
Municipality, any and all penalties due to Municipality’s and any and all damages, losses,
costs and expenses suffered or incurred by Municipality resulting from the failure of
Company to comply with the construction or rebuild provisions of this Franchise
Agreement. Such losses, costs and expenses shall include, but not be limited to,
reasonable attorney’s fees and other legal, consulting and auditing expenses. Not less
than thirty days’ prior notice to Municipality shall be provided of Company’s or the
surety’s intention to cancel, materially change, or not to renew the performance bond.
C. Forfeiture
Subject to the provisions in Section 23C, the total amount of the bond or security fund
shall be forfeited in favor of the Municipality in the event Company fails to complete its
construction or rebuild obligations.
D. Replenishment
In the event that any portion of the performance bond or security fund is forfeited or
withdrawn for any reason, Company shall be required to post an additional bond or
replenish the security fund in an amount equal to the forfeiture within 30 days of the date
of the forfeiture or withdrawal. Failure to post an additional bond or replenish the
security fund on a timely basis shall constitute a violation of a material provision of this
Franchise Agreement within the meaning of Section 23 hereof.
E. Municipality Rights
The rights reserved to Municipality with respect to the Performance Bond are in addition
to all other rights of Municipality, whether reserved by this Franchise Agreement or
authorized by law, and no action, proceeding or exercise of a right with respect to such
sections shall affect any other rights Municipality may have.
14. Records and Reports
A. Availability of Records to Municipality
Upon reasonable written notice to the Company, the Municipality shall have the right to
inspect Company’s books and records during Normal Business Hours and on a non-
disruptive basis, as are reasonably necessary to ensure compliance with the material
terms of this Franchise, including any federal, state, laws or regulations or generally
applicable ordinances referenced herein. Records should be produced within 5 business
days of receipt of written request, unless for good cause Company responds that a longer
amount of time will be needed. Such written notice from Municipality shall specifically
reference the section or subsection of the Franchise which is under review, so that
Company may organize the necessary books and records for appropriate access by the
Municipality. Company shall not be required to maintain any books and records for
Franchise compliance purposes longer than three (3) years. Notwithstanding anything to
the contrary set forth herein, Company shall not be required to disclose information that it
reasonably deems to be proprietary or confidential in nature, nor disclose any of its
books and records not relating to the provision of Cable Service in the Franchise Area.
The Municipality shall treat any information disclosed by Company as confidential and
shall only disclose it to employees, or Municipality’s agents bound by a confidentiality
and non-disclosure agreement reasonably acceptable to Company, or as may be necessary
to enforce the provisions hereof. Company shall not be required to provide Subscriber
information in violation of Section 631 of the Communications Act, and 47 USC §551.
Company shall at all times after the effective date maintain:
Records of all written complaints for a period of two (2) years after receipt by Company
(The term “complaint” as used herein refers to complaints about any aspect of the
Company’s service operations, Complaints recorded will not be limited to complaints
requiring an employee service call.);
Records of area outages for a period of two (2) years after occurrence, indicating date,
duration, and the number of Subscribers affected, type of area outage, and cause;
Records of service calls for repair and maintenance for a period of two (2) years after
resolution by Company, indicating the date and time service was required, the date of
acknowledgment and date and time service was scheduled (if it was scheduled), and the
date and time service was provided, and (if different) the date and time the problem was
resolved;
Records of installation/reconnection and requests for service extension for a period of
two (2) years after the request was fulfilled by Company, indicating the date of request,
date of acknowledgment, and the date and time service was extended; and
a map showing the area of coverage for the provisioning of Cable Services.
Municipality reserves its right to copy books and records as allowed under FCC
regulation.
For a list of some required documents, see the index to 47 CFR Part 76, Subpart U (76.1700-
1717) and the index to 47 CFR Part 76, Subpart V (1800-1805) (APPENDIX A) and state law
(APPENDIX C)
B. Annual Report
Upon written request from Municipality, Company shall provide to Municipality a summary
of the Company’s activities in the Municipality for the previous calendar year including a
summary of:
1. Total number of cable subscribers;
2. Total miles of new cable plant installed;
3. Total number of service calls indicating number of dispatches and number repaired;
4. Listing of all charges and fees for cable or cable-related services;
5. All area outages, including date and duration;
6. The total revenues upon which a franchise fee (if any) is paid (broken down by major
category);
7. The total franchise fee for the year;
8. Equipment or equivalent funding provided to the PEG channels(s) (if any);
9. Other information Company chooses to include.
C. Charges for Audits or Tests
If an inspection or audit of Company’s records shows that Company underpaid the
franchise fee by four percent or more for any payment period, Company shall reimburse
Municipality for all reasonable costs including expert fees arising from the inspection or
audit, and any additional inspection or audit until it is determined Company is in full
compliance. In addition, except as federal law prevents the Municipality from enforcing
any standards, if it is determined that Company has not materially complied with FCC
standards, Municipality shall have the right to charge all costs arising from these tests,
including expert fees, to Company until it is determined that Company is in full
compliance. Notwithstanding the foregoing, the obligation to pay the Municipality’s costs
for tests of the performance of the Cable System shall only arise if the Municipality’s test
is (1) a test of an area where Company has represented that it has corrected a problem,
and the problem was not in fact corrected; (2) a second test of an area by the
Municipality, where Company had been notified of the problem and been given an
opportunity to cure it; or (3) where Company challenged the validity of a Municipality
test, and the Municipality agrees to retest, and the re-test confirms the validity of the
initial Municipality test. These charges are incidental to the enforcement of the Franchise;
they do not limit any right Municipality may have to exercise any other remedy.
Municipal Benefits
15. Franchise Fee
Federal law allows a Municipality serving as the local franchising authority the discretion to
impose a Franchise Fee. This fee may range from 0-5% of the Company’s Gross Annual
Revenues related to cable television services. Whether such a fee is imposed and the actual
percentage chosen varies between municipalities. Federal law allows such fees to be passed
along to Company’s customers. The FCC has stated that some additional charges imposed by a
Municipality may be offset by a Company against the Franchise Fee otherwise due. This area is
still somewhat unsettled as of the execution date of this model agreement and a Municipality
may wish to seek counsel in determining whether any additional fees it imposes may be subject
to offsetting.
A. Amount
Company shall provide a Franchise Fee to the Municipality or its designee, equal to (___)
percent (___%) of its Gross Annual Revenues. Said (___) percent (__%). Franchise Fee
shall be made to the Municipality, on a [quarterly] basis, no later than sixty (60) days
after the end of the calendar quarter for which payment is made. The payment for the last
quarter of the last year of the term of this Franchise shall be due and payable ninety (90)
days after the end of that quarter.
1. Payment
The quarterly payment shall include a statement showing the basis for the
payment, including a breakdown by category (e.g., basic service, home shopping
channels, advertising) and source of Gross Annual Revenues for the quarter.
2. Late Payments
In the event that the fees herein required are not tendered on or before the dates
fixed in Section 15A above, interest due on such fee shall accrue from the date
due at one and one-half percent (1.5 %) per month.
3. Acceptance of Payment
Acceptance of payment by Municipality shall not be construed as accord that
amount paid is the correct amount. Municipality reserves its rights to inspect
relevant books and seek any underpayments due. If municipality has not begun
process to challenge or audit payment of franchise fee within 24 months of receipt
of final annual payment, and breakdowns provided pursuant to subsection B are
certified, payment is deemed accurate. If the breakdowns provided pursuant to
subsection B are not certified, the time frame hereunder is 48 months.
16. Public, Educational and Governmental Access (PEG)
The number of PEG channels and level of facility support varies with the needs of the
community. Accordingly, this model agreement includes blanks that need to be filled-in during
the course of executing this model franchise. However, there are standard operating procedures
and conditions that should not need to vary from community to community and the PEG
Appendix (APPENDIX E) includes those standard conditions and procedures.
A. Use of PEG Access Channels
Channel capacity for public, educational and governmental (“PEG”) access shall be
provided in accordance with federal law, 47 USC §531 and §546, and as further set forth
below.
B. Channels
Company shall designate capacity of up to (___) channel(s) for public, educational and
governmental access programming.
C. PEG Facilities and Equipment Support
Pursuant to State and Federal law and as negotiated, Company shall provide to
Municipality, adequate Public, Educational or Governmental access facilities and
equipment or equivalent financial support to meet the needs of the community and
Municipality. For a list of property that is typically associated with a PEG facility please
see a list here.
D. Reimbursement for PEG Costs Associated with Relocation of
Channel
If a PEG channel is relocated by Company, Company shall reimburse the PEG provider
for costs associated with changing logos, letterhead, business cards etc. to reflect a new
channel number not to exceed $___________. Municipality and Company may also
negotiate the promotion of this change. Company will provide Municipality with at least
30 days notice of any relocation of any PEG channel.
17. Build-out
State law requires Franchise Agreements to include a line extension (build-out) policy. Federal
law requires that Companies be given a reasonable period of time to extend their facilities to
unserved areas. Given the different geography, population density and other needs of Maine’s
municipalities, each Franchise may have a different build-out policy. This section includes
blanks that need to be filled-out during the course of executing this franchise.
A. Area To Be Served
1. Company shall make Cable Service available to every residential dwelling unit
within the Municipality where the minimum density is at least ______ dwelling units
per aerial mile and _______ dwelling units per underground mile providing however,
that any plant extension is measured from the existing Trunk and Distribution System
and Company is able to obtain from property owners any necessary easements and/or
permits on terms and conditions acceptable to Company. Subject to the density
requirement, Company shall offer Cable Service at standard installation rates to all
new homes or previously unserved homes located within 125 aerial feet of
Company’s Distribution Cable. For non-Standard Installations (those exceeding 125
aerial feet or underground) Company shall, upon receipt of payment and pending any
identified construction or other issues (e.g., make ready, weather) offer said service
within thirty (30) days of a Subscriber requesting such for aerial installations and
sixty (60) days of a Subscriber requesting such for underground installations.
2. Regardless of the density requirements outlined above, Company shall provide a
cost-sharing arrangement as follows. On the request of a resident desiring service,
Company shall prepare an engineering survey and cost analysis to determine the cost
of plant extension required to provide service to the subscriber. If a request for
extension of service into a residential area requires the construction of cable plant that
does not pass at least _____________ homes per mile, Company and those residents
requesting cable services will each bear their proportionate share of construction
costs. For example, if there are ten single family homes per mile who agree to
subscribe to cable service, Company shall share ________________ of the
construction cost and the remaining cost will be shared equally among the residents
requesting cable services. Company may require advance payment of the customer
pro-rata cost prior to commencing construction.
3. Installation costs shall conform with the Cable Act. Any dwelling unit within an
aerial 125 feet of the Trunk and Distribution Cable shall be entitled to a Standard
Installation rate in accordance with applicable federal and state laws. Underground
installations are considered non-standard installations. All non-standard installations
shall be provided at a rate established by the Company in accordance with applicable
federal and state laws.
4. Provided Company has at least ninety (90) days’ prior written notice concerning
the opening of residential subdivision trenching, or of the installation of conduit for
the location of utilities, and the density requirements outlined above are met, it shall
install its cable in such trenching or conduits or may seek permission to utilize
alternative trenching or conduits within a comparable time frame. The Municipality,
or its designee, shall exercise reasonable efforts to have the Planning Board and
developers give timely written notice of trenching and underground construction to
Company. Developer shall be responsible for the digging and back-filling of all
trenches.
18. I-Net/Municipal Facilities
Federal law authorizes municipalities to negotiate for capacity on an institutional network (I-Net)
for municipal use, and authorizes a municipality to enforce any requirement for an institutional
network contained in a franchise. An I-net provides a high-speed connection between
government, educational and community entities. This connection can be used for accessing the
Internet, phone service, connecting SCADA systems, distributing any digital processes
throughout the municipality (payroll, PO processing, auto registrations, records retention, etc),
providing two-way video, and point-of-origin TV production. The I-net can be established at
locations throughout the community where connectivity could increase city services for the
municipality or where its constituents can benefit from these services. More often it is used to
provide a secure, locally controlled data network for municipal departments such as police, fire,
planning, engineering, public works etc.
The needs of each municipality with respect to I-Net capacity are different and are
appropriately the subject of negotiation. See here for possible I-Net standards and specifications.
The cost of construction, operation and ongoing maintenance of the I-Net may be paid
either by the Municipality or by a franchise-related cost added to each subscriber’s monthly bill
in accordance with applicable law.
Upon request, Company and Municipality will meet to discuss the Municipal institutional
networking needs.
Consumer Issues
19. Rates & Services
A. Prices And Charges
1. All rates, fees, charges, deposits and associated terms and conditions to be
imposed by Company for any Cable Service as of the Effective Date shall be in
accordance with all applicable FCC’s rate regulations. Before any new or modified
rate, fee, or charge is imposed, Company shall follow the applicable FCC and State
notice requirements and rules and notify affected Subscribers, which notice may be
by any means permitted under applicable law. Nothing in this Franchise shall be
construed to prohibit the reduction or waiver of charges in conjunction with
promotional campaigns for the purpose of attracting or retaining Subscribers.
Complete information concerning billing and collection procedures, including dispute
resolution, procedures for ordering changes in, or termination of services, and
company’s discontinuation policies and procedures shall be provided to each
subscriber at least annually.
2. The Municipality acknowledges that certain costs of Public, Educational and
Governmental (“PEG”) Access and other Renewal Franchise requirements, may be
passed through to Subscribers in accordance with federal law.
B. Basic Cable Service
Company shall make available a Basic Cable Service tier to all subscribers in accordance
with 47 USC §534 and applicable regulations, including 76.1618 of the FCC Rules and
Regulations, and shall provide notice of the basic tier pursuant to 30-A MRSA §3010.
C. Programming
Pursuant to federal law, all Video Programming decisions, excluding PEG Access
Programming, are at the sole discretion of Company, except that pursuant to 47 USC
§544(b)(2) (B) and (h) and 47 CFR §76.1603. Municipality may require “broad
categories” of programming.
20. Rights of Individuals
A. Customer Service
Company shall comply with all customer service federal laws, regulations of the FCC and
state laws as they may be amended from time to time.
For some of the primary consumer protections statutes please see: 47 USC §552; 47 CFR 76.942,
76.309, 76.1619; 30-A MRSA §3010, and, 5 MRSA §205-A et. seq.
B. Protection Of Subscriber Privacy
Company comply with all applicable federal and state privacy laws and regulations,
including 47 USC §551 and regulations adopted pursuant thereto and 30-A MRSA
§3010.
C. Employee Identification Cards
All of Company’s employees, and subcontractors, including repair and sales personnel,
entering private property shall be required to display an identification card issued or
approved by Company indicating that employee or subcontractor is working on behalf of
Company.
D. Monitoring
Company may only monitor customer accounts consistent with applicable federal and
state law.
E. Privacy Written Notice
At the time of entering into an agreement to provide any Cable Service or other service to a
Subscriber, and annually thereafter to all Cable System Subscribers, the Company shall
provide Subscribers with written notice, as required by Section 631(a)(1) of the Cable Act,
(47 USC §551) which, at a minimum, clearly and conspicuously explains the Company’s
practices regarding the collection, retention, uses, and dissemination of personal subscriber
information, and describing the Company’s policy for the protection of subscriber privacy.
F. Subscriber's Right To Inspect And Verify Information
1. The Company shall make available for inspection by a Subscriber at a reasonable
time and place all personal subscriber information that the Company maintains
regarding said Subscriber.
2. A Subscriber may obtain from the Company a copy of any or all of the personal
subscriber information regarding him or her maintained by the Company. The
Company may require a fee for making said copy.
3. A Subscriber may challenge the accuracy, completeness, retention, use or
dissemination of any item of personal subscriber information. Such challenges and
related inquiries about the handling of subscriber information shall be directed to the
Company. The Company shall change any such information upon a reasonable
showing by any Subscriber that such information is inaccurate.
21. Unauthorized Connections/Continuity Of Service
It shall be the right of all Subscribers to receive Cable Service insofar as their financial and other
obligations to the Company are honored, provided that the Company shall have no obligation to
provide Cable Service to any Person who, or which the Company has a reasonable basis to believe,
is using an unauthorized Converter or is otherwise obtaining Cable Service without required
payment thereof or who threatens Company’s employees or damages Company’s equipment. The
Company shall ensure that all Subscribers receive continuous, uninterrupted Service, except for
necessary Service interruptions. When necessary, non-routine Service interruptions in excess of four
hours can be anticipated, the Company shall notify Subscribers of such interruption(s) in advance.
22. Subscriber Complaints
A. Dispute Resolution
The Company shall establish a procedure for resolution of Complaints by Subscribers. Said
procedure shall at a minimum include the provisions of 30-A MRSA §3010.
B. Investigation of Complaints
Upon reasonable notice, the Company shall expeditiously investigate and resolve all
Complaints regarding the quality of Service, equipment malfunctions and similar matters. In
the event that a Subscriber is aggrieved, the Municipality or its designee(s) shall be
responsible for receiving and acting upon such Subscriber Complaints and/or inquiries, as
follows:
1. Upon the written request of the Municipality or its designee(s), the Company shall,
within ten (10) business days after receiving such request, send a written report to
the Municipality with respect to any Complaint. Such report shall provide a full
explanation of the investigation, finding and corrective steps, if any, taken by the
Company.
2. Should a Subscriber have an unresolved Complaint regarding cable television
operations, the Subscriber shall be entitled to file his or her Complaint with the
Municipality or its designee(s), who shall have primary responsibility for the
continuing administration of this Renewal License and the implementation of
Complaint procedures. The Subscriber shall thereafter meet jointly with the
Municipality or its designee(s) and a representative of the Company, within thirty
(30) days of the Subscriber's filing of his or her Complaint, in order to fully discuss
and resolve such matter in accordance with applicable laws.
C. Complaint Policy
Company shall provide Municipality a copy of Company’s complaint policy annually and
no later than 30-days after any revisions. If Company maintains a publicly available
website, Company’s complaint policy shall be posted on its website.
23. Penalties
A. Amounts
Because Company’s failure to comply with provisions of this Agreement will result in
injury to Municipality, and because it will be difficult to estimate the extent of such
injury, Municipality and Company agree to the following liquidated damages for the
following violations. These damages represent both parties' best estimate of the damages
resulting from the specified injury.
For failure to comply with the material provisions of this agreement: _____/day.
B. Date of Violation, Notice
The date of violation will be the date the Company receives written notice of the
violation.
C. Procedure for Liquidated Damages
Before the Municipality may assess any liquidated damages under this Franchise
Agreement:
1. The Municipality shall notify the Company, in writing, of the alleged failure or
violation, which notice shall specify the alleged failure or violation with
reasonable particularity.
2. The Company shall, within thirty (30) days after receipt of the notice or such
longer period as the Municipality may specify in such notice, either cure the
alleged failure or violation or, in a written response to the [key municipal
official], either present facts and arguments in refutation or excuse of such alleged
failure or violation or state that the alleged failure or violation will be cured and
set forth the method and time schedule for accomplishing such cure.
3. Unless the [key municipal official] determines that the matter has been resolved,
the Company’s response shall be submitted to the Elected Officials, to schedule a
public hearing at which the Elected Officials shall determine (i) whether a failure
or violation has occurred; (ii) whether such failure or violation is excusable; and
(iii) whether such failure or violation has been or will be cured by the
Municipality; and (iv) the appropriate remedy for the failure or violation.
4. The Municipality shall provide thirty (30) days’ written notice of the public
hearing to the Company. During the public hearing, Company shall have the right
to appear and be heard, including the opportunity to present evidence, question
witnesses, if any, and the hearing shall follow the procedures set forth for public
hearings. If the Elected Officials determine that such failure has not occurred, or
that such failure either has been or will be cured in a manner and in accordance
with a reasonable schedule satisfactory to the Elected Officials or that the failure
is excusable, such determination shall conclude the matter, unless Company fails
to comply with the schedule for cure.
24. Transfers
A. Company’s Right to Transfer
The Franchise may be sold, assigned or otherwise transferred, (a “Franchise Transfer”) in
accordance with the procedure set forth in federal law and this Franchise.
B. Municipality’s Right to Approve
Pursuant to 47 USC §537, the Municipality, as Local Franchise Authority, reserves its
right to approve any sale or transfer of the Cable System. Municipal approval shall not
be unreasonably withheld.
A transfer or assignment of a Franchise or control thereof between commonly controlled
entities, between affiliated companies, or between parent and subsidiary corporations,
shall not constitute a transfer or assignment of a Franchise or control thereof. An
“affiliated company” is any person or entity that directly or indirectly or through one or
more intermediaries controls, is controlled by, or is under common control with another
person or entity.
C. Notice to Municipality
Company shall provide to Municipality Notice of the proposed transfer. The contents of
the Notice shall include:
1. FCC Form 394, or successor form, and all identified attachments; and
2. Certification by transferee that it will accept the provisions of this Franchise
Agreement for the remainder of the Franchise Term.
D. Time to Review
Municipality will have 120 days from receipt of the Notice to take action on the request
for transfer. Municipality need not, but may, act to approve the transfer.
E. Public Hearing
Municipality may conduct a public hearing on the proposed transfer no later than
90 days after the receipt of the notice of transfer.
F. No Waiver or Release
The consent or approval of the Municipality to any Transfer of the Cable System
or this Franchise Agreement granted to the Company shall not constitute a waiver
or release of the rights of the Municipality in and shall, by its terms be expressly
subordinate to the terms and conditions of this Franchise Agreement.
25. Successors/Assigns
The obligations of this Franchise apply to any and all successors and assigns of the Company,
unless Municipality expressly and in writing agrees to release the successors and assigns from
this Franchise or any portion thereof.
26. Renewal
This Franchise may be renewed by the parties in accordance with state and federal law. In order
for the Municipality to refuse to renew, the provisions of 47 USC §546 must be met.
27. Revocation and Termination
A. Right to Revoke or Terminate
In addition to all other rights and powers of Municipality by virtue of this Franchise
Agreement and after notice and opportunity to cure pursuant to section 27B, Municipality
may revoke this Franchise Agreement and all rights and privileges of Company
hereunder in the event Company either:
1. Violates any material provision of this Franchise Agreement or any rule, order or
determination of Municipality made pursuant thereto where such violation
remains uncured for a period of thirty days following written notice to Company
by Municipality that such violation is deemed to exist unless cure is not feasible
in such time period in which event the parties shall meet and agree to a cure
schedule;
2. Attempts to evade any material provision of this Franchise Agreement or
practices any fraud or deceit upon Municipality;
3. Arbitrarily ceases to provide service over the Cable System or fails to restore
service after ninety-six (96) consecutive hours of interrupted service except in
cases of force majeure or when approval of such interruption is obtained from the
Municipality.
B. Procedures to Revoke or Terminate
The Municipality shall follow the following procedures in revoking a franchise:
1. Municipality shall provide to Company Municipality’s notice of intention to
revoke this Franchise. The written notice shall be sent by certified or overnight
mail and shall describe in reasonable detail the specific violations alleged to have
occurred;
2. Company shall have 90 days from receipt of notice to either correct the alleged
violation, or, dispute the Municipality’s allegations. In the event that by nature of
the alleged violation, such violation cannot be cured within such ninety (90) day
period, the parties shall meet and agree to a cure schedule;
3. If Company disputes the Municipality’s allegations, the Municipality shall review
the dispute and make its determination as to whether a violation has occurred;
4. If Municipality continues to maintain that a violation did occur, Municipality shall
notify Company in writing. Company shall then either remedy the violation
within 90-days or notify the Municipality in writing that Company continues to
dispute the allegations;
5. Upon Company’s failure to remedy the violation within the time period
prescribed or upon receipt of Company’s written position pursuant to subsection
4, Municipality may revoke this Franchise Agreement by providing Company
written notice of revocation.
C. Public Hearing
Municipality may conduct a public hearing on the revocation. Company shall have the
right to participate in such hearing, present witnesses and the Municipality shall issue a
written determination of its findings. Such public hearing must take place no less than 30
days prior to the decision to revoke.
D. Judicial Review
Company shall have the right to seek judicial review of Municipality’s determination to
revoke.
28. Abandonment
If company shall cease providing service in the Municipality pursuant to 30-A MRSA
§3008(3)(B), the Company shall remove all of its supporting structures, poles, transmission and
distribution systems, another appurtenances from the Public Ways and shall restore the areas to
their original condition as is reasonably possible and as soon as reasonably possible. If such
removal is not complete within six (6) months of such end of service, the Municipality may
deem any property not removed as having been abandoned. Upon written request of the
Company, the Municipality may waive this requirement for good cause shown.
29. Expiration of Agreement
Upon the expiration and non-renewal, or revocation of this Franchise Agreement and exhaustion
of all judicial appeals, the Cable System shall be disposed of according to 47 USC §546 and this
Franchise Agreement.
30. Changes in Law
In the event a federal or state law, regulation or decision by a court of competent jurisdiction
renders a provision in this Franchise Agreement void or otherwise unenforceable, the provision
shall be considered preempted. This preemption will last for as long as the law, regulation or
decision is effective; if the law, regulation or decision is subsequently repealed, rescinded,
amended, voided, overturned or otherwise changed so that the preemption is nullified, the
provision shall thereupon return to full force and effect as provided by such proceeding and shall
be binding and enforceable in accordance with the terms thereof.
31. Amendments
This Franchise Agreement shall not be amended or modified except by written agreement
executed in the same manner as this Franchise Agreement. Where applicable, the amendment
shall be consistent with the provisions of 47 USC §545.
32. Miscellaneous
A. Force Majeure
The Parties shall not be responsible for any delay or failure to perform their obligations
under this Franchise Agreement if doing so is prevented by Act of God, flood, storm, fire,
explosions, strikes, riots, wars whether or not declared, insurrections, epidemics, or any
law, rule or act of any court of competent jurisdiction or instrumentality of government or
any cause or event beyond the control of the Company.
B. Severability
If any provision of this Franchise Agreement is held by any court or Federal or State
agency of competent jurisdiction to be invalid as conflicting with any Federal or State
law, rule or regulation now or hereafter in effect, or is held by such court or agency to be
modified in any way in order to conform to the requirements of any such law, rule or
regulation, said provision shall be considered a separate, distinct and independent part of
this Franchise Agreement, and such holding shall not affect the validity and
enforceability of all other provisions hereof, all of which shall remain in full force and
effect for the term of this Franchise Agreement.
C. Effect on Prior Agreements
This Franchise Agreement shall supersede any prior franchise agreements between the
parties. Immediately upon the taking effect of this Franchise Agreement, all prior
franchise agreements and any and all extensions thereof, shall terminate and shall have no
further force and effect; provided, however, that any vested rights relating to billings and
the Municipality’s rights to receive franchise fees shall not be affected thereby.
D. Non-Enforcement Not Waiver
Neither party shall be excused from complying with any of the terms and conditions of
this Franchise Agreement by any failure of either party upon one or more occasions to
insist upon or to seek compliance with any such terms or conditions. No course of dealing
between the Company and the Municipality, nor any delay on the part of the Municipality
or Company in exercising any rights hereunder, shall operate as a waiver of any such
rights of the Municipality or Company or acquiescence in the actions of the Company or
Municipality in contravention of such right, except to the extent expressly waived by
either party or expressly provided for in this Franchise Agreement. No decision by the
Municipality or Company to invoke any remedy under this Franchise Agreement or under
any statute, law or ordinance shall preclude the availability of any other such remedy.
This provision does not extend any applicable statute of limitations.
E. Company Warranties
Company warrants, represents and acknowledges that, as of the Execution Date of this
Franchise Agreement:
1. The Company is duly authorized to do business under the laws of the State;
2. The Company has the requisite power and authority under applicable law and its
bylaws and articles of incorporation and/or other organizational documents, is
authorized by resolutions of its Board of Directors or other governing body, and
has secured all consents which are required to be obtained as of the execution date
of this Franchise Agreement, to enter into and legally bind Company to this
Franchise Agreement and to take all actions necessary to perform all of its
obligations pursuant to this Franchise Agreement;
3. This Franchise Agreement is enforceable against Company in accordance with the
provisions herein; and
4. There is no action or proceedings pending or threatened against Company that
would interfere with performance of this Franchise Agreement.
Execution
33. Signatures
For Municipality ____________________________ Title__________________ Date_______
For Company _______________________________ Title__________________ Date_______
Appendix A – United States Code of Federal Regulations (USC)
TITLE 47--Telecommunication
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
Subpart A--GENERAL
§76.1
§76.3
§76.5
§76.6
§76.7
§76.8
§76.9
§76.10
§76.11
Subpart B--REGISTRATION STATEMENTS
§76.29
Subpart C--CABLE FRANCHISE APPLICATIONS
§76.41
Subpart D--CARRIAGE OF TELEVISION BROADCAST SIGNALS
§76.51
§76.53
§76.54
§76.55
§76.56
§76.57
§76.59
§76.60
§76.61
§76.62
§76.64
§76.65
§76.66
§76.70
Subpart E--EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
§76.71
§76.73
§76.75
§76.77
§76.79
Subpart F--NETWORK NON-DUPLICATION PROTECTION, SYNDICATED EXCLUSIVITY
AND SPORTS BLACKOUT
§76.92
§76.93
§76.94
§76.95
§76.101
§76.103
§76.105
§76.106
§76.107
§76.108
§76.109
§76.110
§76.111
§76.120
§76.122
§76.123
§76.124
§76.125
§76.127
§76.128
§76.130
Subpart G--CABLECASTING
§76.205
§76.206
§76.209
Fairness doctrine; personal attacks; political editorials.
§76.213
§76.225
§76.227
Subpart H--GENERAL OPERATING REQUIREMENTS
§76.309
Subpart I--FORMS AND REPORTS
§76.403
Subpart J--OWNERSHIP OF CABLE SYSTEMS
§76.501
§76.502
§76.503
§76.504
§76.505
Subpart K--TECHNICAL STANDARDS
§76.601
§76.602
§76.605
§76.606
§76.607
§76.609
§76.610
§76.611
§76.612
§76.613
§76.614
§76.616
§76.617
§§76.618-76.620
§76.630
§76.640
Subpart L--CABLE TELEVISION ACCESS
§76.701
§76.702
Subpart M--CABLE INSIDE WIRING
§76.800
§76.801
§76.802
§76.804
§76.805
§76.806
Subpart N--CABLE RATE REGULATION
§76.901 Definitions.
§76.905 Standards for identification of cable systems subject to effective competition.
§76.906 Presumption of no effective competition.
§76.907 Petition for a determination of effective competition.
§76.910 Franchising authority certification.
§76.911 Petition for reconsideration of certification.
§76.912 Joint certification.
§76.913 Assumption of jurisdiction by the Commission.
§76.914 Revocation of certification.
§76.916 Petition for recertification.
§76.917 Notification of certification withdrawal.
§76.920 Composition of the basic tier.
§76.921 Buy-through of other tiers prohibited.
§76.922 Rates for the basic service tier and cable programming services tiers.
§76.923 Rates for equipment and installation used to receive the basic service tier.
§76.924 Allocation to service cost categories.
§76.925 Costs of franchise requirements.
§76.930 Initiation of review of basic cable service and equipment rates.
§76.933 Franchising authority review of basic cable rates and equipment costs.
§76.934 Small systems and small cable companies.
§76.935 Participation of interested parties.
§76.936 Written decision.
§76.937 Burden of proof.
§76.938 Proprietary information.
§76.939 Truthful written statements and responses to requests of franchising authority.
§76.940 Prospective rate reduction.
§76.941 Rate prescription.
§76.942 Refunds.
§76.943 Fines.
§76.944 Commission review of franchising authority decisions on rates for the basic
service tier and associated equipment.
§76.945 Procedures for Commission review of basic service rates.
§76.946 Advertising of rates.
§76.952 Information to be provided by cable operator on monthly subscriber bills.
§76.962 Implementation and certification of compliance.
§76.963 Forfeiture.
§76.970 Commercial leased access rates.
§76.971 Commercial leased access terms and conditions.
§76.975 Commercial leased access dispute resolution.
§76.977 Minority and educational programming used in lieu of designated commercial
leased access capacity.
§76.980 Charges for customer changes.
§76.981 Negative option billing.
§76.982 Continuation of rate agreements.
§76.983 Discrimination.
§76.984 Geographically uniform rate structure.
§76.985 Subscriber bill itemization.
§76.986 “A la carte” offerings.
§76.987 New product tiers.
§76.990 Small cable
operators.
Subpart O--COMPETITIVE ACCESS TO CABLE PROGRAMMING
§76.1000
§76.1001
§76.1002
§76.1003
§76.1004
§§76.1005-
76.1010
Subpart P--COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES
§76.1200
§76.1201
§76.1202
§76.1203
§76.1204
§76.1205
§76.1206
§76.1207
§76.1208
§76.1209
§76.1210
Subpart Q--REGULATION OF CARRIAGE AGREEMENTS
§76.1300
§76.1301
§76.1302
Subpart R--TELECOMMUNICATIONS ACT IMPLEMENTATION
§76.1400
§76.1404
Subpart S--OPEN VIDEO SYSTEMS
§76.1500
§76.1501
§76.1502
§76.1503
§76.1504
§76.1505
§76.1506
§76.1507
§76.1508
§76.1509
§76.1510
§76.1511
§76.1512
§76.1513
§76.1514
Subpart T--NOTICES
§76.1601
§76.1602
§76.1603
§76.1604
§76.1607
§76.1608
§76.1609
§76.1610
§76.1611
§76.1614
§76.1615
§76.1616
§76.1617
§76.1618
§76.1619
§76.1620
§76.1621
§76.1622
§76.1630
Subpart U--DOCUMENTS TO BE MAINTAINED FOR INSPECTION
§76.1700
§76.1701
§76.1702
§76.1703
§76.1704
§76.1705
§76.1706
§76.1707
§76.1708
§76.1709
§76.1710
§76.1711
§76.1712
§76.1713
§76.1714
§76.1715
§76.1716
§76.1717
Subpart V--REPORTS AND FILINGS
§76.1800
§76.1801
§76.1802
§76.1803
§76.1804
§76.1805
Subpart W--ENCODING RULES
§76.1901
§76.1902
§76.1903
§76.1904
§76.1905
§76.1906
§76.1907
§76.1908
§76.1909
Subpart X--ACCESS TO MDUS
§76.2000
Appendix
For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.
For questions concerning e-CFR programming and delivery issues, email web[email protected]v
Appendix B – FCC Regulations
47 CFR Part 76.309
§ 76.309 Customer service obligations.
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph
(c) of this section against cable operators. The franchise authority must provide affected cable
operators ninety (90) days written notice of its intent to enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) A franchising authority and a cable operator from agreeing to customer service requirements
that exceed the standards set forth in paragraph (c) of this section;
(2) A franchising authority from enforcing, through the end of the franchise term, pre-existing
customer service requirements that exceed the standards set forth in paragraph (c) of this section
and are contained in current franchise agreements;
(3) Any State or any franchising authority from enacting or enforcing any consumer protection
law, to the extent not specifically preempted herein; or
(4) The establishment or enforcement of any State or municipal law or regulation concerning
customer service that imposes customer service requirements that exceed, or address matters not
addressed by the standards set forth in paragraph (c) of this section.
(c) Effective July 1, 1993, a cable operator shall be subject to the following customer service
standards:
(1) Cable system office hours and telephone availability—
(i) The cable operator will maintain a local, toll-free or collect call telephone access line which
will be available to its subscribers 24 hours a day, seven days a week.
(A) Trained company representatives will be available to respond to customer telephone inquiries
during normal business hours.
(B) After normal business hours, the access line may be answered by a service or an automated
response system, including an answering machine. Inquiries received after normal business hours
must be responded to by a trained company representative on the next business day.
(ii) Under normal operating conditions, telephone answer time by a customer representative,
including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call
needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety (90) percent of the time under normal operating conditions, measured
on a quarterly basis.
(iii) The operator will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards above unless an historical record of
complaints indicates a clear failure to comply.
(iv) Under normal operating conditions, the customer will receive a busy signal less than three
(3) percent of the time.
(v) Customer service center and bill payment locations will be open at least during normal
business hours and will be conveniently located.
(2) Installations, outages and service calls. Under normal operating conditions, each of the
following four standards will be met no less than ninety five (95) percent of the time measured
on a quarterly basis:
(i) Standard installations will be performed within seven (7) business days after an order has
been placed. “Standard” installations are those that are located up to 125 feet from the existing
distribution system.
(ii) Excluding conditions beyond the control of the operator, the cable operator will begin
working on “service interruptions” promptly and in no event later than 24 hours after the
interruption becomes known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem.
(iii) The “appointment window” alternatives for installations, service calls, and other installation
activities will be either a specific time or, at maximum, a four-hour time block during normal
business hours. (The operator may schedule service calls and other installation activities outside
of normal business hours for the express convenience of the customer.)
(iv) An operator may not cancel an appointment with a customer after the close of business on
the business day prior to the scheduled appointment.
(v) If a cable operator representative is running late for an appointment with a customer and will
not be able to keep the appointment as scheduled, the customer will be contacted. The
appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
(3) Communications between cable operators and cable subscribers—
(i) Refunds—Refund checks will be issued promptly, but no later than either—
(A) The customer's next billing cycle following resolution of the request or thirty (30) days,
whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if service is terminated.
(ii) Credits—Credits for service will be issued no later than the customer's next billing cycle
following the determination that a credit is warranted.
(4) Definitions—
(i) Normal business hours —The term “normal business hours” means those hours during which
most similar businesses in the community are open to serve customers. In all cases, “normal
business hours” must include some evening hours at least one night per week and/or some
weekend hours.
(ii) Normal operating conditions —The term “normal operating conditions” means those service
conditions which are within the control of the cable operator. Those conditions which are not
within the control of the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control of the cable operator
include, but are not limited to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the cable system.
(iii) Service interruption —The term “service interruption” means the loss of picture or sound on
one or more cable channels.
Note to §76.309: Section 76.1602 contains notification requirements for cable operators with
regard to operator obligations to subscribers and general information to be provided to customers
regarding service. Section 76.1603 contains subscriber notification requirements governing rate
and service changes. Section 76.1619 contains notification requirements for cable operators with
regard to subscriber bill information and operator response procedures pertaining to bill disputes.
[58 FR 21109, Apr. 19, 1993, as amended at 61 FR 18977, Apr. 30, 1996; 65 FR 53615, Sept. 5,
2000; 67 FR 1650, Jan. 14, 2002]
____
§ 76.1602 Customer service—general information.
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph
(b) of this section against cable operators. The franchise authority must provide affected cable
operators 90 days written notice of its intent to enforce standards.
(b) Effective July 1, 1993, the cable operator shall provide written information on each of the
following areas at the time of installation of service, at least annually to all subscribers, and at
any time upon request:
(1) Products and services offered;
(2) Prices and options for programming services and conditions of subscription to programming
and other services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Channel positions of programming carried on the system; and
(6) Billing and complaint procedures, including the address and telephone number of the local
franchise authority's cable office.
(c) Subscribers shall be advised of the procedures for resolution of complaints about the quality
of the television signal delivered by the cable system operator, including the address of the
responsible officer of the local franchising authority.
___
§ 76.1603 Customer service—rate and service changes.
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph
(b) of this section against cable operators. The franchise authority must provide affected cable
operators 90 days written notice of its intent to enforce standards.
(b) Customers will be notified of any changes in rates, programming services or channel
positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty
(30) days in advance of such changes if the change is within the control of the cable operator. In
addition, the cable operator shall notify subscribers 30 days in advance of any significant
changes in the other information required by §76.1602.
(c) In addition to the requirement of paragraph (b) of this section regarding advance notification
to customers of any changes in rates, programming services or channel positions, cable systems
shall give 30 days written notice to both subscribers and local franchising authorities before
implementing any rate or service change. Such notice shall state the precise amount of any rate
change and briefly explain in readily understandable fashion the cause of the rate change (e.g.,
inflation, change in external costs or the addition/deletion of channels). When the change
involves the addition or deletion of channels, each channel added or deleted must be separately
identified. For purposes of the carriage of digital broadcast signals, the operator need only
identify for subscribers, the television signal added and not whether that signal may be
multiplexed during certain dayparts.
(d) A cable operator shall provide written notice to a subscriber of any increase in the price to be
charged for the basic service tier or associated equipment at least 30 days before any proposed
increase is effective. The notice should include the name and address of the local franchising
authority.
(e) To the extent the operator is required to provide notice of service and rate changes to
subscribers, the operator may provide such notice using any reasonable written means at its sole
discretion.
(f) Notwithstanding any other provision of part 76 of this chapter, a cable operator shall not be
required to provide prior notice of any rate change that is the result of a regulatory fee, franchise
fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency,
State, or franchising authority on the transaction between the operator and the subscriber.
Note 1 to §76.1603: Section 624(h) of the Communications Act, 47 U.S.C. 544(h), contains
additional notification requirements which a franchising authority may enforce.
Note 2 to §76.1603: Section 624(d)(3) of the Communications Act, 47 U.S.C. 544(d)(3), contains
additional notification provisions pertaining to cable operators who offer a premium channel
without charge to cable subscribers who do not subscribe to such premium channel.
Note 3 to §76.1603: Section 631 of the Communications Act, 47 U.S.C. 551, contains additional
notification requirements pertaining to the protection of subscriber privacy.
[65 FR 53617, Sept. 5, 2000, as amended at 66 FR 16554, Mar. 26, 2001]
___
§ 76.1619 Information on subscriber bills.
(a) Effective July 1, 1993, bills must be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
(b) In case of a billing dispute, the cable operator must respond to a written complaint from a
subscriber within 30 days.
(c) A cable franchise authority may enforce the customer service standards set forth in this
section against cable operators. The franchise authority must provide affected cable operators 90
days written notice of its intent to enforce standards.
Appendix C – Maine Statutes
STATE LAW
(As listed on the state website)
30-A MRSA §3008
http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec3008.html
A. §3008. Ordinances relating to cable television systems
1. State policy. It is the policy of this State, with respect to cable television systems:
A. To affirm the importance of municipal control of franchising and regulation in order to
ensure that the needs and interests of local citizens are adequately met; [1987, c. 737, Pt. A,
§2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2
(AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. That each municipality, when acting to displace competition with regulation of cable
television systems, shall proceed according to the judgment of the municipal officers as to the
type and degree of regulatory activity considered to be in the best interests of its citizens; [2007,
c. 548, §1 (AMD).]
C. To provide adequate statutory authority to municipalities to make franchising and
regulatory decisions to implement this policy and to avoid the costs and uncertainty of lawsuits
challenging that authority; and [2007, c. 548, §1 (AMD).]
D. To ensure that all cable television operators receive the same treatment with respect to
franchising and regulatory processes and to encourage new providers to provide competitive
pressure on the pricing of such services. [2007, c. 548, §1 (NEW).]
[ 2007, c. 548, §1 (AMD) .]
1-A. Definitions. For purposes of this section, unless the context otherwise indicates, the
following terms have the following meanings:
A. "Cable system operator" has the same meaning as "cable operator," as that term is
defined in 47 United States Code, Section 522(5), as in effect on January 1, 2008; [2007, c.
548, §1 (NEW).]
B. "Cable television service" has the same meaning as "cable service," as that term is
defined in 47 United States Code, Section 522(6), as in effect on January 1, 2008; and [2007, c.
548, §1 (NEW).]
C. "Cable television system" has the same meaning as "cable system," as that term is
defined in 47 United States Code, Section 522(7), as in effect on January 1, 2008. [2007, c.
548, §1 (NEW).]
[ 2007, c. 548, §1 (NEW) .]
2. Ordinances. A municipality may enact any ordinances, not contrary to this chapter,
governing franchising and regulation of cable television systems using public ways. Systems
located in accordance with those ordinances, franchises and regulations are not defects in public
ways.
The municipal officers of municipalities have the exclusive power to enact all ordinances
authorized by this section. They shall give 7 days' notice of the meeting at which those
ordinances are to be proposed in the manner provided for town meetings. Those ordinances take
effect immediately.
[ 1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6,
(AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD) .]
3. General requirements. The following requirements apply generally to cable television
systems governed by this section.
A. Any cable television system must be constructed and operated in accordance with
Federal Communications Commission regulations. [1987, c. 737, Pt. A, §2 (NEW); 1987,
c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c.
104, Pt. C, §§8, 10 (AMD).]
B. Notwithstanding any provision in a franchise, a cable system operator may not abandon
service or a portion of that service without having given 6 months' prior written notice to the
franchising municipality, if any, and to the municipalities affected by that abandonment. When
abandonment of any service is prohibited by a municipal franchise, a cable system operator may
not abandon that service without written consent of the municipal officers. Any cable system
operator that violates this paragraph commits a civil violation for which a fine of $50 a day for
each day that the violation continues may be adjudged. [2007, c. 548, §1 (AMD).]
C. Neither the cable system operator whose facilities are used to transmit a program
produced by a person other than that operator, under Federal Communications Commission
regulations or municipal ordinance, nor the officers, directors or employees of any such cable
system operator are liable for damages arising from any obscene or defamatory statements or
actions or invasion of privacy occurring during any program when that cable system operator
does not originate or produce the program. [2007, c. 548, §1 (AMD).]
D. [2007, c. 548, §1 (RP).]
E. A municipality is entitled to injunctive relief in addition to any other remedies available
by law to protect any rights conferred upon the municipality by this section or any ordinances
enacted under this section or section 3010. [2007, c. 548, §1 (AMD).]
[ 2007, c. 548, §1 (AMD) .]
4. Franchise procedures. Pursuant to subsection 2, a municipality may enact ordinances
governing the procedures for granting franchises to cable system operators. These ordinances
must be enacted before granting any such franchise or franchises and must be designed to ensure
that the terms and conditions of a franchise will adequately protect the needs and interests of the
municipality. The ordinances must include, but are not limited to, provisions for the following:
A. A mechanism for determining special local needs or interests before issuing a request for
proposals, whether by actively seeking to determine those needs or interests or by allowing a
period for public comment on a proposed request for proposals; [1987, c. 737, Pt. A, §2
(NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. The filing of franchise applications and related documents as public records, with
reasonable notice to the public that the records are open to inspection during reasonable hours;
[1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6,
(AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
C. A reasonable opportunity for public input before granting franchises; and [1987, c.
737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989,
c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
D. The assessment of reasonable fees to defray the costs of public notice, advertising and
other expenses incurred by the municipality in acting upon applications. [1987, c. 737, Pt.
A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2
(AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
[ 2007, c. 548, §1 (AMD) .]
5. Franchise agreements or contracts. The State specifically authorizes municipal officers
pursuant to ordinances to contract on such terms and conditions and impose such fees as are in
the best interests of the municipality, including the grant of exclusive or nonexclusive franchises
for a period not to exceed 15 years, for the placing and maintenance of cable television systems
and appurtenances, or parts thereof, along public ways and including contracts with cable system
operators that receive the services of television signal transmission offered by any public utilities
using public ways for such transmission. A public utility may not be required to contract with the
municipal officers under this subsection. Each franchise must contain the following provisions:
A. The area or areas to be served; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737,
Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C,
§§8, 10 (AMD).]
B. A line extension policy; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C,
§106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8,
10 (AMD).]
C. A provision for renewal, the term of which may not exceed 15 years; [1987, c. 737,
Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9,
§2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
D. Procedures for the investigation and resolution of complaints by the cable system
operator; and [2007, c. 548, §1 (AMD).]
E. Any other terms and conditions that are in the best interests of the municipality. [1987,
c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD);
1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
[ 2007, c. 548, §1 (AMD) .]
6. Current ordinances and agreements.
[ 2007, c. 548, §1 (RP) .]
7. Model franchise agreement. The Department of Administrative and Financial Services,
Office of Information Technology, referred to in this subsection as "the office," shall develop a
model franchise agreement for use by any municipality and any cable system operator that
mutually choose to adopt the model franchise agreement or any of its provisions. The office shall
make the model franchise agreement available on its publicly accessible website. In the
development of the model franchise agreement, the office shall, at a minimum, consider the
following issues:
A. Franchise fees; [2007, c. 548, §1 (NEW).]
B. Build-out requirements; [2007, c. 548, §1 (NEW).]
C. Public, educational and governmental access channels and reasonable facility support for
such channels; [2007, c. 548, §1 (NEW).]
D. Customer service standards; [2007, c. 548, §1 (NEW).]
E. The disparate needs of the diverse municipalities in this State; and [2007, c. 548, §1
(NEW).]
F. The policy goal of promoting competition in the delivery of cable television service.
[2007, c. 548, §1 (NEW).]
This subsection does not allow the office to establish prices for any cable television service
or to regulate the content of cable television service.
[ 2007, c. 548, §1 (NEW) .]
SECTION HISTORY
1987, c. 737, §§A2,C106 (NEW). 1989, c. 6, (AMD). 1989, c. 9, §2 (AMD). 1989, c.
104, §§C8,10 (AMD). 2007, c. 548, §1 (AMD).
30-A MRSA §3010
http://www.mainelegislature.org/legis/statutes/30-A/title30-Asec3010.html
§3010. Consumer rights and protection relating to cable television service
This section applies to every franchisee. For purposes of this section, "franchisee" means a cable
system operator that is granted a franchise by a municipality in accordance with section 3008.
For purposes of this section, "cable system operator" and "cable television service" have the
same meanings as in section 3008. [2007, c. 548, §2 (AMD).]
1. Credits and refunds for interruption of service. Credits and refunds for interruption of
cable television service of a franchisee must be as follows.
A. In the event service to any subscriber is interrupted for 6 or more consecutive hours in a
30-day period, the franchisee will, upon request, grant that subscriber a pro rata credit or rebate.
[2007, c. 548, §2 (AMD).]
B. An office of the franchisee must be open during usual business hours, have a listed toll-
free telephone and be capable of receiving complaints, requests for adjustments and service calls.
[2007, c. 548, §2 (AMD).]
C. The franchisee shall provide subscribers with 30 days' advance written notice of an
increase in rates, changes in billing practices or the deletion of a channel. [2007, c. 548, §2
(AMD).]
[ 2007, c. 548, §2 (AMD) .]
1-A. Service disconnection. A franchisee must discontinue billing a subscriber for a
service within 10 working days after the subscriber requests that service disconnection unless the
subscriber unreasonably hinders access by the franchisee to equipment of the franchisee on the
premises of the subscriber to which the franchisee must have access to complete the requested
disconnection.
[ 2007, c. 548, §2 (AMD) .]
2. Notice to subscribers regarding quality of service. Notice to subscribers regarding
quality of service must be as follows.
A. For each new subscriber, and annually thereafter, every franchisee shall cause to be
mailed to each of its subscribers a notice that:
(1) Informs subscribers of how to communicate their views and complaints to the cable
system operator, the proper municipal official and the Attorney General;
(2) States the responsibility of the Department of the Attorney General to receive consumer
complaints concerning matters other than channel selection and rates;
(3) States the policy regarding and method by which subscribers may request rebates or pro
rata credits as described in subsection 1, paragraph A; and
(4) Informs subscribers of their right to request basic-tier, nonpremium programming
service and the cost of that service. [2007, c. 548, §2 (AMD).]
B. The notice must be in nontechnical language, understandable by the general public and in
a convenient format. On or before January 30th of each year, the franchisee shall certify to the
franchising authority and to the Department of the Attorney General that it has distributed the
notice during the previous calendar year as required by this section. [2007, c. 548, §2
(AMD).]
[ 2007, c. 548, §2 (AMD) .]
2-A. Notice on subscriber bills; credits and refunds. Every franchisee shall include on
each subscriber bill for service a notice regarding the subscriber's right to a pro rata credit or
rebate for interruption of service upon request in accordance with subsection 1. The notice must
include a toll-free telephone number and a telephone number accessible by a teletypewriter
device or TTY for contacting the franchisee to request the pro rata credit or rebate for service
interruption. The notice must be in nontechnical language, understandable by the general public
and printed in a prominent location on the bill in boldface type.
[ 2007, c. 104, §1 (NEW) .]
3. Franchise document clearinghouse.
[ 1999, c. 581, §2 (RP) .]
4. Recording subscriber complaints. Recording subscriber complaints must be as follows.
A. Every franchisee shall keep a record or log of all written complaints received regarding
quality of service, equipment malfunctions, billing procedure, employee attitude and similar
matters. These records must be maintained for a period of 2 years. [2007, c. 548, §2 (AMD).]
B. The record must contain the following information for each complaint received:
(1) Date, time and nature of the complaint;
(2) Name, address and telephone number of the person complaining;
(3) Investigation of the complaint;
(4) Manner and time of resolution of the complaint;
(5) If the complaint regards equipment malfunction or the quality of reception, a report
indicating corrective steps taken, with the nature of the problem stated; and
(6) Consistent with subscriber privacy provisions contained in the Cable Communications
Policy Act of 1984, Public Law 98-549, every franchisee shall make the logs or records of
complaints available to any authorized agent of any franchising authority having a franchise with
that franchisee or any authorized agent of a municipality considering a franchise with that
franchisee upon request during normal business hours for on-site review. [2007, c. 548, §2
(AMD).]
[ 2007, c. 548, §2 (AMD) .]
5. Franchises. All franchises must be nonexclusive. All franchises must include provision
for access to, and facilities to make use of, one or more local public, educational and
governmental access channels subject to the definitions and requirements of the Cable
Communications Policy Act of 1984, Public Law 98-549 or related requirements or regulations
of the Federal Communications Commission.
[ 2007, c. 548, §2 (AMD) .]
6. Rights of individuals. A cable system operator may not deny service, deny access or
otherwise discriminate against subscribers, channel users or general citizens on the basis of age,
race, religion, sex, physical handicap or country of natural origin.
[ 2007, c. 548, §2 (AMD) .]
6-A. Subscriber privacy. A cable system operator may not intrude upon the privacy of a
subscriber by installing or using any equipment that allows the cable system operator to observe
or to listen to what is occurring in an individual subscriber's household or to monitor the viewing
habits of the subscriber without express, prior written consent of the subscriber. A cable system
operator may not sell, disclose or otherwise make available, or permit the use of, lists of the
names or addresses of its subscribers, or any list or other information that identifies by name or
address subscribers or subscriber viewing habits, to any person or agency for any purpose
whatsoever without the prior written consent of the subscriber except that the cable system
operator may make such lists available to persons performing services for the cable system
operator in connection with its business or operations, such as a billing service, when the
availability of such lists is necessary to the performance of such services if, in either case, the
persons or entity receiving such lists agree in writing that they will not permit them to be made
available to any other party.
[ 2007, c. 548, §2 (AMD) .]
6-B. Late fees. A cable system operator may not charge a late fee or other penalty or charge
for late payment of any bill that exceeds 1.5% per month of the amount due in the bill. If the bill
includes separate charges for different levels of service, a late fee or other penalty or charge must
be calculated on the total amount overdue for all levels of service and may not be calculated
separately for each level of service. A payment is not late under this subsection until at least 30
days after those services to which the late fee applies have been received by the consumer.
[ 2007, c. 548, §2 (AMD) .]
7. Penalty. A violation of any provision of this section is a violation of Title 5, chapter 10.
[ 2007, c. 548, §2 (AMD) .]
8. Filing of franchise agreements. A cable system operator that maintains a publicly
accessible website shall post on that website a copy of the most recently executed franchise
agreement for each franchise that it has been granted by a municipality in the State.
[ 2007, c. 548, §2 (NEW) .]
SECTION HISTORY
1989, c. 352, (NEW). 1991, c. 358, (AMD). 1991, c. 657, §1 (AMD). 1993, c. 219,
§1 (AMD). 1993, c. 513, §1 (AMD). 1993, c. 676, §§1,2 (AMD). 1999, c. 581, §2
(AMD). 2007, c. 104, §1 (AMD). 2007, c. 548, §2 (AMD).
Appendix D – United States Code
FEDERAL STATUTES
(Source for these provisions)
http://caselaw.lp.findlaw.com/casecode/uscodes/47/chapters/5/subchapters/v-a/parts/iii/toc.html
o TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5 - WIRE OR RADIO COMMUNICATION
SUBCHAPTER V-A - CABLE COMMUNICATIONS
Part I. General Provisions
Part II. Use Of Cable Channels And Cable Ownership Restrictions
Part III. Franchising And Regulation
Section 541. General Franchise Requirements
Section 542. Franchise Fees
Section 543. Regulation Of Rates
Section 544. Regulation Of Services, Facilities, And Equipment
Section 544a. Consumer Electronics Equipment Compatibility
Section 545. Modification Of Franchise Obligations
Section 546. Renewal
Section 547. Conditions Of Sale
Section 548. Development Of Competition And Diversity In Video
Programming Distribution
Section 549. Competitive Availability Of Navigation Devices
Part IV. Miscellaneous Provisions
Part V. Video Programming Services Provided By Telephone Companies
Below is the source used for the CFRs.
http://www.ecfr.gov/cgi-bin/ECFR?page=browse
Appendix E - PEG
1. Exclusive Use, Channel Designations and Interconnectivity
(a.) Municipality, or its designee(s), shall have the exclusive use of PEG Access
Channels. Use of PEG Access Channels shall be subject to such rules as the
Municipality, or its designee(s), may adopt.
(b.) There shall be no charge by Company for the use of the PEG Access Channels.
(c.) Company shall not appropriate PEG programming for use by company on any
other channel or in any other jurisdiction covered by the Company without the consent of
the originating PEG producer.
(d.) Unless otherwise agreed to by the parties, PEG channels shall be carried on the
basic tier at no additional cost.
(e.) Company shall include appropriate designation of the Municipality’s PEG Access
Channels on channel cards and channel listings provided to Subscribers in a manner
comparable to which it identifies other Channels. This provision does not obligate
Company to list PEG programming content on said channel cards and channel listings. If
Channels are selected by a viewer through a menu system, Company shall display the
Municipality’s PEG Access Channels designation in a similar manner as other channels.
(f.) With respect to any new or existing PEG channel as defined in this franchise and
subject to 30-A MRSA S3008 (7) (C) and (E), the equipment associated with the
interconnection of PEG transmission facilities between a PEG facility and the Company’s
head end within the Company’s cable system as well as the formatting of PEG
programming for transmission to the subscriber is considered PEG facility or equipment
and the costs thereof shall be borne by the Company.
(g.) Upon request, Company shall make its best efforts, to the extent technically
feasible, to provide interconnectivity or consolidation with other PEG channels in
neighboring communities.
2. Unused Channels
Pursuant to 47 U.S.C. §531(d), the following is the procedure to be followed by Municipality to
permit Company to use PEG channel capacity not being used by Municipality and to cease such
permission.
(a.) Company shall request in writing that Municipality permit Company to use a
designated PEG channel granted to Municipality.
Request shall include:
• Channel number requested;
• Timeframe as to when the channel is needed; 24-hour/365-day use or
lesser amount;
• How Company will use channel (e.g., intended content)
• Duration for which Company seeks use (in months).
•
(b.) Municipality will either grant or deny permission in writing within 60 days of
receipt of request; or as soon as reasonably possible if an urgent programming request is
submitted.
(c.) Municipality may revoke permission, for any cause, by providing Company no
less than 6-months written notice.
3. PEG Support Fee
(a.) In lieu of Facility and Equipment pursuant to subsection (i), Company may
provide a PEG Support Fee to Municipality or its designee, in support of PEG facilities or
equipment. Annual payment shall be equal to:
(__________________.)
Such payment is in addition to and may not be counted as an offset from any
Franchise Fee imposed on Company, provided however that such payment is used in
accordance with the provisions of federal law. Unless otherwise agreed to by parties, the
PEG Support Fee shall be remitted to Municipality at the time the first quarterly
Franchise Fee payment is due pursuant to this agreement. Municipality shall determine
the use and distribution of these funds for PEG equipment, and all such equipment and
facilities shall be the property of the Municipality and shall be maintained and housed in
locations specified by the Municipality.
(b.) An incumbent Company that is required to pay a PEG fee, grant or any
similar payment to the Municipality under the terms of this franchise agreement shall
continue to make such payments in full to the Municipality if this franchise agreement
expires or Company chooses not to seek a renewal or voluntarily terminates it’s local
franchise agreement but continues to offer cable service within the Municipality.
4. Minimum PEG Signal Quality and Transmission Standards
The PEG access signal and channel capacity shall be of similar quality and functionality to that
offered on adjacent channels.
(a.) Company shall not take any actions that alter or otherwise adversely affect the
functionality, formatting or transmission of PEG programming that result in deterioration
of the functionality of PEG signals, the transmission of PEG programming, the picture
quality, or the absence of closed captions and Secondary Audio Programming as
compared to adjacent channels.
(b.) Each channel shall, with respect to the transmission of an analog signal or channel
supplied by the Company to the cable operator, be capable of carrying a television signal
equal or superior to the National Television System Committee (NTSC) standard, and
shall, with respect to the transmission of a digital signal or channel supplied by the PEG
operator to the cable operator, be capable of carrying a television signal equal or superior
to the current digital standard in use by the Company (QAM (Quadrature Amplitude
Modulation), VSB (Vestigal Sideband Modulation) and/or Advanced Television System
Committee (ATSC) standards, etc.), should the Company choose to adopt a digital and/or
HDTV format. In the event Company’s system becomes all digital, all access channels
shall be delivered to the subscriber in the digital format.
5. Other PEG Transmission Conditions As Negotiated
(a.) PEG Studio Return Feeds: Company shall upgrade to and/or install, and maintain,
an activated direct fiber optic return feed, and supply and maintain all necessary
transmission equipment (laser), from the PEG Access studio location(s) to the company’s
head end. This fiber optic feed shall be adequate to permit the simultaneous transport of
up to (__) PEG channels to the Company’s head end at a broadcast quality standard. In
the event that the PEG Operator moves its PEG studio from its current location to a new
location or any PEG Access Channel’s primary cable casting site is established at or
moves to a new location, Company shall provide necessary fiber optic feeds to up to (__)
locations to enable the cable casting signals for any such channel to be transmitted to the
company’s head end for distribution on the subscriber network.
Upgrades or the initial installation of a fiber optic return feed shall be completed within
(__) (days/weeks/months) of commencement. In the event of a cable system rebuild,
upgrade or installation such fiber optic return feeds shall be completed at the same time
as the system rebuild.
(b.) PEG Live Remote Return Feeds: Company will also provide and maintain
equipment and/or facilities, including but not limited to cable modems and cable drops, to
permit live programming from remote sites through an MPEG2 or MPEG4 transport
system, or in some other manner that provides broadcast quality carriage of the PEG
signal from the remote site(s) back to the PEG studio facilities. New equipment and/or
facilities will be made available within an agreed upon time frame.
6. PEG Promotion.
In the event that the Company implements local advertising sales on Channels received by
Subscribers within the Municipality, the Municipality or its designee(s) may want to seek time
for non-commercial PEG Access program or service promotional spots on said channels.
For more information about PEG, please see FCC PEG Fact Sheet
http://www.fcc.gov/mb/facts/pegfacts.html
Appendix F - Definitions
For the purpose of this Franchise Agreement, the following words, terms, phrases, and their
derivations shall have the meanings given herein, unless the context clearly requires a different
meaning. When not inconsistent with the context, words used in the present tense included the
future tense, words in the plural number include the singular number, and words in the singular
number include the plural number. The word “shall” is always mandatory and not merely
directory, except where noted. Where the following definitions are in conflict with definitions in
law, it is the express intent that the definition in applicable Federal or State law shall take
precedence.
Note: Items 11, 15, 27 and 42 require blanks to be filled in.
1. Affiliate or Affiliated Person: An entity which owns or controls is owned or controlled
by, or is under common ownership with a Cable Operator.
2. Area Outage: An area outage occurs when cable or equipment is damaged, fails or
otherwise malfunctions (collectively called “malfunctions”), and ten or more Subscribers
receiving services from that section of cable or that equipment receive unusable or no service as
a result of that malfunction.
3. Basic Cable Service: The lowest service tier transmitted to all Subscribers, which
includes, at a minimum, (a) all signals of domestic television broadcast stations entitled to "must
carry" status under FCC rules, and (b) any public educational and governmental programming
required by this Franchise Agreement to be carried on the basic tier.
4. Broadcast: Over-the-air transmission by a radio or television station.
5. Cable Act: Cable Communications Policy Act of 1984 (the “1984 Cable Act”), Public
Law No. 98-549, 98 Stat. 2779 (1984), as amended by the Cable Television Consumer Protection
and Competition Act of 1992 (the “1992 Cable Act”), Public Law No. 102-385, 106 Stat. 1460
(1992) and the Telecommunications Act of 1996, Public Law No. 104-104, 110 Stat. 56 (1996),
as the same may be amended from time to time .
6. Cablecast: Programming (exclusive of Broadcast signals) carried on the Cable System.
7. Cable Service or Service: The one-way transmission to Subscribers of video
programming or other programming service, together with Subscriber interaction, if any, which
is required for the selection or use of such video programming or other programming service.
8. Cable System: Shall be defined in accordance with Section 602 of the Cable Act. A
facility consisting of a set of closed transmission paths and associated signal generation,
reception and control equipment designed to provide Cable Service (including video
programming) to multiple Subscribers within a head-end service area. This shall mean the
facility serving the Municipality owned, constructed, installed, operated and maintained by
Company, consisting of a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designated to provide cable service which includes video
programming and which is provided to multiple subscribers within a community, but such term
does not include (a) a facility that serves only to retransmit the television signals of one or more
television broadcast stations; (b) a facility that serves subscribers without using any public right-
of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions
of Title II of the Cable Act, except that such facility shall be considered a cable system (other
than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the
transmission of video programming directly to subscribers unless the extent of such use is solely
to provide interactive on-demand services; or (d) an open video system that complies with
section 653 of this title, or (e) any facilities of any electric utility used solely for operating its
electric utility systems.
9. Channel or Video Channel: A portion of the electromagnetic frequency spectrum which
is used in a Cable System and which is capable of delivering a television channel.
10. Company: Any Person or Persons owning, controlling, operating, managing or leasing a
Cable System within the Municipality, pursuant to any Franchise granted to it by the Town. This
term shall include any lawful successor(s) to the interest of such Person or Persons where
consent to such successor(s) is approved under any applicable terms of the Franchise Agreement.
11. Completion of Construction: That point in time when the Company notifies the
Municipality in writing that the Cable System has been upgraded and activated to a minimum
capacity of ______ MHz throughout its service area.
12. Contractor or Subcontractor or Agent: Any person or entity who or which directly or
indirectly works for or is under the direction of “The Company” for the purpose of installation or
repair of any portion of the Company’s Cable system in the Municipality.
13. Conveniently Located: A Company office that is located as agreed by both parties.
14. Converter: A special tuner or device attached to the Subscriber’s television set that
expands reception capacity and/or unscrambles coded signals distributed over the Cable System.
15. Designated Access Provider: The entity or entities which may be designated from time
to time by the Issuing Authority to provide PEG access to the residents of the Municipality of
______________________.
16. Downstream Channel: A channel over which Signals travel from the Cable System
Head end to an authorized recipient of programming.
17. Downstream Transmission: Signals traveling from the head-end to the Subscriber’s
location.
18. Drop or Cable Drop: The interconnection between each home or building and the feeder
cable of the Cable System.
19. FCC: The Federal Communications Commission or any successor agency.
20. Feeder Cable: The cable, connected to trunk cable, from which cable television signal
service is distributed to multiple Subscribers, as distinguished from trunk cable (which
distributes cable television service throughout the Franchise area) and drop cable.
21. Franchise Agreement: The non-exclusive Cable Television License to be granted to
Company by this instrument to include the right, privilege and franchise to construct, operate and
maintain a Cable System, and appurtenances or parts thereof, in the Streets, roads, alleys, and
other Public Ways of the Municipality.
22. Gross Annual Revenue: Revenue of any form or kind received by the Company from
the carriage of Cable Service over the Cable System including, without limitation: the
distribution of any Cable Service over the System; Basic Service monthly fees; all other Cable
Service fees; fees paid for pay and/or pay-per-view services, installation, reconnection,
downgrade, upgrade and any other similar fees; fees paid for channels designated for commercial
use; converter, remote control and other equipment rentals, and/or leases and/or sales; all home
shopping service(s) revenues; and advertising revenues. Gross Annual Revenue shall not include
any taxes or fees other than franchise fees on services furnished by Company imposed directly
on any Subscriber or user by any governmental unit and collected by Company for such
governmental unit. In the event that an Affiliate is responsible for advertising on the Cable
System in the Municipality, advertising revenues shall be deemed to be the pro-rata portion of
advertising revenues excluding commissions and/or applicable agency fees, paid to the Company
by an Affiliate for said Affiliate’s use of the Cable System for the carriage of advertising. It is
the intention of the parties here to that Gross Annual Revenues shall only include such revenue
of Affiliates and/or Persons relating to the provision of Cable Service over the Cable System and
not the gross revenues of any such Affiliate(s) and/or Person(s) itself, where unrelated to Cable
services. Gross Annual Revenue shall be computed in accordance with Generally Accepted
Accounting Principles.
23. Head-end: A company owned or leased facility through which Broadcast and cablecast
signals are electronically acquired, translated, or modified for distribution over the Cable
System.
24. Interactive Service: Any service that offers to Subscribers the capability of both
transmitting and receiving Signals of any kind.
25. Institutional Network or I-Net: A communication network which is generally available
only to municipal and educational institutions or their designee’s.
26. Leased Channel or Leased Access: A video channel which the Licensee shall make
available pursuant to Section 612 of the Cable Act.
27. Municipality: The Town (or City) of ______________________, Maine, or its
successor.
28. Origination Point: A connection to the cable system which is provided to allow for live
or recorded programming to be transmitted from that location Upstream to the Head-end and
from there Downstream to the Subscribers over one or more access channels.
29. Other Programming Service: Information that Company may make available to all
Subscribers generally.
30. Outlet: An interior receptacle, generally mounted in a wall, that connects a subscriber’s
or user’s television set to the Cable System.
31. Parent: When used in reference to Company, any Person holding direct or indirect
ownership or control of thirty percent (30%) or more of the rights of control of Company; and
any Person holding such ownership or control of a Parent to Company.
32. Pay Cable or Premium Service: Optional programming delivered for a fee or charge to
Subscribers on a per-channel basis, or as a package of services.
33. Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a per-
program or time basis.
34. PEG: Public, Educational, and Governmental; used in conjunction with Access
Channels, support and facilities.
35. Person: Any corporation, partnership, limited partnership, association, trust,
organization, other business entity, individual, or group of individuals acting in concert.
36. Programming or Video Programming: Programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
37. Public Building: All state accredited public schools, police and fire stations, public
libraries, Town Hall, and other public buildings owned or leased by the municipality, but shall
not include buildings owned by the municipality but leased to third parties or buildings such as
storage facilities at which government employees are not regularly stationed.
38. Public Way, Streets or Rights-of-Way: The surface of, and the space above and below,
any public Street, highway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way,
lane, Public Way, drive, circle, or other public right-of-way, including, but not limited to, public
utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses and any
temporary or permanent fixtures or improvements located thereon now or hereafter held by the
Municipality, in the Municipality which shall entitle the Company to the use thereof for the
purpose of installing, operating, repairing, and maintaining the Cable System. “Street” or
“Public Way” shall also mean any easement now or hereafter held by the Municipality within the
Town for the purpose of public travel, or for utility or public service use dedicated for public
travel, or for utility or public service use dedicated for compatible uses, and shall include other
easements or rights-of-way as shall within their proper use and meaning entitle the Company to
the use thereof for the purposes of installing or transmitting the Company’s Cable Service or
other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary and pertinent to the
Cable System. Reference herein to “Public Way” or “Street” shall not be construed to be a
representation or guarantee by the Municipality that its property rights are sufficient to permit its
use for any purpose, or that the Municipality shall gain or be permitted to exercise any rights to
use property in the Municipality greater than those already possessed by the Municipality.
39. Signal: Any transmission of electromagnetic or optical energy which carries Video
Programming from one location to another.
40. State: The State of Maine.
41. Subscriber: Any person, firm, corporation, or other entity who or which elects to
subscribe to for any purpose, a Cable Service provided by the Company by means of, or in
connection with, the Cable Television System.
42. Subscriber Network: The (____ MHz) bi-directional-capable network to be owned and
operated by the Company, over which Cable Service(s) can be transmitted to Subscribers.
43. Transfer: The disposal by the Company directly or indirectly, by gift, assignment, sale,
merger, consolidation or otherwise, of the ownership or control of the System or of the Franchise
Agreement to a Person, or a group of Persons acting in concert.
44. Two-way Capability: The ability to transmit Signals upstream and downstream on the
Cable System.
45. Upstream Channel: A channel over which Signals travel from an origination point to a
system distribution point.
46. Upstream Transmission: Signals traveling from origination points on the Cable System
to a cable distribution point.
Typical PEG Access Equipment / Facilities
This list generalizes the equipment and conditions for most PEG access facilities as of August
2009. Changes in technology will mandate changes to this list over time. In addition, each
Municipality will have different needs and some elements on this list will not be necessary.
Facility staffing, while not listed below, is an important component for a successful operation.
Studio/Control Room:
• cameras with tripods
• video tape / DVD recorder
• audio mixing board – headphones
• Intercom for communications with camera people / floor director
• studio control room switcher
• Character generator
• Studio lights, a Light Grid, with suitable power supply – 200 Amp + depending on lights
used..
• Appropriate support equipment and accessories including but not necessarily limited to
cables, cords, microphone stands and booms, studio furnishings,
• studio color monitor and audio speaker,
• preview and program color monitor,
• DVD player, CD player;
• (shared with portable) hand and Lavaliere microphones and audio cables;
• test/signal equipment including distribution amps, audio amplifiers, and waveform
monitor/vector scope/processing gear for cablecasting;
• camera monitors, and monitors for record deck and character generator;
• Environmental controls – air conditioning to keep facility and equipment cool
• All equipment loaded to a single phase in the building power distribution to prevent
ground loops
• UPS for maintaining power to the equipment during momentary power outages
• Direct Telephone access
• Security
Editing:
• Non-linear edit suite, including one deck, monitors, amplified speakers, removable data
storage
• Internet connection for software updates and for getting other web content
Playback:
• Automated controller or digital encoder and server or other devices for recording,
archiving and replaying programs.
• Bulletin Board device for dissemination of announcements
• Playback devices in suitable formats - DVD Players
• Color monitor with audio and Tuner
• Laser transmitter or modulator for connection to the cable plant
• Time base corrector if analog (VHS) video tape machines will be used.
• Audio Level Master to regulate audio levels on the channel (ALM-771 by FM Systems)
• UPS to carry over for short time power outages
• Cable connection to monitor channel
• Telephone at the control point for troubleshooting purposes
Portable Production Equipment Capability
• camcorders – appropriate format and fluid head tripods;
• Batteries and battery charger
• Audio monitoring – Headphones for each camcorder,
• Cases for cameras and accessories
• lighting kits;
• wireless microphone system, including at handheld microphones/Lavaliere microphones;
• appropriate accessories, including but not limited to, cords, cables, microphone desk
stands, audio and video cables/connectors , cases, and equipment cart.
I-Net Hotlink Standards
1. PEG Use: Company shall make available a minimum of [__] channels in the return
direction and [__] channels in the forward direction on this I-Net. [__] of the forward
channels on this portion of the I-Net must be receivable by a standard cable-ready
television receiver. Grantor shall also make available equipment for the Schools to
utilize [__] of the return and [__] of the forward channels on the I-Net for video
distribution. This shall include [__] transmitting device(s), one for each channel, a
transmitter/receiver device for each channel at the I- Net hub location and at least [__]
appropriate receiving device(s) for field operations.
2. Data Use: Upon request by the Municipality, Company shall provide, [ ] of bandwidth
(which may be on the subscriber system) intended for linking all present and future
municipal buildings, schools and libraries within the Franchise Area into a single data
network. The design of this network, the amount of bandwidth and the date of completion
shall meet the identified needs of the Municipality and will be the result of discussions
between the municipality and the Company.
3. Company shall provide I-Net connections to the building locations listed in Exhibit [ ]
attached hereto, as requested by the Municipality provided such are considered to be a
standard installation and absent of other unusual installation conditions and requirements.
The buildings must be owned and/or occupied by the municipality or providing municipal
services out of said building.
4. All I-Net Drops, designated in Appendix [__], or subsequently requested that are within
one hundred twenty-five feet (125’) of the I-Net shall be installed and activated free of
any charges. Any such connections to the I-Net that are greater than one hundred twenty-
five feet (125’) from the I-Net shall be installed and activated at cost as listed in
Appendix [__], attached hereto and made a part hereof.
5. Upon Request by the municipality, Company shall provide, free of any charges, an
activated I-Net Drop to any newly constructed or newly designated Municipally owned,
or occupied, building or school.
6. The Municipality may additionally designate, from time-to-time, in writing, other public
institutions to be provided with an activated I-Net Drop, free of any charges.
7. Other than those buildings listed in Appendix [__], all other connections to the I-Net shall
be completed within thirty (30) days after receiving any necessary third party permits
required for such connection. Application for such permits shall be made by the
Company no later than thirty (30) days after receipt of the written request for connection
from the Municipality.
8. The internal locations of all such I-Net terminations shall be determined by the
Municipality or its designee and in no case will exceed 20 feet in any direction from the
point of attachment to the building.
9. Company shall maintain the I-Net to all FCC technical specifications and at standards
applicable to the Subscriber Network. Standby power shall be at the same standards
applicable to the Subscriber Network.
10. The Company shall provide at no cost to the Municipality, upon written request, within
thirty (30) days, all necessary wire, connectors, amplifiers, splitters and wall plates to
enable the Municipality to wire any and all Municipal buildings to receive I-Net Service.
The Company shall advise the Municipality and provide assistance for the proper wiring
and installation of said wiring and service to the locations in the Municipal buildings and
shall terminate all wire ends at no cost to the Municipality.
11. Company shall provide company personnel, from time to time upon reasonable request
and free of charge, for technical consulting services to interested Municipal departments
concerning operation and use of the I-Net.
12. Company shall make its best efforts, to the extent technically feasible, to interconnect the
I-Net with similar networks in neighboring communities as soon as possible following a
request for such connection(s) from the municipalities that agree to be connected.
13. At the beginning of the fifth year of the franchise the Company and the Municipality
shall meet to discuss the need to extend or enhance the I-Net system with additional
bandwidth, building connections or technology improvements. If the Municipality
determines that the need for such an upgrade is justified, then the Company shall be given
a maximum of [ ] to implement such upgraded I-Net capability.
14. In the event more than one Company is offering service within the Franchise Area, the
costs associated with the operation and maintenance of I-Net facilities shall be
proportionately borne by all Companies offering service within the municipality to the
extent that duplication of an existing I-Net can be avoided unless otherwise agreed.
A service or equipment of equal value may be provided by the new Company, for
example, PEG equipment or I-Net expansion in an un-served area may be provided to the
municipality or the local school system, etc.