§ 138-56. Authority to grant nonexclusive franchises; required permitting.

A. 

Consistent with Section 621(a)(1) of the Cable Act (codified at 47 U.S.C. § 541), the Town Board may award one or more nonexclusive multichannel service franchises or other agreements, licenses or permits within its geographical limits.

B. 

No franchise or other agreement, license or permit granting authority to construct and operate a multichannel system shall be exclusive.

C. 

An MCS provider's application shall be evaluated and approved or disapproved as part of a public proceeding and hearing which affords due process to the Town, the applicant, and the public, and which is in accordance with applicable federal or state laws, including any applicable rules of the PSC.

D. 

Within 90 days after the effective date of a franchise, or other agreement, license or permit, a franchisee or other MCS provider shall proceed with due diligence and its best efforts to obtain, at its own costs, all necessary permits, licenses, and authorizations which are required for the conduct of its business in the Town, including, but not limited to, any private easement agreements, any business licenses, utility joint use or attachment agreements, microwave carrier licenses, and any other permits, licenses and authorizations needed to lawfully operate a multichannel system within the Town.

E. 

A franchisee or other MCS provider shall have in its possession such permits, easements, agreements and licenses prior to the commencement of its multichannel system operations.