§ 138-57. Franchise agreement; minimum requirements.

A. 

An MCS provider subject to the Town's franchising, licensing or permitting authority may not lay or use any cable (whether coaxial, fiber, or a functional equivalent) until the franchise or other agreement, license or permit is fully executed and is in effect, including approval by the PSC as may be applicable.

B. 

A franchise, other agreement, license or permit shall be sufficiently detailed so to clearly delineate the rights, duties and obligations of the parties concerned.

C. 

As permitted, and as may be applicable to a particular class or type of MCS provider, a franchise, other agreement, license or permit shall, at a minimum, contain and address the following matters, as well as any requirements in accordance with Part 591 of the PSC's rules, or other rules of the PSC as may be applicable at any time:

(1) 

A detailed definition of "gross revenue" in order to determine what revenues are subject to any franchise, other agreement, license or permit fee or alternative user charge;

(2) 

The term or duration of the franchise, other agreement, license or permit;

(3) 

Indemnity and hold harmless;

(4) 

Insurance;

(5) 

Performance and completion bonds or security deposits;

(6) 

Service area;

(7) 

Construction, upgrade or rebuild schedule;

(8) 

Compensation, including franchise, other agreement, license or permit fees;

(9) 

Continuity of service;

(10) 

Assignment of an existing franchise, other agreement, license or permit;

(11) 

Repeal of prior inconsistent franchise, other agreement, license or permits;

(12) 

Severability;

(13) 

Force majeure;

(14) 

Reference to the law and rules that governs the franchise, other agreement, license or permit;

(15) 

Any exemptions or relief from this chapter as may be granted, or any ordinance clarifications noted with respect to the MCS provider's operation of a multichannel system; and

(16) 

An effective date.

D. 

The Town reserves the right to require, without limitation, additional matters, issues and subjects to be contained in a franchise, other agreement, license or permit, as may be reasonably deemed necessary or in the interest of the Town and its residents, subject to applicable state and federal law and rule.