It shall be unlawful for any person to own, operate, or solicit subscribers for, any cable television system without first having obtained a franchise from the franchise authority. Violation of this Section shall be a misdemeanor.
 

For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning in intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory.

A. "Agency" means the Town Council or the person, department, or agency by the Council, by resolutions to act for it in administrative matters relating to cable television.

B. "Auxiliary services" means any communications service in addition to "regular subscriber services", including, but not limited to pay TV, burglar alarm service, data transmission, facsimile service, home shopping service, etc.

C. "Cable television system" or "CATV" System" is any facility that in whole or part receives directly, or indirectly, over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such service.

D. "Channel" is a band of frequencies 6 megahertz wide in the electromagnetic spectrum capable of carrying either one video-visual television signal and a few non-video signals or a large number of non-video signals.

E. "Federal Communication Commission", or "FCC" is the present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress.

F. "Franchise" is an authorization granted by the Town which permits the construction, operation and maintenance of a cable television system within the franchise area under terms not inconsistent with this Ordinance.

G. "Franchise area" means that portion of the franchise entity for which a franchise is granted under the authority of this Ordinance. The franchise area may or may not be conterminous with the franchise entity.

H. "Franchise authority" is the governing body of the franchise entity.

I. "Franchise entity" is the Town of Berwyn Heights, Maryland, as presently constituted and including any area henceforth added thereto during the terms of any franchise granted hereunder.

J. "Grantee" is any entity, its successors, heirs or assigns who shall be awarded a franchise in accordance with the provisions of this Ordinance.

K. "Gross revenues" means revenues derived directly or indirectly by a grantee from both regular subscriber service and auxiliary services.

L. "Gross subscriber revenues" means those revenues derived directly or indirectly by a grantee from the supplying of any or all subscriber service; that is, the installation fees, disconnect and reconnect fees, and fees for regular cable benefits including the transmission of broadcast signals and access and origination channels if utilized.

M. "Major stockholder" is a beneficial owner, directly or indirectly of 10 percent or more of the issued and out- standing voting stock of any corporation.

N. "Persons" are any people, firms, corporations, associations or other legally recognized entities.

O. "Public way" is the surface and the space above and below any public street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of- way, public utility easement, and any other public ground or water subject to the jurisdiction and control of the franchise entity.

P. "Regular subscriber service" is that service regularly provided to all subscribers. It includes all broadcast signal carriage, FCC-required access channel carriage including origination programming. It does not include specialized programming for which a per-channel charge is made.

Q. "Subscriber" means any person receiving any or all subscriber service.
 

A. The grantee shall pay, and by its acceptance of a franchise specifically agrees to pay, any and all damages or penalties which the Town may be legally required to pay as a result of grantee's installation, operation or maintenance of a franchise cable television system under this Ordinance whether or not the acts or omissions complained of are authorized, allowed or prohibited by the Town.

B. The grantee shall also pay all expenses incurred by the Town in defending itself with regard to any and all damages and penalties mentioned in subsection (A) above. These expenses shall include all out-of-pocket expenses, including reasonable attorneys' fees and the reasonable value of services rendered by any employee of the Town.

C. The grantee shall maintain, throughout the term of the franchise, liability insurance insuring the Town and the grantee with regard to all damages mentioned in subsection (A) above, caused by grantee or its agents, in such amounts as may be set forth in franchise.
 

Any CATV system to be constructed by a grantee shall be installed, maintained, and operated at all times in full compliance with the technical and channel capacity standards of the Federal Communications Commission. The results of annual performance tests conducted in accordance with Sec. 76.601 (c) FCC rules (or other section of the rules shall incorporate its substance) shall be retained for at least five (5) years and available for inspection by the Town.
 

The grantee shall, at all times:

A. Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the Town and County building, electrical, fire, health and plumbing codes, and in such manner that they will not interfere with any installations of the Town.

B. Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and public ways or places of the Town wherever situated or located.
 

Throughout the life of its franchise, a grantee shall:

A. Maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate and prompt service for all of its facilities.

B. Maintain a conveniently located business office and service center to which subscribers may telephone without incurring added message units or toll charges. This office shall be open during all usual business hours, and be so operated that complaints and requests for repairs or adjustments may be received by telephone at any time when any television signals are being broadcast.

C. Dispatch personnel to investigate all service complaints and equipment malfunctions within 24 hours and strive to resolve such complaints as promptly as possible. Planned interruption of service shall be only for good cause. Insofar as possible, planned service interruptions shall be preceded by notice, be of brief duration, and occur during minimum viewing hours.

D. Maintain a complete list of all complaints received and the measures taken to resolve them in form to be approved by agency. This list shall be available to the agency upon request.

E. Permit the agency to inspect and test the systems technical equipment and facilities upon reasonable (12-14 hours) notice.
 

A. Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a grantee shall be done under the supervision and direction of the agency under permits issued for work by the proper officials of the Town and shall be done in such manner as to give the least inconvenience to the inhabitants of the Town. The grantee shall, at its own cost and expense, and in a manner approved by the agency, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways and easements of the franchise entity. These maps shall be available for inspection at any time during business hours by the agency.

B. The grantee shall, at its own expense, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the Town by reason of traffic conditions, public safety, road construction, change of street grade, installation of sewers, drains, water pipes, power line, signal lines, tracks or any other type of municipal improvements provided, however, that the grantee shall, in all such cases, have the privilege of abandoning any property in place. If the Town requests substantial relocating, it shall compensate grantee in the amount of its relocation.

C. The grantee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes.

D. The grantee shall have authority to trim the trees upon and overhanging the public street so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that, at the option of the Town, such trimming may be done by it or under its supervision and direction, at the expense of the grantee.

E. In all sections of the franchise area where the cable wires, or other similar facilities of public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground to the maximum extent that existing technology reasonably permits.
 

Concurrently with the acceptance of its franchise, a grantee shall file with the Town a bond with an acceptable surety in an amount designated by the Town to indemnify the Town against any losses it may suffer in the event the grantee fails to comply with one or more of the provisions of its franchise. Said bond shall be obtained at the sole expense of the grantee and remain in effect for the full term of the franchise or any renewal thereof, plus an additional six (6) months thereafter.
 

The Town shall be entitled to collect a franchise fee in such amount, as may be established from time to time by the Council, for each franchise granted.
 

The Town shall be empowered to include as part of any franchise, such terms and conditions as it deems beneficial to the subscribers in the franchise area; including the regulations of rates charged to such subscribers.
 

A. Provide at least one service outlet to all municipal facilities, libraries and schools within its franchise area at no cost to the Town, library or schools involved.

B. Make its facilities immediately available to the Town upon request during the course of any emergency or disaster.
 

The Council shall establish the duration of each franchise granted under this Ordinance and the terms and conditions for any renewal thereof.
 

1. It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs or sound with the Town.

2. It shall be unlawful for any person to make or use any unauthorized connections, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable television system within the Town for the purpose of enabling himself or others to receive any television signal, picture, program or sound, without authorization of the grantee, owner of said system.
 

This Ordinance shall not prohibit the erection or continued use of individual television antennas, nor require any person to receive cable television service or connect with a cable television system.
 

The Council shall have the right to delegate any right, benefit, duty, obligation or power under this Ordinance to the agency or any employee, officer, or department of the Town.
 

The Council shall have the authority to promulgate such rules and regulations as are necessary to implement, administer and enforce this Ordinance, and any franchise granted hereunder.
 

In addition to the rights and powers pertaining to the Town contained in any franchise, the Town shall have the right to terminate and cancel a franchise, it the grantee:

A. Refuses to obey any duly promulgated rule, order or resolution of the Council or agency made pursuant to a franchise or this Ordinance.

B.   Becomes insolvent, unable or unwilling to pay its debts or is adjudged as bankrupt.

C.   Attempts to evade any of the provisions of a franchise or practices any fraud or deceit upon the Town.

Provided, however, that before any franchise may be terminated or canceled under this Section, the grantee shall be entitled to a hearing before the Town Council.