Conditions imposed on applicant

Checkout our iOS App for a better way to browser and research.

  • Before a franchise can be issued by the Commission, the applicant for a franchise must agree in writing to the following:
    • (a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improvements in and along the routes authorized by the Commission.

    • (b) It will indemnify and hold the territory harmless from any claims for injury and damages to persons or property caused by the installation, operation, or maintenance by the cable television company of any structure, equipment, wire or cable.

    • (c) It shall carry insurance with companies which shall indemnify the territory and itself from any claims for injury or damage to persons or property, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires, or cable by the cable television company. The amount of such insurance against liability for damage to property shall not be less than five hundred thousand dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than five hundred thousand dollars on account of injury to or death of any one person and five hundred thousand dollars on account of injury to or death of any number of persons in any one accident.

    • (d) It shall not engage in the business of selling or repairing television or radio sets.

    • (e) It shall provide a cable drop, an outlet, and cable service along its cable routes at no cost to public schools, police and fire stations, public libraries, and other public buildings designated in writing by the Commission.

    • (f) Upon termination of the franchise or of any renewal thereof, it shall remove its supporting structures, poles, transmission and distribution systems and other appurtenances from all areas in which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the Commission may deem any property not removed as having been abandoned and the franchisee shall forfeit his performance bond or so much thereof as required by the Commission, to accomplish such removal.

    • (g) Whenever it takes up or disturbs any pavement, sidewalk or other improvement, the same shall as soon as practicable be replaced and the surface restored to as good condition as before entry. The Commission shall fix a reasonable time for such restoration and repairs. Upon failure of the franchisee to comply within the time specified, the Commission may cause proper restoration and repairs to be made and the expense of such work shall be borne by the franchise and the franchisee shall forfeit his performance bond or so much thereof as required by the Commission, to accomplish such restoration and repairs.

    • (h) It shall not remove any television antenna of any subscriber, but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and non-cable reception.

    • (i) Whenever it transposes any television signal from the channel on which it was originally broadcast so that it is received on a different channel on the receiving sets of subscribers, it shall at least one month prior to such transposition notify its subscribers in writing of such transposition.

    • (j) If it permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or to originate and disseminate political campaign material, it shall afford equal opportunities to all other candidates for the same office to use such facilities. If it permits any person to originate and disseminate any views concerning an issue of public importance, it shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. This subsection shall not apply to any access channel provided by the franchisee, and the Commission shall be guided by and its decisions shall be consistent with those of the Federal Communications Commission under similar provisions of The Communications Act of 1934, as amended, and of policies established by the Federal Communications Commission.

    • (k) Before commencing construction of any new system, or additional construction exceeding an estimated cost of one hundred and fifty thousand dollars on an existing system it shall submit to the Commission a bond. The conditions and terms of said bond shall be:

      • (1) the satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n) of this section;

      • (2) the indemnity of the territory in accordance with the provisions of subsection (b) of this section;

      • (3) the satisfactory removal of its system in accordance with the provisions of subsection (f) of this section;

      • (4) the satisfactory restoration of all areas in accordance with the provisions of subsection (g) of this section.

    • (l) In the event its service to any subscriber is interrupted for twenty-four or more consecutive hours, it will grant such subscriber a prorated credit or rebate; provided, however, that such credits or rebates apply only in the case of cable related service interruptions and do not apply to service interruptions caused by the subscriber or by any third party, specifically electric utility failures, outages, surges or disruptions; and provided, further, that the subscriber has notified the franchisee of the interruption within 24 hours of the commencement of the interruption.

    • (m) The completion of construction in all of the contiguous area set forth in the franchise which has a density of at least fifteen (15) homes per strand mile, within four years after the franchise is granted under the provisions of this chapter. In the event that residents living in noncontiguous areas with a density of less than fifteen (15) homes per strand mile desire cable service, the franchisee shall provide cable service to such residents if said residents pay all reasonable construction costs incurred in providing cable service to their homes. The franchisee may require advance payment for such construction.

    • (n) The area to be served as set forth in the franchise which has a density of at least fifteen (15) homes per strand mile contiguous to the established trunk line cable shall annually be wired and provided service in not less than twenty-five percent of the area specified until said service is complete and available in said area in compliance with the provisions of subsection (m) of this section.

    • (o) The maintenance of a local representative in the district served.


Download our app to see the most-to-date content.