1.State policy.
It is the policy of this State, with respect to cable television systems:
1-A.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
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.
3.General requirements.
The following requirements apply generally to cable television systems governed by this section.
4.Franchise procedures.
Pursuant to subsection 2, a municipality may enact ordinances governing the procedures for granting franchises to video service providers. These ord
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1.
State policy.
It is the policy of this State, with respect to cable television systems:
1-A.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
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.
3.
General requirements.
The following requirements apply generally to cable television systems governed by this section.
4.
Franchise procedures.
Pursuant to subsection 2, a municipality may enact ordinances governing the procedures for granting franchises to video service providers. 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:
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 provided for under this subsection, including the grant of nonexclusive franchises for a period not to exceed 15 years, for the placing and maintenance of cable television systems and appurtenances, or parts thereof, in public ways and including contracts with video service providers that receive the services of television signal transmission offered by any public utilities using public ways for such transmission. A video service provider may not offer or provide its services within a municipality unless it has entered into a franchise agreement or contract with the municipality pursuant to this subsection. A public utility may not be required to contract with the municipal officers under this subsection. Any new, renewed or amended franchise must contain the following provisions:
5-A.
Franchise fees.
Any new, renewed or amended franchise agreement or contract between a municipality and a video service provider that includes provisions requiring payment of any franchise fees by the video service provider to the municipality must include the following provisions.
6.
Current ordinances and agreements.
7.
Model franchise agreement.
The Department of Administrative and Financial Services, Office of Information Technology, or a successor state agency, referred to in this subsection as "the office," shall develop and may update and amend a model franchise agreement for use by any municipality and any video service provider that mutually choose to adopt the model franchise agreement or any of its provisions. A video service provider may not modify or amend the model franchise agreement without the consent of the municipality. 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:
8.
Authorized judicial actions; statute of limitations.
A violation of this section constitutes a violation of the Maine Unfair Trade Practices Act.
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 2007, c. 548, §1 (AMD). PL 2019, c. 245, §§1-4 (AMD). PL 2019, c. 308, §1 (AMD). PL 2023, c. 502, §§1-14 (AMD). RR 2023, c. 2, Pt. A, §46 (COR).