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Sebago Maine Town Seal
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Cable Television Ordinance Section 5
Town’s Retained Rights and Authority
11282018_101805_0.jpg(a) Right to Grant Additional Franchises. Grantor expressly reserves the right to grant other such Franchise Agreements in the Town of Sebago on such terms as it deems appropriate and to operate a Town-owned Cable System. No privilege or power of eminent domain is bestowed upon a Cable Operator by the granting of a Franchise.

(b) Exercise of Police Power. All rights and privileges granted in any Franchise Agreement are subject to the police power of the Town to adopt and enforce local laws, ordinances, rules and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the Town is the right to adopt, in addition to the provisions of any Franchise Agreement, this Ordinance and any other existing laws, ordinances and regulations (collectively “laws”), such additional laws as it may find necessary in the exercise of its police power. Any conflict between the terms of any Franchise Agreement and any present or future exercise of the Town’s police and regulatory powers shall be resolved in favor of the latter.

(c) Use of Public Ways. The right to use and occupy the Streets, Public Ways and public places granted in any Franchise Agreement shall not be exclusive, and the Town reserves the right to grant similar or other uses of the said Streets, Public Ways and public places to any Persons at any time during the term of any Franchise Agreement.

(d) Conflict With Public Works. The rights and privileges granted to a Cable Operator in any Franchise Agreement shall not be in preference or hindrance to the right of the Town or any other governmental agency, improvement district or other authority having jurisdiction, to perform or carry on any public works or public improvement. Should a Cable Operator’s Cable System in any way interfere with the construction, maintenance or repair of such public works or improvements, the Cable Operator shall, at its own expense, protect or relocate its Cable System or part thereof, as directed by the Town or other authority having jurisdiction.

(e) Removal and Relocation. The Town shall have the power at any time to order and require a Cable Operator to remove or relocate any pole, wire, cable or other structure machinery or equipment located within a public way that is dangerous to life or property. In the event that a Cable Operator, after notice, fails or refuses to act within a reasonable time, the Town shall have the power to remove or relocate the same at the sole cost and expense of the Cable Operator.