Maine Model Cable TV Franchise Agreement

Training for: Legal Notes

We weren’t aware of it until recently, but the State has developed and posted a Maine Model Cable TV Franchise Agreement. The model agreement and related information can be found at http://www.maine.gov/connectme/communities-resources/resources.

The model is just that – a sample or example. Municipalities and cable system operators may use the agreement or any of its provisions if they wish, but they’re not required to and may negotiate their own agreement instead.

Municipalities must have a cable television franchise ordinance in place before entering into a cable television franchise agreement (see 30-A M.R.S.A. § 3008(4)). The municipal officers (selectmen or councilors) have the exclusive authority to adopt such ordinances. They must give at least seven days’ notice of the meeting at which the ordinance is to be enacted, in the same manner as provided for town meetings (see 30-A M.R.S.A. §§ 2521, 2523).

Cable television franchise ordinances are one of several types of ordinances that the municipal officers have exclusive authority to enact. Others types include traffic and parking ordinances, general assistance ordinances, and road weight limit ordinances, among others (see “Municipal Officers’ Legislative Authority,” Maine Townsman, Legal Notes, May 1999).

Cable television franchise ordinances are also one of a variety of ordinances required by State law. General assistance ordinances, shoreland zoning ordinances, and street addressing ordinances are other examples (see “Eight Required Ordinances,” Maine Townsman, Legal Notes, January 2015).

For a detailed guide to ordinance enactment procedures, see our “Information Packet” by that title, available free to members at www.memun.org. (By R.P.F.) 

We weren’t aware of it until recently, but the State has developed and posted a Maine Model Cable TV Franchise Agreement. The model agreement and related information can be found at http://www.maine.gov/connectme/communities-resources/resources.

The model is just that – a sample or example. Municipalities and cable system operators may use the agreement or any of its provisions if they wish, but they’re not required to and may negotiate their own agreement instead.

Municipalities must have a cable television franchise ordinance in place before entering into a cable television franchise agreement (see 30-A M.R.S.A. § 3008(4)). The municipal officers (selectmen or councilors) have the exclusive authority to adopt such ordinances. They must give at least seven days’ notice of the meeting at which the ordinance is to be enacted, in the same manner as provided for town meetings (see 30-A M.R.S.A. §§ 2521, 2523).

Cable television franchise ordinances are one of several types of ordinances that the municipal officers have exclusive authority to enact. Others types include traffic and parking ordinances, general assistance ordinances, and road weight limit ordinances, among others (see “Municipal Officers’ Legislative Authority,” Maine Townsman, Legal Notes, May 1999).

Cable television franchise ordinances are also one of a variety of ordinances required by State law. General assistance ordinances, shoreland zoning ordinances, and street addressing ordinances are other examples (see “Eight Required Ordinances,” Maine Townsman, Legal Notes, January 2015).

For a detailed guide to ordinance enactment procedures, see our “Information Packet” by that title, available free to members at www.memun.org. (By R.P.F.)