City of Louisiana, MO
Pike County
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Table of Contents
Table of Contents

Section 630.010 Short Title.

[R.O. 2008 §630.010; CC 1988 §17-221; Ord. No. 6185 §2(1), 5-8-1978]
This Chapter shall be known and may be cited as the "Broadband Telecommunications Franchise Enabling Ordinance".

Section 630.020 Definitions. [1]

[R.O. 2008 §630.020; CC 1988 §17-222; Ord. No. 6185 §2(2), 5-8-1978]
For the purpose of this Chapter, the following terms, phrases and words and their derivatives shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number.
ADDITIONAL SERVICE
Any communications service provided by a grantee over its broadband telecommunications network for which a special charge is made based on program or service content, time or spectrum space usage, and shall include all service offered by the grantee that is not included within the "basic service".
ANNUAL GROSS SUBSCRIBER REVENUES
All revenues received by a grantee, its affiliates or subsidiaries from and in connection with the operation of the broadband telecommunications network in the City, as that term is currently interpreted by the Federal Communications Commission. If or when the Federal Communications Commission or a court of competent jurisdiction modifies the current interpretation, this definition may also be altered to include or exclude revenue from other sources as may be permitted by such modification.
BASIC SERVICE
All communications services provided by a grantee including the delivery of broadcast signals and programming originated over the network, covered by the regular monthly charge paid by all subscribers.
BROADBAND TELECOMMUNICATIONS NETWORK
All of the component physical, operational and programming elements of any network of cables, optical, electrical or electronic equipment, including cable television, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the City.
CITY
This City, and such reorganized, consolidated, enlarged or reincorporated form. Any act to be performed by the City shall be deemed to be performed by the Council of the City unless otherwise specifically designated or unless this Council shall specifically designate other individuals or governmental agencies to perform such acts.
COMMENCE CONSTRUCTION
Time and date when construction of the broadband telecommunications network is considered to have commenced, which shall be when the preliminary engineering (strand mapping) or network design is initiated, and after all necessary permits and authorizations have been obtained and contracts and documents entered into and the Federal Communications Commission certification obtained for the construction and operation of the broadband telecommunications network.
COMMENCE OPERATION
Time and date when operation of the broadband telecommunications network is considered to have commenced, which shall be when sufficient distribution facilities have been installed so as to permit the offering of full network service to at least twenty-five percent (25%) of the dwelling units located within the service area.
COUNCIL OR CITY COUNCIL
The City Council of this City or such other legally appointed or elected successor or agency constituting the Governing Body of the City.
FEDERAL COMMUNICATIONS COMMISSION
Includes any legally appointed or elected successor.
FRANCHISE PAYMENT
Includes all charges imposed for a franchise.
FULL NETWORK SERVICE
All basic services and additional services offered by a grantee.
GRANTEE
Any person receiving a franchise under this Chapter and under the granting franchise ordinance, collectively hereinafter called the "franchise", which franchise shall include those rights, powers, privileges, duties, liabilities and obligations granted to and imposed upon a grantee.
PERSON
An individual, partnership, association, organization, corporation or any lawful successor, transferee or assignee of such individual, partnership, association, organization or corporation.
REASONABLE NOTICE
Written notice addressed to a grantee at its principal office in this City or such other office as a grantee has designated to the City as the address to which notice should be transmitted to it, and the City shall be the City Clerk, which notice shall be certified and postmarked not less than four (4) days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing such four (4) days, Saturdays, Sundays and holidays recognized by the City shall be excluded.
REASONABLE ORDER
Written orders, not excessive or extreme as to costs or time to comply, governed by sound thinking.
SALE
Includes any sale, exchange, barter or offer for sale.
SERVICE AREA
The geographic area within the incorporated limits of the City.
STREET
Each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time.
SUBSCRIBER
Any persons receiving either basic service or additional service from a grantee under the schedule of charges filed with and/or approved by the City.
SUBSTANTIALLY COMPLETED
Occurs when sufficient distribution facilities have been installed by the grantee so as to permit the offering of full network service to at least ninety percent (90%) of the dwelling units in the service area.
[1]
Cross Reference — Definitions and rules of construction generally, §100.060.

Section 630.030 Franchise — Generally.

[R.O. 2008 §630.030; CC 1988 §17-223; Ord. No. 6185 §2(3), 5-8-1978]
A. 
Required. No person shall construct, install, maintain or operate on or within any street, any equipment or facilities for the distribution of television signals or radio signals or other intelligences, either analog or digital over a broadband telecommunications network to any subscriber unless a franchise authorizing the use of the streets has first been obtained pursuant to the provisions of this Chapter and thereafter only while such person is legally operating under the terms and provisions of such franchise.
B. 
Review Of Qualifications. Specific permission to operate a broadband telecommunications network under the provision of this Chapter may be granted by the Council pursuant to the terms and provisions of this Chapter, and only after the grantee's legal, character, financial, technical and other qualifications, including but not limited to, adequacy and feasibility of its construction plans have been reviewed.
C. 
Duration. Any franchise which is granted under this Chapter shall take effect as provided in Section 630.080 and shall continue in full force and effect for a term of fifteen (15) years subject, however, to the right of the City to terminate such franchise as provided in this Chapter.
D. 
Reviews. On or about the fifth (5th) and tenth (10th) anniversaries of the effective date of a franchise granted under this Chapter, the City will schedule and hold a public meeting or meetings with the grantee to review the performance by the grantee under the franchise including future plans of operation and performance. The grantee shall make available to the City, if requested by the City, such records, documents and information which are relevant to such meeting and inquiry. The City may implement those necessary amendments to the franchise, if any, that result from such meeting providing that both the City and the grantee are agreeable to such amendment.
E. 
Review Of Prior To Expiration. Review of a franchisee's performance prior to expiration of its franchise shall be conducted as follows:
1. 
Public meetings to be scheduled. At least six (6) months prior to the expiration of a franchise, the City shall schedule and hold a public meeting or meetings with the grantee to review and discuss the performance of the grantee under the franchise including the results following previous franchise reviews. The grantee shall make available, if requested by the City, such records, information and documents which are relevant to such meeting and inquiry.
2. 
Determination on reissue. At least five (5) months prior to the expiration of the franchise the City shall advise the grantee whether or not the franchise reissuance shall be based solely upon negotiations by and between the grantee and the City. The failure to reissue such a franchise, however, shall not prohibit the grantee from applying for a new franchise in competition with other applicants for a franchise in the event the City decides to consider proposals from new applicants for the franchise.

Section 630.040 Franchise — Significance.

[R.O. 2008 §630.040; CC 1988 §17-224; Ord. No. 6185 §2(4), 5-8-1978]
A. 
Non-Exclusive. Any franchise granted hereafter by the City shall not be exclusive and the City reserves the right to grant a similar franchise to any other person at any time.
B. 
Amendable. Any franchise granted under this Chapter may be amendable from time to time to allow the grantee to innovate and implement new services and developments.
C. 
Privileges Must Be Specified. No privilege or exemption shall be inferred from the granting of any franchise unless it is to require the granting of a franchise when, in the opinion of the City, it would not be in the public interest to do so.
D. 
Authority Granted. Any franchise granted under this Chapter shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under the streets, such towers, antennas, cables, electronic equipment, and other network appurtenances necessary for the operation of a broadband telecommunications network in the City; provided however, that the exercise of such right and privilege shall not interfere with the use of such streets by the City and such others as designated by the City to use such streets, and the City may at any time demand the removal of the foregoing as have been constructed by the grantee at any time the City believes that such is interfering with the use of the streets. The City makes no warranties whatsoever in the event a court of competent jurisdiction or other legal authority determines that the City does not have power to grant the use of such streets for this purpose.
E. 
Consent Prior To Transfer. Any franchise granted under this Chapter shall be a privilege to be held for the benefit of the public. Such franchise cannot in any event be sold, transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior consent of the City, and then only under such conditions as the City may establish. Such consent as required by the City shall, however, not be unreasonably withheld.
F. 
Consent Prior To Change Of Control. Prior approval of the City shall be required where ownership or control of a total of more than ten percent (10%) of the right of control of the grantee is acquired, disposed of or transferred by a person or group of persons acting in concert. Transfer from a subsidiary to a parent corporation or vice-versa shall not be considered as a change of control.
G. 
Mortgage Or Pledge Of Network. Nothing in this Chapter shall be deemed to prohibit the assignment of the franchise, mortgage or pledge of the network or any part thereof for financing purposes or otherwise. However, any such assignment, mortgage, pledge or lease shall be subject to the rights of the City under this Chapter.
H. 
Previous Rights Abandoned. The acceptance of a franchise under this Chapter shall constitute an abandonment of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled or exercisable by a grantee or any successor pertaining to the construction, operation or maintenance of a broadband telecommunications network in the City.
I. 
Pole And Conduit Use Agreements Required. Any franchise granted under this Chapter shall not relieve the grantee of its obligation to obtain necessary pole or conduit use agreements from such utilities as the electric company and the telephone company whenever it is necessary for the grantee to make use of said poles or conduits.
J. 
No Right Of Property. Anything contained herein to the contrary notwithstanding, the award of any franchise under this Chapter shall not impart to the grantee any right of ownership of streets or City-owned property.
K. 
Binding. Any franchise granted hereunder shall be binding upon the grantee, and all successors, lessees or assignees as may be approved by the City.
L. 
Compliance With Law, Rules And Regulations. A grantee, at its expense, shall comply with all laws, orders and regulations of Federal, State and municipal authorities and with any directive of any public officers pursuant to law who shall legally impose any regulation, order or duty upon the grantee with respect to the franchise.

Section 630.050 Franchise — Operation.

[R.O. 2008 §630.050; CC 1988 §17-225; Ord. No. 6185 §2(5), 5-8-1978]
A. 
Service Records Maintained. A grantee under this Chapter shall, at all times, maintain a log of all complaints received and interruptions or degradation of service experienced for a period of three (3) years from the date of occurrence.
B. 
Grantee Rules, Regulations. Providing such do not in any way lessen or abrogate the obligations of a grantee under its franchise, a grantee shall have authority to promulgate such rules, regulations, terms and conditions as it deems necessary in order to operate the franchise granted under this Chapter. Copies of all rules, regulations, terms and conditions including subscriber agreements together with any amendments, additions or deletions thereto shall be kept on file with the City. In addition, a copy thereof shall be maintained for public inspection during normal business hours at such grantee's office in the City and no such rules, regulations, terms, conditions, or amendments shall give notice of the office or officer of the City to whom complaints shall be directed.
C. 
Subscribers' Antennas. A grantee under this Chapter is expressly prohibited from requiring the removal or from offering to remove or to provide any inducements for removal of any potential or existing subscribers' antennas, as a condition for provision of service by the grantee.
D. 
Sale Or Service Of TV Receivers. During the period of the franchise, neither a grantee nor any of its affiliated, subsidiary or parent organizations, officers or directors or stockholders holding ten percent (10%) or more of outstanding stock of the grantee shall, within the corporate limits of the City or within ten (10) miles in any direction, directly or indirectly engage in the retail sale, renting or repairing of radio or television receivers, nor require, encourage or recommend to any subscriber to purchase, rent or lease radios or televisions at any specific business renting, leasing or selling radios or televisions or to utilize the services of any specific TV or radio service business for the repair or maintenance of the subscriber's receivers, either radio or TV, wheresoever located.

Section 630.060 Rights Reserved To The City.

[R.O. 2008 §630.060; CC 1988 §17-226; Ord. No. 6185 §2(6), 5-8-1978]
A. 
Grantee Agrees To City's Rights. The City, in granting a franchise under this Chapter, reserves such rights and powers which under applicable Federal, State or City law or regulations, the City must reserve and maintain. A grantee agrees to comply with any action or requirement of the City in the exercise of such rights and powers which either have been or shall, subsequent to the grant of its franchise, be enacted or established.
B. 
City's Transfer Of Function. The City may designate and transfer its obligations and duties under a franchise granted under this Chapter to any elected official, officer, employee, department, agent or board of the City and the grantee shall recognize the authority of any such transferee.
C. 
City's Right Of Monitoring. The City shall have the right to monitor the performance of the network measurements under Section 630.200 in order to ensure compliance with the terms of the franchise grant.

Section 630.070 Applications For A Franchise.

[R.O. 2008 §630.070; CC 1988 §17-227; Ord. No. 6185 §2(7), 5-8-1978]
A. 
Applications for an original franchise grant under this Chapter shall be filed with the City in accordance with the filing instructions promulgated by the City and shall contain the following written information and provisions:
1. 
Proposal bond and filing fee. Provision of the proposal bond as required in Section 630.140(A) and payment of non-refundable filing fee to the City of one hundred dollars ($100.00), which sum shall be due and payable concurrently with the request for application information.
2. 
Name and address of applicant. The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s).
3. 
Description of proposed operation. A general description of the applicant's proposed operation including, but not limited to: Business hours; operating staff, maintenance procedures beyond those required in this Chapter; management and marketing staff complement and procedures; and, if available, the rules of operation for public access.
4. 
Signal carriage. A statement of the television and radio services to be provided, including signals to be received via microwave, satellite, off-the-air and locally originated.
5. 
Special services. A statement setting forth a description of the automated services proposed as well as a description of the production facilities to be made available by the grantee for the public, municipal, and educational channel.
6. 
Programming assistance. A statement describing the hours of availability, if any, that a studio, studio equipment and network personnel will be made available to educational institutions and other similar agencies for programming.
7. 
Applicant organization. A statement detailing and setting forth the names and addresses of all persons having a proprietary or equitable interest in the franchise and in the event the applicant is a corporation, the names and addresses of the officers, directors and shareholders of such corporation together with the number of shares held by each shareholder, both nominal and beneficial owning ten percent (10%) or more of the outstanding shares of the corporation's outstanding stock.
8. 
Intracompany relationships. A statement describing all intracompany relationships of the applicant, if any, including parent, subsidiary or affiliated companies.
9. 
Agreements and understandings. A statement setting forth any agreements and understandings whether written or oral existing between the applicant and any other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal.
10. 
Financial statements. Audited financial statements for its two (2) latest fiscal years unless the applicant has not been in existence for at least two (2) years. In such case, the applicant shall furnish audited financial statements for such lesser periods of time covering the period that the applicant has been in existence. If the applicant is a partnership, audited financial statements shall include copies of the "U.S. Partnership Return of Income" (IRS Form 1965) for its latest two (2) fiscal years or such lesser period of time that such partnership has been in existence.
11. 
Financial projection. A ten (10) year operations pro forma financial statement which shall include estimated initial and continuing plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets, and annual levels of subscriber penetration. Costs anticipated for voluntary services or contributions shall, if presented, be incorporated in the pro forma financial statements as required in this Chapter, but shall be separately identified.
12. 
Financial support. Suitable written evidence advising that the required funds are available to applicant for construction and operation of the system if it is awarded a franchise. If the planned operation is to be internally financed, a corporate board resolution or statement from a qualified officer of the applicant shall be supplied.
13. 
Technical description. A technical description of the type of network proposed by the applicant including, but not limited to, network configuration (e.g., hub), network capacity, and two-way capability, studio, studio equipment and planned hours of operation.
14. 
Engineering statement. A statement from the applicant's senior technical staff member or consultant advising that he/she has reviewed the network description, construction standards and conditions of street occupancy as set forth herein and in the Code of Ordinances of the City, and that the applicant's planned network and operations thereof will meet all the requirements set forth herein.
15. 
Existing franchises. A listing of all existing franchises awarded the applicant in the past five (5) years indicating when the franchises were issued and when the systems were constructed in each respective governmental unit together with the name, address and phone number of a responsible governmental official knowledgeable of the applicant.
16. 
Convictions. A statement as to whether the applicant or any of its officers or directors or holders of ten percent (10%) or more of its voting stock has in the past ten (10) years been convicted of any crime which in any way may relate to such applicant's ability or competency to perform its obligations under this Chapter.
17. 
Operating experience. A statement detailing the prior CATV experience of the applicant including that of the applicant's officers, management and staff to be associated with the proposed operation.
18. 
Franchise renewal information. If an application is for renewal of a franchise, the proposal must include, in addition to the information required in Subsections (1) through (17) above:
a. 
A summary of the technical, financial and programming improvements in the network since the granting of the original franchise or since the present grantee assumed operational control of the network.
b. 
A statement and timetable that outlines all proposed changes, expansion or unimprovements in the network as to services, programming or technical specifications during the forthcoming five (5) year review period.
B. 
The application for a franchise shall respond specifically, and in sequence, to Subsections (A)(1) through (18) of this Section and shall be bound separately from any additional information proffered by the applicant. Ten (10) copies of the application shall be supplied to the City. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as the application in the same number of copies. The City may, at its discretion, consider such additional information as part of the application.
C. 
The City reserves the right to require such supplementary, additional or other information that the City deems necessary for its determinations.

Section 630.080 Acceptance and Effective Date of Franchise.

[R.O. 2008 §630.080; CC 1988 §17-228; Ord. No. 6185 §2(8), 5-8-1978]
A. 
Franchise Acceptance Procedures. Any franchise granted under this Chapter by the City by ordinance together with the rights, privileges and authority granted thereby shall take effect and be in force at the earliest possible date provided by law after passage by the City Council and approval of the Mayor; provided that, within thirty (30) days after such date, the grantee shall:
1. 
File with the City an unconditional acceptance of the franchise grant.
2. 
File a certificate of insurance as set forth in Section 630.130(E).
3. 
File an initial performance bond in accordance with the provisions set forth in Section 630.140(B), unless such bond requirement has been waived by the City.
4. 
Reimburse the City for the costs of publication of such ordinance.
5. 
Advise the City in writing of the grantee's address for mail and official notifications from the City.
6. 
Reimburse the City for its franchising expense in an amount as determined by the City. Such amount, however, shall be reasonable and based on direct costs incurred by the City.
B. 
Failure To Comply. If the grantee fails to comply in full with Subsection (A) of this Section, it shall be conclusively considered that the grantee has abandoned its application and rights to such grant and award of the franchise, and any such rights that the grantee may have acquired under the ordinance shall immediately terminate, and the grantee shall have no right, privilege or authority whatsoever under this Chapter. The amount of the proposal bond or certified check in lieu thereof as required by Section 630.140(A), submitted with its application shall be forfeited in full to the City as liquidated damages. If the grantee has prepaid the franchise expense as contemplated in Subsection (A)(6) of this Section, such shall be refunded to the grantee.
C. 
Grantee To Have No Recourse. The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this Chapter and the franchise ordinance or its regulation.
D. 
Acceptance Of Power And Authority Of City. The grantee, by acceptance of any franchise awarded hereunder, acknowledges that it has relied upon its own investigation and understanding of the power and authority of the City to grant this franchise.
E. 
Inducements Not Offered. The grantee, by acceptance of any franchise awarded under this Chapter, acknowledges that it has not been induced to accept the franchise on any understanding, promise or other statement, whether verbal or written, by or on behalf of the City concerning any term or condition of such franchise that is not included in this Chapter or in the franchise ordinance.
F. 
Grantee Accepts Terms Of Franchise. The grantee, by acceptance of any franchise awarded under this Chapter, acknowledges that it has thoroughly examined and is familiar with the terms and conditions of this Chapter and the granting ordinance.
G. 
Incorporation Of Application. The grantee, by acceptance of any franchise awarded under this Chapter, acknowledges and agrees that the matters contained in the grantee's application for franchise or supplement thereto, except as may be inconsistent with the FCC Rules and Regulations, law or ordinance, shall be incorporated into the franchise ordinance as though set out verbatim and shall thereafter be considered an integral part of such franchise ordinance in all communications, correspondence, filing of applications with all appropriate regulatory agencies, including the FCC.

Section 630.090 Termination of Franchise.

[R.O. 2008 §630.090; CC 1988 §17-229; Ord. No. 6185 §2(9), 5-8-1978]
A. 
Grounds For Revocation. The City reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this Chapter and the franchise grant:
1. 
If the grantee should default in the performance of any of its obligations under this Chapter or under the franchise ordinance or under such documents, contracts and other terms and provisions entered into by and between the City and the grantee.
2. 
If the grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages or the performance bond as required in Sections 630.130 and 630.140, respectively.
3. 
If any court of competent jurisdiction, the FCC or any State regulatory body by rules, decision, or other action determines that any material provision of the franchise documents, including this Chapter, is invalid or unenforceable prior to the commencement of construction as set forth in Section 630.170(B).
4. 
If the grantee should violate an orders or rulings of any regulatory body having jurisdiction over the grantee relative to this franchise.
5. 
If the grantee fails to receive necessary FCC certification.
6. 
If the grantee cease to provide services for any reason within its power over the broadband telecommunications network.
7. 
If the grantee becomes insolvent, enters into receivership or liquidation, files an application for bankruptcy or for composition of creditors, is unable or unwilling to pay its debts as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the network.
B. 
Procedure Prior To Revocation. Except for Subsection (A)(3) of this Section, the City may not revoke the franchise grant until reasonable notice is given by the City to the grantee of grantee's default, and grantee shall thereafter have thirty (30) days to remedy and cure such default or to initiate such remedy or cure to the satisfaction of the City.
C. 
Disposition Of Facilities. In the event a franchise expires, is revoked, or otherwise terminated the City may order the removal of the network facilities from the City within a period of time as determined by the City or require the original grantee to maintain and operate its network until a subsequent grantee is selected in accordance with Subsection (F) of this Section.
D. 
Restoration Of Property. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the company's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The City shall inspect and approve the condition of the public ways and public places, and cables, wires, attachments and poles after removal. The liability insurance and indemnity as provided under Section 630.130 herein and the performance bond provided under Section 630.140 herein shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this Subsection and this Chapter.
E. 
Restoration By City, Reimbursement Of Costs. In the event of a failure by the grantee to complete any work required by Subsection (C) of this Section and/or Subsection (D) of this Section, or any other work required by City law or ordinance within the time as may be established and to the satisfaction of the City, the City may cause such work to be done and the grantee shall reimburse the City the costs thereof within thirty (30) days after receipt of an itemized list of such costs or the City may recover such costs as provided in Section 630.140(B).
F. 
Extended Operation. Upon either the expiration or revocation of a franchise, the City may require the grantee to continue to operate the network for an extended period of time not to exceed six (6) months from the date of such expiration or revocation under the same terms and provisions as existed under the franchise grant to give the City sufficient time to make arrangements for a new grantee and to attempt to prevent an interruption of service. During such extended operation the City shall not be entitled to any revenue from the network other than that permitted under the provisions of Section 630.120.
G. 
Lesser Sanctions. Nothing shall prohibit the City in enforcing its rules and regulations to impose lesser sanctions or censures as set forth in Subsection (H) of this Section, for violations of provisions of the Chapter rather than revocation.
H. 
Penalties. For violation of material provisions of this Chapter, the following penalties shall be chargeable to the grantee:
1. 
For failure to file required plans or information, fifty dollars ($50.00) per day;
2. 
For failure to comply with reasonable orders of the City, fifty dollars ($50.00) per day;
3. 
For failure to complete construction or commence operations in accordance with the provisions of Section 630.170, fifty dollars ($50.00) per day;
4. 
For failure to provide service in accordance with the provisions of this Chapter, five hundred dollars ($500.00) per day; and
5. 
In the event the grantee disagrees with the imposition of a penalty, an appeal may be made to the City Council and, pending such appeal, no penalty shall be assessed.

Section 630.100 Regulatory Jurisdiction and Procedures.

[R.O. 2008 §630.100; CC 1988 §17-230; Ord. No. 6185 §2(10), 5-8-1978]
A. 
Continuing Regulatory Jurisdiction. The City shall have continuing regulatory jurisdiction and primary supervision over the operation of any franchise granted hereunder, including subscriber rates. However, it is recognized that the daily routine, administrative responsibilities and supervision of the franchise should be entrusted to the Mayor.
B. 
Regulatory Responsibilities Of The City. The City does hereby designate the Mayor to exercise the City's continuing regulatory and supervisory jurisdiction over the franchise and, in this regard, the Mayor shall have the following responsibilities and duties and such other responsibilities and duties that the City may assign and delegate to him/her:
1. 
Resolving complaints, disputes or disagreements between subscribers and the grantee after investigation, should the subscribers and the grantee not first be able to resolve the complaint, dispute or disagreement. The Mayor may delegate one (1) or more of his/her staff to resolve such complaints, disputes and disagreements. The grantee or subscriber may appeal any decision by the Mayor, his/her designee or designees to the City Council. If any matter in dispute over which the City shall have jurisdiction is duly submitted to a court of competent jurisdiction or State or Federal agency having regulatory jurisdiction over the grantee by any party to the dispute, within ten (10) days after this dispute has been ruled upon by the City and notice of the submission to such court has been duly given to the City, the City shall not have jurisdiction in such dispute for as long as such matter is pending before any such court or State or Federal agency.
2. 
Reviewing and auditing all reports and filings submitted to the City as required hereunder and such other correspondence as may be submitted to the City concerning the operation of the broadband telecommunications network and reviewing the rules and regulations set by the grantee under the provisions of Section 630.050.
3. 
Assuring that all tariffs, rates and rules pertinent to the operation of the broadband telecommunications network in the City are made available for inspection by the public at reasonable hours.
4. 
Conferring and coordinating with the grantee on the interconnection of the City's broadband telecommunications network with other similar networks.

Section 630.110 Reports and Records of The Grantee.

[R.O. 2008 §630.110; CC 1988 §17-231; Ord. No. 6185 §2(11), 5-8-1978]
A. 
Annual Reports Required. The grantee shall file annually, with the City, copies of:
1. 
An "Annual Report of Cable Television Systems", (FCC Form 325, Schedules 1, 2, 3, and 4).
2. 
A "Cable Television Annual Financial Report", (FCC Form 326).
B. 
Annual Facilities Report Required. The grantee shall file annually, with the City, a total facilities report setting forth the physical miles of plant constructed, rebuilt or in operation during the fiscal year. Such report shall also contain any revisions to the network "as built" maps filed with the City under the provisions of Section 630.240(I).
C. 
Service Record Report Required. The grantee shall, if requested by the City, file annually with the City, a list of all complaints and network "down time" received or experienced during the year. For the purposes of this provisions, a certified copy of the complaint logbook, required under the provisions of Section 630.050(A), reflecting all such incidents will suffice.
D. 
Certificate Of Performance. The grantee shall, if requested by the City, file with the City, not later than three (3) months after the network is substantially completed and within three (3) months after the end of each subsequent fiscal year, one (1) copy of a report on the network's technical measurements as set forth in Section 630.200.
E. 
Correspondence. The grantee shall file with the City a copy of each petition, application or communication transmitted by the grantee to, or received by the grantee from any Federal, State or other regulatory commissions or agencies having competent jurisdiction to regulate the operations of the broadband telecommunications network authorized hereunder.
F. 
City's Access To Records. The City shall have the right during the life of any franchise granted hereunder to have access during all normal business hours and upon the giving of reasonable notice, to the grantee's contracts, engineering plans, accounting, financial data, and service records relating to the property and the operations of the grantee in the City.
G. 
Subscriber Agreement. A copy of any standard form contract or agreement between the grantee and its subscribers shall be filed with the City.
H. 
Legal Proceedings. The grantee shall notify the City of any actions, suits, proceedings or investigations at law or in equity before or by a court, public board or body, pending or threatened against or affecting the grantee wherein a decision, ruling or finding would adversely affect the grantee's ability to construct or operate the broadband telecommunications network contemplated hereunder.

Section 630.120 Franchise Payment.

[R.O. 2008 §630.120; CC 1988 §17-232; Ord. No. 6185 §2(12), 5-8-1978]
A. 
Annual Franchise Payment. A grantee of a franchise under this Chapter shall pay to the City an annual fee in an amount equal to three percent (3%) of the annual gross subscriber revenues. Such payment shall be in addition to any other payment owed to the City by the grantee and shall not be construed as payment in lieu of personal or real property taxes levied by State, County or local authorities.
B. 
Method Of Computation. Sales taxes or any other taxes which are collected from subscribers by the grantee which are to be remitted by the grantee to a governmental agency shall be deducted from the gross subscriber revenue prior to the computation of the annual franchise payment. The payment due the City under the provisions of Subsection (A) of this Section shall be computed annually as of the end of the grantee's fiscal year for the preceding year and shall be paid not later than ninety (90) days after the end of the grantee's fiscal year at the office of the City Clerk during its regular business hours. The payment period shall commence as of the effective date of the franchise. In the event of a dispute, the City, if it so requests, shall be furnished a statement of such payment, by a certified public accountant, reflecting the, total amounts of annual gross subscriber revenues and the above charges, deductions and computations for the period covered by the payment.
C. 
Amendment Of Percentages. The annual franchise payment percentage designated in this Section may be amended no more than once every calendar year by the City. Any such amendment shall be consistent with increased costs for municipal regulation and supervision and applicable rules of the FCC and other regulatory agencies.
D. 
Rights Of Recomputations. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this Chapter or for the performance of any other obligation of the grantee.

Section 630.130 Liability and Indemnification.

[R.O. 2008 §630.130; CC 1988 §17-233; Ord. No. 6185 §2(13), 5-8-1978]
A. 
Indemnification Of City In Franchise Operation. The grantee shall indemnify the City and save the City harmless from and against all claims, damages, losses, and expenses, including attorneys' fees sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of, but not limited to, copyright infringements and all other damages arising out of the installation, operation or maintenance of the broadband telecommunications network authorized herein. For the purposes of this provision, the term "City" shall include its employees, agents, personnel and other persons authorized to work or perform services for the City.
B. 
Reimbursement Of Costs. The grantee shall pay all expenses incurred by the City in defending itself with regard to any claims, damages, losses or expenses as set forth in Subsection (A) of this Section, except as such claims, damages, losses, or expenses may arise from the franchising process. Those expenses shall include, but not be limited to, all out of pocket expenses, such as consultations or attorneys' fees and shall also include the reasonable value of any service rendered by any officer or employee of the City.
C. 
Public Liability Insurance. The grantee shall maintain a general comprehensive liability insurance policy naming as an additional insured the City, its officers, boards, commission, agents and employees, in a company mutually acceptable by the grantee and the City, in a form satisfactory to the City, protecting the City and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of the grantee under any franchise granted under this Chapter in the amount of:
1. 
One hundred thousand dollars ($100,000.00) for bodily injury or death to any one (1) person, within the limit, however, of three hundred thousand dollars ($300,000.00) for bodily injury or death resulting from any one (1) accident.
2. 
Two hundred thousand dollars ($200,000.00) for property damage resulting from any one (1) accident.
3. 
Workmen's Compensation insurance in such coverage as may be required by the Workmen's Compensation insurance and safety laws of the State and amendments thereto.
D. 
Notice Of Cancellation Or Reduction Of Coverage. The insurance policies referred to above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this Chapter and shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City by registered mail of written notice of such intent to cancel or reduce the coverage."
E. 
Evidence Of Insurance Filed With City. All policies of insurance or certified copies thereof and written notice of payment of required premiums shall be filed and maintained with the City during the term of any franchise granted under this Chapter or any renewal thereof.
F. 
No Waiver Of Performance Bond. Neither the provisions of this Chapter nor any insurance accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued under this Chapter or for damages, either to the full amount of the bond or otherwise.

Section 630.140 Bonds.

[R.O. 2008 §630.140; CC 1988 §17-234; Ord. No. 6185 §2(14), 5-8-1978]
A. 
Proposal Bond. Each applicant for a franchise under this Chapter if required by the City shall submit a proposal bond in a form acceptable to the City or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City in an amount of one thousand dollars ($1,000.00).
B. 
Performance Bond. The grantee shall maintain throughout the period of network construction, a faithful performance bond in favor of the City, with a surety approved by the City in the penal sum total of ten thousand dollars ($10,000.00) conditioned upon the faithful performance by the grantee of its obligations under this Chapter and the franchise. When the network construction is substantially completed as defined herein, the penal sum total of the performance bond shall be reduced to five thousand dollars ($5,000.00) through the remainder of the term of the franchise, or any renewal or extension thereof and upon the further condition that if the grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond. The City, at its sole discretion, may at any time subsequent to completion of construction, waive the requirement of the grantee to maintain such bond. The bond shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City by registered mail a written notice of such intent to cancel or not to renew."
C. 
Return Of Proposal Bond. Proposal bonds or certified checks received in lieu thereof from an applicant whose proposal is not accepted by the City shall be returned to the applicant as soon as the proposal is rejected. The proposal bond of a grantee shall be returned upon receipt by the City of the performance bond as set forth in Subsection (B) of this Section.
D. 
Bond Evidence To Be Filed With City. The performance bond or a certified copy thereof and written evidence of payment of the required premium shall be filed and maintained with the City during the term of any franchise granted under this Chapter, or any renewal thereof.

Section 630.150 Educational and Governmental Connection To The Broadband Telecommunications Network.

[R.O. 2008 §630.150; CC 1988 §17-235; Ord. No. 6185 §2(16), 5-8-1978]
A. 
Connection To Buildings. The grantee shall provide free of charge within the City one (1) connection and monthly service to said connection for the basic service offered by the grantee, as defined in Section 630.020, to each public school (elementary and secondary) each not-for-profit private or parochial school (elementary and secondary) and such municipal buildings as the City may designate.
B. 
Extension Within Buildings. Any service granted pursuant to Subsection (A) of this Section may be extended by the persons receiving such service to as many areas within the building where the service is granted or adjacent buildings which are a part of the total complex receiving such service; provided however, that such extensions shall only be used within such complex for educational and government purposes exclusively. The person receiving such service shall pay all expenses for any such extension and shall complete such extension so as not to interfere with the operation of the broadband telecommunications network.

Section 630.160 Extension of Network Within City Boundaries.

[R.O. 2008 §630.160; CC 1988 §17-236; Ord. No. 6185 §2(17), 5-8-1978]
A. 
Conditions Of Required Extension. After the grantee has substantially completed the construction of distribution facilities, as defined in Section 630.020, it shall thereafter, at its expense extend its broadband telecommunications network where there are sufficient potential subscriber dwelling units per linear mile so as to provide full network services to all residents of:
1. 
Newly annexed areas of the City not then served by the broadband telecommunications network.
2. 
New housing areas developed within the City limits.
B. 
Extension Policy. The grantee shall file with the City within ninety (90) days from commencement of operation, two (2) copies of an extension policy for potential subscribers for whom service is not required pursuant to Subsection (A) of this Section.

Section 630.170 Time For Performance.

[R.O. 2008 §630.170; CC 1988 §17-237; Ord. No. 6185 §2(18), 5-8-1978]
A. 
Permits. Within ninety (90) days after the effective date of a franchise grant as contemplated in Section 630.080, the grantee shall file with the appropriate governmental authorities and with the necessary utility companies, all initial papers, applications, contracts and other documents necessary to permit the commencement of construction and operation of the broadband telecommunications network, and shall thereafter make diligent efforts to obtain the proper execution and delivery of such documents. The grantee shall report to the City every ninety (90) days of its progress in obtaining necessary permits, contracts and other necessary documents as contemplated above.
B. 
Commencement Of Construction. Within ninety (90) days after the effective date of FCC certification, providing all other necessary permits and contracts have been obtained and entered into, the grantee shall commence the construction of the broadband telecommunications network and pursue such with reasonable diligence.
C. 
Commencement Of Operation. Within twelve (12) months after the commencement of construction, the grantee shall commence operation.
D. 
Substantial Completion Of Construction. Within twenty-four (24) months after the commencement of construction, the grantee shall have substantially completed construction.

Section 630.180 Network Description — Network Bandwidth.

[R.O. 2008 §630.180; CC 1988 §17-238; Ord. No. 6185 §2(19), 5-8-1978]
A grantee under this Chapter shall install a cable network having a minimum initial forward bandwidth in compliance with the technical standards and rules of the Federal Communications Commission. If a reverse or feedback circuit is routed through a subscriber's premises, it shall be connected so as to permit subscriber notification and deactivation.

Section 630.190 Network Technical Objectives.

[R.O. 2008 §630.190; CC 1988 §17-239; Ord. No. 6185 §2(20), 5-8-1978]
A. 
Each broadband telecommunications network shall be so designed, installed and operated so as to meet the following general objectives:
1. 
Capable of continuous twenty-four (24) hour daily operation;
2. 
Capable of operating over an outdoor temperature range of minus twenty degrees Fahrenheit (-20°F) to plus one hundred twenty degrees Fahrenheit (+120°F) without catastrophic failure or irreversible performance changes over variation in supply voltages from one hundred five (105) to one hundred thirty (130) volts AC;
3. 
Capable of meeting all specifications as set forth herein over an outdoor temperature range of zero degrees Fahrenheit (0°F) to plus one hundred degrees Fahrenheit (+100°F) over variations in supply voltages from one hundred five (105) to one hundred thirty (130) volts AC;
4. 
Operated in such a manner as to avoid causing interference with reception of off-the-air signals by non-subscribers to the network;
5. 
Designed, installed and operated so as to comply with all applicable technical standards and regulations promulgated by the Federal Communications Commission; and
6. 
Designed, installed and operated so as to assure the delivery to all subscribers of standard color and monochrome signals on the FCC designated Class I television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the broadband telecommunications network.

Section 630.200 Performance Measurements.

[R.O. 2008 §630.200; CC 1988 §17-240; Ord. No. 6185 §2(21), 5-8-1978]
A. 
General Requirements. Test procedures used in verification of the performance criteria set forth herein, if not as set forth in paragraph 76.609, Subpart K of the FCC rules and regulations, shall be in accordance with good engineering practice and shall be fully deeded in an attachment to the annual certificate filed with the City.
B. 
Additional Tests And Inspections. The City reserves the right to require additional tests at specific terminal locations in the event of particular problems in the network.
C. 
Report Of Measurements Combined. To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the City shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the City are satisfied.

Section 630.210 Channels To Be Provided.

[R.O. 2008 §630.210; CC 1988 §17-241; Ord. No. 6185 §2(22), 5-8-1978]
A. 
Education, Governmental And Public Access Channel. The grantee shall, when it is economically feasible, provide at least one (1) dedicated, non-commercial access channel and associated production equipment to be made available for use by the educational and governmental agencies within the City and to the public.
B. 
Emergency Alert Override. The grantee shall, when it is economically feasible, incorporate into its facilities the capability for an emergency override audio alert whereby a designee of the City, in times of emergency, may introduce an audio message on all broadband telecommunications network channels simultaneously.

Section 630.220 Service Standards.

[R.O. 2008 §630.220; CC 1988 §17-242; Ord. No. 6185 §2(23), 5-8-1978]
A. 
Office And Phone For Service. A grantee under this Chapter shall maintain an office in the City which shall be open during all usual business hours, have a locally listed telephone and be so operated that complaints and requests for repairs or adjustments may be received at any time.
B. 
Notification Of Service Procedures. The grantee shall provide to each subscriber, at the time of connection to the network, and at reasonable intervals thereafter, written notification of the procedures for filing complaints with the City's designated regulatory agent as herein established.
C. 
Service Response Time. The grantee shall provide same day service response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to 2:00 P.M. each day. In no event shall the response time for calls received subsequent to 2:00 P.M. exceed twenty-seven (27) hours.
D. 
Service Interruptions And Notifications. The grantee whenever it is necessary to interrupt service over the broadband telecommunications network for the purpose of maintenance, alteration or repair shall do so at such time as will cause the least amount of inconvenience to its subscribers and unless such interruption is unforeseen and immediately necessary, it shall give prior notice thereof to the affected subscribers.

Section 630.230 Construction Standards.

[R.O. 2008 §630.230; CC 1988 §17-243; Ord. No. 6185 §2(24), 5-8-1978]
A. 
Compliance With Safety Codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all State and local Codes, where applicable.
B. 
Compliance With Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable Sections of Chapter 500 of this Code.
C. 
Antennas And Towers. Antenna supporting structures (towers) shall be designed for the proper loading zone as specified in Electronics Industry Association's R.S.-22A Specifications.
D. 
Compliance With Aviation Requirements. Antenna supporting structures (tower) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency and all other applicable State or local Codes and regulations.

Section 630.240 Conditions of Street Occupancy.

[R.O. 2008 §630.240; CC 1988 §17-244; Ord. No. 6185 §2(25), 5-8-1978]
A. 
Approval Of Proposed Construction. A grantee shall notify the City at least ten (10) days prior to the intention of the grantee to commence any construction in any streets. The City shall cooperate with the grantee in granting any permits required, providing such grant and subsequent construction by the grantee shall not unduly interfere with the use of such streets and that proposed construction practices are in accordance with the applicable Section of Chapter 510 of the City and this Chapter.
B. 
Changes Required By Public Improvements. A grantee shall, at its expense, temporarily disconnect, relocate or remove from the street or other public place any property of the grantee when required by the City by reason of traffic conditions, public safety, street vacation, street construction, installation of sewers, drains, water pipes, City-owned signal lines, and tracts or any other type of structure or improvement by public agencies.
C. 
Use Of Existing Poles Or Conduits. The grantee shall request permission from the City before being authorized to erect any new poles or underground conduits, and the grantee shall make every reasonable effort to utilize existing poles presently servicing the area.
D. 
Facilities Not To Be Hazardous Or Interfere. All wires, conduits, cables and other property and facilities of a grantee under this Chapter shall be so located, constructed, installed in an orderly and workmanlike manner, and maintained so as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets. The grantee shall keep and maintain all of its property in good condition, order and repair.
E. 
Method Of Installation. The facilities of the grantee shall be installed underground in those areas of the City where existing telephone and electric services are both underground at the time of network construction. In areas where either telephone or electric utility facilities are installed aerially at the time of network construction, the grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the City, the grantee shall likewise place its facilities underground.
F. 
Protection Of Facilities. Nothing contained in this Section shall relieve the City or any other person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid damaging the grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place, or with the construction or reconstruction of any sewer or water system.
G. 
Notice Of City Improvements. The City shall notify the grantee at least ten (10) days prior to the intention of the City to commence any construction in the streets that requires the relocation of grantee's lines, wires or other network appurtenances so as not to interfere with such construction.
H. 
Request For Removal Or Change. The grantee shall, on the request of any person holding a building moving permit issued under the provisions of Section 510.030 of the City Code temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than five (5) days' advance notice of any move contemplated to arrange for temporary wire changes.
I. 
Office And Records In City. The grantee shall, at all times, make and keep at an office maintained by the grantee in the City, full and complete plans and records showing the exact location of all broadband telecommunications network equipment installed or in use in the streets and other public places of the City. The grantee shall, if requested by the City, file and maintain with the City a set of network "as-built" maps, drawn to scale, showing all of the broadband telecommunications network facilities installed in the City. Subscriber service drop facilities need not be shown.
J. 
Emergency Removal Of Plant. If, at any time, in case of fire or disaster in the City it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, or other appurtenances to the network of a grantee under this Chapter, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the grantee, at its sole expense, provided that such repairs are not necessitated by a negligent act of the City in which case, costs for repairs shall be borne by the City.
K. 
Alternate Routing Of Plant. If continued use of a street is denied to a grantee under this Chapter by the City for any valid reason, the grantee shall provide service to affected subscribers over alternate routes within a reasonable period of time.

Section 630.250 No Prohibition of Interconnection.

[R.O. 2008 §630.250; CC 1988 §17-245; Ord. No. 6185 §2(26), 5-8-1978]
Nothing in this Chapter shall be construed so as to prohibit a grantee under this Chapter from interconnecting its network with networks in other municipalities, Counties, or States.

Section 630.260 Unauthorized Connections or Modifications.

[R.O. 2008 §630.260; CC 1988 §17-246; Ord. No. 6185 §2(27), 5-8-1978]
A. 
Unauthorized Connection Prohibited. It shall be unlawful for any person without the expressed consent of a grantee under this Chapter to make any connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise with or to any segment of a franchised broadband telecommunications network for any purpose whatsoever, except as provided in Section 630.150. Conviction of such offense shall be punishable in accordance with the provisions of Sections 560.300 and 560.305, RSMo.
B. 
Removal Or Destruction Prohibited. It shall be unlawful for any person to willfully interfere, tamper, remove, obstruct, or damage any part, segment or content of a franchised broadband telecommunications network for any purpose whatsoever.

Section 630.270 Preferential or Discriminatory Practices Prohibited.

[R.O. 2008 §630.270; CC 1988 §17-247; Ord. No. 6185 §2(28), 5-8-1978]
A. 
Service To Be Equally Available. The grantee shall not, as to rates, charges, service, rules, regulations or in any other respect make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the network or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled.
B. 
Fairness Of Accessibility. The entire network of the grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies or other entities having a legitimate use for the network; and no one shall be arbitrarily excluded from its use; allocation of use of such facilities shall be made according to the rules or decisions of the grantee and any regulatory agencies affecting the same.

Section 630.280 Subscriber Privacy.

[R.O. 2008 §630.280; CC 1988 §17-248; Ord. No. 6185 §2(29), 5-8-1978]
A. 
Use Of Data From Subscriber. A grantee shall not, in addition to the requirement of Section 630.180, initiate or use any form, procedure or device for procuring information or data from subscriber's terminal by use of the network without prior valid authorization from each subscriber so affected.
B. 
Subscriber Lists. A grantee shall not, without prior valid authorization from each subscriber so affected, provide any list designating subscribers' names or addresses to the City or any other party except as may be required in Section 630.110(H).

Section 630.290 Compliance With Federal Communications Commission Rules.

[R.O. 2008 §630.290; CC 1988 §17-249; Ord. No. 6185 §2(30), 5-8-1978]
This Chapter shall be construed at all times to conform to the rules and regulations of the Federal Communications Commission. Any franchise granted under this Chapter shall be granted only with the grantee's understanding and agreement that its franchise is subject to any such rules and regulations then in effect or promulgated thereafter by the Federal Communications Commission.

Section 630.300 Severability.

[R.O. 2008 §630.300; CC 1988 §17-250; Ord. No. 6185 §2(31), 5-8-1978]
If any Section, Subsection, sentence, clause, phrase or word of this Chapter is for any reason held invalid by the Federal Communications Commission or unconstitutional by any court of competent jurisdiction, such Section, Subsection, sentence, clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or the remaining portions hereof except as such Section, Subsection, sentence, clause, phrase or word may be deemed material by the City under the provisions of Section 630.090(A)(6).