The grantee shall, at all times during the life
of the franchise, be subject to the lawful exercise of the police
power by the Village and to such reasonable regulations as the Village
shall hereafter provide. The Village may from time to time add to,
modify or delete provisions of this chapter as it deems necessary
in the exercise of its regulatory powers, provided that such additions
or revisions are reasonable and do not place an undue financial burden
on the grantee. Such additions or revisions shall be made only after
public hearing of which the grantee shall have received written notice
at least 30 days prior to such hearing.
For the purpose of this chapter, the following
terms, phrases, and words and their derivations shall apply:
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a
special charge is made based on program or service content or time
of usage.
BASIC SERVICE
Any service tier which includes the retransmission of local
broadcast signals, including all tiers of subscriber service provided
by the grantee, including the delivery of broadcast signals and programming
originated over the cable system covered by the regular monthly charge
paid by the subscribers.
BOARD
The Village Board of Cottage Grove.
CABLE CHANNEL OR CHANNEL
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel (as television channel is defined by the Federal Communications
Commission by regulation).
[Amended 3-19-2001 by Ord. No. 01-2001]
CABLE COMMUNICATIONS SYSTEM
Any system which receives and amplifies signals broadcast
by one or more television and/or radio stations and which transmits
programming originated by the system itself or by another party, and
distributes such signals and programming by wire, cable, microwave,
satellite, or other means to persons who subscribe to such service.
CABLE OPERATOR
Any person or group of persons:
A.
Who provides cable service of a cable system
and directly or through one or more affiliates owns a significant
interest in such cable system; or
B.
Who otherwise controls or is responsible for,
through any arrangement, the management and operation of such a cable
system.
CABLE SERVICE
A.
The one-way transmission to subscribers of video
programming, or other programming service.
B.
Subscriber interaction, if any, which is required
for the selection of such video programming or other programming service.
C.
A facility, consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment,
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community;
but such term does not include:
(1)
A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(2)
A facility that serves only subscribers in one
or more multiple-unit dwellings under common ownership, control or
management, unless such facility or facilities use any public right-of-way;
(3)
A facility of a common carrier which is subject,
in whole or in part, to the provisions of Title II of the Act, except
that such facility shall be considered as a cable system [other than
for purposes of Section 621(c)] to the extent such facility is used
in transmission of video programming directly to subscribers; or
(4)
Any facilities of any electric utility used
solely for operating its electric utility system.
COMMENCE OPERATION
Operation shall be considered commenced when sufficient distribution
facilities have been placed in use to offer full network service to
at least 25% of the inhabitants of the Village.
COMPLETED
Operation shall be considered completed when sufficient distribution
facilities have been placed in use to offer full network service to
100% of the inhabitants in the initial area.
FEDERAL AGENCY
Any agency of the United States, including the Federal Communications
Commission.
[Amended 3-19-2001 by Ord. No. 01-2001]
FRANCHISE
An initial authorization or renewal thereof (including renewal
of an authorization which has been granted subject to Section 626)
issued by a franchising authority, whether such authorization is designated
as a franchise, permit, license, resolution, contract, certificate,
agreement or otherwise, which authorizes the construction or operation
of a cable system.
FRANCHISE FEE
Includes any tax, fee, or assessment of any kind imposed
by a franchising authority or other governmental entity on a cable
operator or cable subscriber, or both, solely because of their status
as such.
GRANTEE
Any person, firm, company, corporation, association or governmental
entity to whom a franchise is granted by the Village Board hereunder
and the lawful successor assignee of the same.
GROSS REVENUE
Any and all compensations in whatever form, exchange or otherwise,
derived from the provision of all cable services in the Village.
INITIAL SERVICE AREA
Any dwelling currently in existence as of the date that the
franchise is granted in the Village.
OFFICE
The use of the title of any office, employee or officer shall
mean such officer, employee, or office of the Village unless otherwise
specifically designated.
PERSON
An individual, partnership, association, joint stock company,
trust, corporation, or governmental entity.
SERVICE TIER
A category of cable service or other services provided by
a cable operator and for which a separate rate is charged by the cable
operator.
STATE
Any state, or political subdivision, or agency thereof.
STREET
All streets, highways, avenues, lanes, alleys, courts, places,
squares, curbs, sidewalks or other public ways in the Village which
have been or may hereafter be dedicated and open to public use, or
such other public property so designated in any law of the state.
SUBSCRIBE
Any person, firm, company, corporation, or association receiving
reception service from the grantee.
VILLAGE
Village of Cottage Grove in its present form or as it may
be changed by annexation.
The grantee shall at all times keep its cables
and other appurtenances used for transmitting signals shielded in
such a manner that there will be no interference with signals received
by private receiver's sets owned by persons not subscribing to the
grantee's service.
The grantee shall, as part of the acceptance
of the franchise, provide a complete description of the cable system
in the Village of Cottage Grove, including the possibility of two-way
capability. Such description shall be updated as additions or changes
are made.
The grantee, upon acceptance of the franchise,
is hereby granted the right to erect, maintain, and operate in the
streets, alleys, and utility easements of the Village of Cottage Grove
and other public places a cable system. The poles used for such distribution
shall be those erected or used by local utilities. The grantee may
erect its own poles if the Village's permission is first obtained.
The grantee shall grant to the Village, free
of expense, joint use of any and all poles owned by it for any proper
municipal purposes, insofar as it may be done without interfering
with the free use and enjoyment of the company's own wires and fixtures,
and the Village shall hold the grantee harmless from any and all actions,
causes of action, or damage caused by the placing of the Village's
wires, or appurtenances upon the poles of the company. Proper regard
shall be given to all existing safety rules governing construction
and maintenance in effect at the time of construction.
During the term of the franchise, the grantee
shall provide free basic service to any and all schools, whether private,
public, or parochial, all churches, fire stations, EMS building and
the Municipal Hall within the area of the franchise if requested by
same. The grantee may charge for unusual installation costs.
In the event this franchise terminates and neither
the Village nor anyone else purchases the grantee's cable system,
the grantee shall remove its cables, wires, and appliances from the
streets, alleys, public ways, and places within the Village, except
any underground cables, appliances, or other appurtenances.
The franchise shall take effect and be in force
for 15 years commencing with the date of award of the franchise to
the grantee, subject to its passage by the Village Board and the acceptance
of its terms in writing by the grantee or its assigns.
The franchise shall be amended to incorporate
all amendments to the statutes, rules, and regulations of the federal
government. Any provision herein in conflict with or preempted by
said rules and regulations or statutes shall be superseded.