[R.O. 2001 § 630.010; Ord. No.
824 § 1, 3-5-1998]
This Chapter shall be known and may be cited as the "Broadband
Communications Ordinance, 1997." No person shall construct, operate
or maintain any broadband communications system upon, over, under,
along, across or above any public way (road, street, alley or sidewalk)
or public property except under this or a subsequent ordinance of
the City.
[R.O. 2001 § 630.020; Ord. No.
824 § 2, 3-5-1998]
The following terms and phrases, as used herein, shall have
those meanings set forth below:
The Board of Aldermen of the City.
The system of antennas, towers, satellite earth stations,
microwave, coaxial cable, fiber optics, waveguides or other conductors,
converters, equipment and facilities designed and constructed for
the purpose of producing, receiving, transmitting, amplifying and
distributing audio, video, digital and other forms of electronic and
electrical signals to persons who subscribe to programs and services
delivered by such signals. Said definition shall not include any such
facility that serves only subscribers in one (1) or more multiple-unit
dwellings under common ownership, control or management and does not
use City rights-of-way.
The City of Memphis, Missouri, a town and municipal corporation.
Galaxy Telecom, Inc., a corporation organized under the laws
of the State of Delaware, and it is the grantee of rights under this
franchise. Grantee will, during the term hereof and any extension,
retain its lawful status to do business under the laws of and in the
State of Missouri and remain solvent and not in receivership.
The Mayor of the City so long as such position exists. If
such position ceases to exist or is not filled at any time, then the
duties and powers of such office, as created in this Chapter, shall
pass to the office of officer of the City as designated by the Board
of Aldermen.
The same as application.
[R.O. 2001 § 630.030; Ord. No.
824 § 3, 3-5-1998]
The grantee shall provide services, technical standards and
system design specifically set forth in its proposal to provide broadband
communication service within the City of Memphis, and by its acceptance
of this Chapter, the grantee specifically grants and agrees that its
proposal is hereby incorporated by reference and made a part of this
Chapter.
[R.O. 2001 § 630.040; Ord. No.
824 § 4, 3-5-1998]
A.
There is hereby granted to the grantee the non-exclusive right and
privilege to construct, erect, operate and maintain in, upon, along,
across, above, over and under the streets, alleys, public utility
easements, public ways and public places now laid out or dedicated,
and all extensions thereto in the City, according to the technical
specifications of the Federal Communications Commission, all poles,
wires, cables, underground conduits, manholes and other conductors
and fixtures necessary for the transmission of communication signals
and all other signals permitted by the Federal Communications Commission
or its successor agency, either separately or upon or in conjunction
with any public utility maintaining the same in the City, with all
of the necessary and desirable appliances and appurtenances pertaining
thereto. Without limiting the generality of the foregoing, this franchise
and grant shall and does hereby include the right in, over, under
and upon the streets, sidewalks, alleys, public utility easements
and public grounds and places in the City to install, erect, operate
or in any way acquire the use of, as by leasing or licensing, all
lines and equipment necessary to a broadband communication system
and the right to make connections to subscribers and the right to
repair, replace, enlarge and extend said lines, equipment and connections.
Grantee shall have authority to trim trees that overhang the public
right-of-way only when absolutely necessary and then in a good and
workmanlike manner. This franchise and grant includes the right to
use public property which shall have been acquired by the City in
the future as well as public property currently owned by it, upon
approval being granted by the Board of Aldermen.
B.
The above grant to grantee shall include the right to offer broadband
communication service to residents within the present boundaries of
the City as those boundaries may change from time to time by annexation
or otherwise. Whenever the company receives a request for service
from at least ten (10) single-family residence connections within
one thousand five hundred (1,500) feet of its distribution cable,
it shall extend the system to such subscribers at no cost to the subscribers
other than the usual connection and service fees for all subscribers,
provided that such system extension is technically and physically
feasible. Measurement of the general density standard for service
to any area shall be from the closest existing point of the company's
system. No person, firm or corporation in the company's service
area shall be arbitrarily refused service. However, in unusual circumstances,
such as a requirement for underground cable that requires rock saw
or service to subscribers of a density of less than ten (10) single-family
residences per one thousand five hundred (1,500) feet of distribution
cable, in order that the existing subscribers shall not be unfairly
burdened, service may be made available on the basis of capital contribution
by the prospective subscriber(s) to the company, including reimbursement
for the company's cost of materials, labor and easements.
[R.O. 2001 § 630.050; Ord. No.
824 § 5, 3-5-1998]
The franchise hereby granted shall be effective from and after
the date hereof and shall remain in full force and effect for a period
of five (5) years. The City shall have the right to negotiate with
the grantee, at the time defined by the Cable Act,[1] to extend the terms of this agreement for at least five
(5) additional years.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
[R.O. 2001 § 630.060; Ord. No.
824 § 6, 3-5-1998]
At all times during the term of this franchise, grantee shall
be subject to all lawful exercise of the police power of the City.
The right is hereby reserved to the City to adopt, in addition to
the provisions herein contained and any other existing applicable
ordinances, such additional applicable ordinances as it shall find
necessary in the exercise of its police power; provided, however,
that such additional ordinances shall be reasonable, shall not conflict
with or substantially alter the rights granted herein, and shall not
conflict with the laws of the State of Missouri, the laws of the United
States of America, or the rules, regulations and policies of the Federal
Communications Commission.
[R.O. 2001 § 630.070; Ord. No.
824 § 7, 3-5-1998]
A.
Damages. The grantee shall pay and, by its acceptance of this authority,
does specifically agree that it will pay all damages and penalties
which the City legally may be required to pay as a result of granting
this franchise. These damages or penalties shall include, but shall
not be limited to, damages arising out of copyright infringement,
defamation, unauthorized taking, antitrust and royalty payments; any
and all damages, including personal injury, death and property damages,
arising out of the installation, operation or maintenance of the system
authorized hereby. Provided, however, that this indemnification does
not extend to causes of actions arising solely from the actions of
the City, its officers and employees and for which grantee has no
responsibility; and further provided that the City shall be liable
for damages to the equipment and facilities of the grantee which are
a result of negligent or deliberate acts of employees of the City.
B.
Expenses Of Litigation. Grantee shall pay and by its acceptance hereof specifically agrees that it will pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsection (A) above for which grantee has any responsibility, including expenses of investigation, except causes of action arising solely from the actions of the City, its officers and employees and for which grantee has no responsibility. These expenses include all out-of-pocket expenses, such as attorney fees, providing grantee shall have exclusive right to retain counsel of its choice and shall include also the reasonable value of any services rendered by the City Attorney or his/her assistant(s) or any employees of the City.
C.
Insurance. Grantee shall maintain and by acceptance hereof specifically agrees that it will maintain, throughout the term of this authority and grant, liability insurance insuring the grantee and the City (the City to be a named insured) with respect to all damages mentioned in Subsection (A) above in the following minimum amounts:
1.
Five hundred thousand dollars ($500,000.00) for bodily injury
or death to any one (1) person; one million dollars ($1,000,000.00)
for bodily injury or death resulting from any (1) one accident;
2.
Five hundred thousand dollars ($500,000.00) for property damages
resulting from one (1) accident;
3.
One million dollars ($1,000,000.00) for umbrella; and
4.
Workers' compensation insurance as required by all applicable
Federal, State, maritime or other laws, including company's liability,
with a limit of at least one hundred thousand dollars ($100,000.00).
D.
Casualty. Grantee shall keep the system and system facilities continuously
insured against such risks as customarily are insured against by businesses
of like size and type, including, but not limited to, insurance upon
repair or replacement, if available, and to the full insurable value
of the system facilities (with reasonable deductible provisions) against
loss or damage by fire or lightning, with uniform standard coverage
endorsement as in use in the State of Missouri.
[R.O. 2001 § 630.080; Ord. No.
824 § 8, 3-5-1998]
A.
All system facilities shall be installed, repaired and replaced by
grantee, or by someone in its behalf, and grantee shall be solely
responsible for and shall pay the expenses thereof, including the
cost of promptly restoring the surface of any street, alley, other
public way or any point of excavation, whether on public or private
property. All such facilities erected, constructed or replaced by
the grantee within the City, including extensions of streets, alleys
and other public ways and places shall be erected so as to cause no
interference with the rights or reasonable convenience of users or
property owners whose property adjoins any of said streets, alleys
or public ways and places, and so as not to interfere with existing
public utility installations or extensions thereof, or repair to either.
All service lines shall be underground in those areas of the City
where either public utilities providing telephone or electric utility
facilities are underground at the time of installation, otherwise
the grantee may install its services above ground. If, subsequently,
the electric utility facilities go underground, then in that event
the facilities of the grantee also shall go underground simultaneously
and grantee shall pay for the costs of the same. The grant of authority
hereunder includes the right of the grantee to cut and trim trees
to protect its facilities and grantee shall pay for the costs of the
same. Grantee accepts all legal and economic responsibility for actions
taken to protect its system, including the cutting and trimming of
trees.
B.
Grantee shall have the right to make underground cable installations
on property of the City consistent with existing underground installations
for other utilities, and the City will make appropriate grants of
easement to grantee in such cases. Grantee shall advise the City in
advance of any excavation to be performed by grantee. Grantee shall
make no installation of poles on or adjacent to any public way or
public property without the consent of the City.
C.
During the term hereof, grantee shall be responsible for all costs
of moving any portions of the system in the event the City finds that
the public needs require changes in the location or use of any public
property, including streets, grades and curbs, and sewer and water
mains.
D.
Grantee may be required by the City to permit joint use by utilities
of grantee's system facilities located in the streets, alleys
or other public right-of-way in the City insofar as such joint use
reasonably may be practicable, and upon payment of reasonable rental
thereof.
E.
Grantee shall construct, install, operate and maintain its system
in a manner consistent with all Federal, State, County and City laws,
ordinances, construction standards and governmental requirements and
with technical standards of the Federal Communications Commission.
In addition, grantee shall provide the City, upon request, with a
written report of the results of grantee's proof of performance
tests conducted pursuant to the Federal Communications Commission
standards and requirements.
F.
Construction, installation and maintenance of the grantee's
system shall be accomplished in an orderly workmanlike manner. All
cables and wires shall be installed parallel with electric and telephone
lines, where practicable. Multiple-cable configurations shall be arranged
in parallel and shall be bundled with due respect for engineering
considerations. Grantee shall provide the City with reports every
three (3) months during construction of the progress made in constructing
and activating the system.
G.
The system shall not endanger or interfere with the safety of persons
or property in the franchise area or in other areas in which grantee
may have equipment activated or situated.
H.
Any antenna structure used in the system shall comply with construction,
marking and lighting of antenna structures, as may be required by
the United States Department of Transportation.
I.
All working facilities and conditions existing during construction,
installation and maintenance of the system shall comply with the standards
of the Federal and State Occupational Safety and Health Administration.
J.
Grantee
shall at all times comply with the following:
1.
National Electric Safety Code (National Bureau of Standards),
as existing and as subsequently amended.
2.
National Electric Code (National Bureau of Fire Underwriters),
as existing and as subsequently amended.
3.
Bell System Code of Pole Line Construction, as existing and
as subsequently amended.
4.
Applicable Federal Communications Commission or other Federal,
State and local regulations and Codes as existing and as subsequently
amended.
K.
RF leakage shall be checked at reception locations for emergency
radio services to prove no interference signal combinations are possible.
Stray radiation shall be measured adjacent to any proposed aeronautical
navigation radio sites to prove no interference to airborne navigational
reception in the normal flight patterns. Federal rules and regulations
shall govern.
L.
Tests and measurements to insure compliance with technical standards
shall be performed by the grantee in a manner that is consistent with
the provisions and standards of the Federal Communications Commission,
as amended from time to time. Results of all tests and measurements
required to be taken by the grantee shall be recorded, maintained
and made available to the City upon request. Where there exists evidence
which, in the judgment of the Board of Aldermen, casts doubt on the
reliability or quality of cable service, the City shall have the right
to require grantee to perform tests and analyses directed toward such
suspected inadequacies. Grantee shall fully cooperate with the City
in performing such testing and shall prepare results and a report,
if requested, within thirty (30) days after notice. Such report shall
include the following information: The nature of the complaint or
problem which precipitated the special tests; what system components
were tested; equipment used and procedure employed in testing; the
method, if any, in which such complaint or problem was resolved; and
any other information pertinent to said tests and analyses which may
be required. The City may require that tests be supervised, at grantee's
expense, by a licensed professional engineer. The engineer shall certify
all records of special tests and forward to the City such records
with a report interpreting the results thereof and recommending actions
to be taken, if any. The City's right pursuant hereto shall be
limited to requiring tests, analyses and reports pertaining to specific
subjects and characteristics based on complaints or sufficient evidence
which the City has grounds to believe will require testing to be performed
to protect the public against substandard cable service. In the event
that the supervising engineer reports that action is necessary on
the part of the grantee, the grantee will take such action within
seven (7) days of notice thereof.
M.
Grantee shall put, keep and maintain all parts of the system in good
condition throughout the entire period of the franchise. Grantee shall
render efficient service, make repairs promptly, and interrupt service
only for good cause and for the shortest time possible.
N.
Grantee shall not allow its cable or other operations to interfere
with television reception of persons not served by grantee, nor shall
the system interfere with, obstruct or hinder in any manner the operation
of the various utilities serving the residents within the confines
of the City.
O.
Grantee shall maintain at a minimum, throughout the lifetime of this
franchise, the technical standards and quality of said service set
forth by Federal Communications Commission Rules and Regulations and
grantee will at its sole expense update and improve its system. The
standard for determining quality and equipment will be based upon
service and equipment which is technologically and economically reasonable
and, to a lesser extent, based upon service and equipment provided
to similar sized communities by unrelated cable companies in similar
circumstances.
P.
Grantee shall produce a picture, whether in black and white or in
color, accompanied with proper sound on typical standard production
television sets in good repair, that is as good as the Federal Communications
Commission technical rules require. Grantee shall limit failures to
a minimum by locating and correcting malfunctions promptly, but in
no event longer than three (3) days after written notice by the City
to grantee unless the failure is beyond the control of the grantee.
[R.O. 2001 § 630.090; Ord. No.
824 § 9, 3-5-1998]
A.
The communications system permitted and required to be installed
and operated hereunder shall:
1.
Be operated in conformance with the laws of the State of Missouri
and with the Federal Communications Commission Technical Standards,
47 CFR 76.601 et seq., as from time to time amended. Should there
be any modifications of the provisions of said standards which are
inconsistent with the franchise hereby granted, this Chapter shall
be amended so as to conform to such modifications within one (1) year
after the effective date of the Federal Communications Commission's
adoption of the modification or upon renewal of this franchise. Grantee
will advise the City of any such modifications in its annual report.
2.
Carry on the system all required broadcast signals pursuant
to the Federal Communications Commission signals carriage rules and
such other broadcast signals as are set forth in grantee's application.
3.
The total capacity of the system, as constructed, shall be thirty
(30) channels. The total number of channels which shall be available
and initially utilized shall be at least twenty-eight (28). The system
shall be designed, established, constructed, operated and maintained
so as to provide for twenty-four-hour per day continuous operation.
4.
Additional Requirements. Throughout the term of this Chapter,
including during the construction phase and thereafter, grantee shall
maintain current, up-to-date maps and plans of the entire system and
shall file the same with the City promptly if requested by the City.
Where underground installations are involved, the City will not be
responsible for damage to such underground facilities until the maps
and plans of the system, in the hands of the City, have been updated
to show such underground installations. Maps and plans provided to
the City shall be at the expense of the grantee.
5.
Technical Standards. The cable communications system will be
designed, installed, maintained and tested to conform to the technical
performance specifications of the Federal Communications Commission
as outlined in 47 CFR 76.601 et seq., as from time to time amended.
[R.O. 2001 § 630.100; Ord. No.
824 § 10, 3-5-1998]
The grantee shall not be responsible for delays in construction
or extension of the system for any cause wholly beyond grantee's
control, including acts of God, fire, flood, earthquakes, extraordinary
delays in transportation, strikes, embargoes, enemy action, energy
shortages and similar events. In the event of such, the City will
reasonably grant extensions so long as the event is beyond the control
of the grantee.
[R.O. 2001 § 630.110; Ord. No.
824 § 11, 3-5-1998]
A.
The City may decide to renew a franchise granted under this Chapter
if the grantee files a written request for such a renewal. At the
time of such request, the City may update this Chapter and reevaluate
the needs of the community for cable service and the performance of
the grantee.
C.
Unless otherwise agreed upon, any amended cable ordinance or provision
thereunder adopted before the franchise renewal shall take effect
at the franchise renewal.
[R.O. 2001 § 630.120; Ord. No.
824 § 12, 3-5-1998]
Except for a mortgage or assignment to secure a loan to construct
and operate said systems, grantee shall not sell, lease, sublet or
transfer its system and the privileges granted herein without first
notifying the Board of Aldermen.
[R.O. 2001 § 630.130; Ord. No.
824 § 13, 3-5-1998]
A.
For the reason that the streets of the City to be used by the grantee
for the operation of its system within the boundaries of the City
of Memphis, Missouri, are valuable public properties acquired and
maintained by the City at great expense to its taxpayers, and the
grant to the grantee of the limited use of said streets is a valuable
property right without which the grantee would be required to invest
substantial capital in right-of-way costs and acquisitions, the grantee
shall pay to the City an amount equal to three percent (3%) of grantee's
gross basic revenue attributable to the operations of the grantee
within the confines of the City (hereinafter the franchise fee). Failure
to pay this franchise fee is a material breach of this Chapter.
B.
The franchise fee and any other cost or penalties assessed shall
be payable semiannually to the City Clerk's office, and the grantee
shall file a complete and accurate verified statement of the gross
revenue derived from the system covered by this franchise during the
period for which said annual payment is made, and said payment shall
be made to the City not later than one hundred twenty (120) days after
close of the fiscal year of the grantee, and at the same time as submission
of the annual reports.
C.
The City shall have the right to inspect the grantee's income
records and the right to audit and to recompute any amounts determined
to be payable under this Chapter; provided, however, that such audit
shall take place within twelve (12) months following the close of
each of the grantee's fiscal years. Any additional amount due
to the City as a result of the audit shall be paid within thirty (30)
days following written notice to the grantee by the City, which notice
shall include a copy of the audit report. The City Auditor is authorized
to conduct said investigation or audit.
D.
In the event any franchise payment or recomputed amount, cost or
penalty or any other monies owed to the City by the grantee is not
made on or before the applicable date herein specified, interest shall
be charged daily from such date at the annual rate of twelve percent
(12%).
E.
Grantee shall, within six (6) months of the acceptance of this Chapter
by grantee, provide one (1) channel for local use by the City. Grantee
shall install the necessary cabling and hardware for the City to access
this channel together with a character generator and hookup for a
VCR at City Hall for purposes of broadcasting programs of local interest
by the City or persons or organizations that the City may authorize.
[R.O. 2001 § 630.140; Ord. No.
824 § 14, 3-5-1998]
A.
Grantee shall charge subscribers for the connection of system services
and for the providing of system services to subscribers in accordance
with Federal Communication Commission Rules, 47 CFR 76.900 through
76.937, as may be amended.
B.
All charges for services in connection with this grant shall be uniform
and non-discriminatory.
[R.O. 2001 § 630.150; Ord. No.
824 § 15, 3-5-1998]
A.
The grantee shall maintain a regional customer service center with
a toll-free telephone number for the purpose of receiving inquiries,
requests and complaints concerning all aspects of the establishment,
construction, maintenance and operation of the system.
B.
The grantee shall make available a technician to provide prompt service
and repairs to all of grantee's facilities and equipment. Said
technicians shall be fully trained, qualified and authorized to perform
such duties.
C.
The grantee shall comply with the customer service obligations set
forth by the Federal Communication Commissions as follows and as may
be amended.
D.
Grantee shall file with the City, upon request, copies of all of
its rules and regulations in connection with the handling of inquiries,
requests and complaints. Grantee shall furnish in writing to subscribers
at the time they connect to the system information concerning procedures
for making inquiries, requests and complaints about the system.
E.
Grantee shall keep full records in connection with all inquiries,
complaints and requests in connection with the system and the resolution
of these matters.
F.
Any personally identifiable information collected from any customer
by the grantee in the normal course of business in providing service
to that customer will not be used by the grantee except to provide
said service to the subscriber or to detect unauthorized use of the
grantee's equipment or signals. The grantee shall take such actions
as necessary to prevent unauthorized access to such information by
a person other than the customer or the grantee as provided for in
Part VI, Section 631 of the Communications Act of 1934.[1]
[1]
Editor's Note: See 47 U.S.C. § 551.
G.
Cable System Office Hours And Telephone Availability. The cable operator
will maintain a local, toll-free or collect call telephone access
line which will be available to its subscribers twenty-four (24) hours
a day, seven (7) days a week. Trained company representative will
be available to respond to customer telephone inquiries during normal
business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an
answering machine. Inquiries received after normal business hours
must be responded to by a trained company representative on the next
business day. Under normal operating conditions, telephone answer
time by a customer service representative, including wait time, shall
not exceed thirty (30) seconds. These standards shall be met no less
than ninety percent (90%) of the time under the normal operating conditions
measured on a quarterly basis. The operator will not be required to
acquire equipment or perform surveys to measure compliance with the
telephone answering standards above unless a historical record of
complaints indicates a clear failure to comply. Under normal operating
conditions, the customer will receive a busy signal less than three
percent (3%) of the time.
H.
Installations, Outages And Service Calls. Under normal operating
conditions, each of the following four (4) standards will be met no
less than ninety-five percent (95%) of the time measured on a quarterly
basis:
1.
Standard installations will be performed within seven (7) business
days after an order has been placed. Standard installations are those
that are located up to one hundred twenty-five (125) feet from the
existing distribution system.
2.
Excluding conditions beyond the control of the operator, the
operator will begin working on service interruptions promptly and
in no event later than twenty-four (24) hours after the interruption
becomes known. The cable operator must begin actions to correct other
service problems the next business day after notification of the service
problem.
3.
The appointment window alternatives for installations, service
calls and other installation activities will be either a specific
time or, at maximum, a four-hour time block during normal business
hours. (The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.)
4.
An operator may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled appointment.
If a cable operator representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,
the customer will be contacted. The appointment will be rescheduled,
as necessary, at a time which is convenient for the customer.
I.
Communications Between Cable Operators And Cable Subscriber.
1.
Notification To Subscribers. The cable operator shall provide
written information on each of the following areas at the time of
installation of service, at least annually to all subscribers, and
at any time upon request:
a.
Products and service offered;
b.
Prices and options for programming services and conditions of
subscription to programming and other services;
c.
Installation and service maintenance policies;
d.
Instructions on how to use the cable service;
e.
Channel positions and programming carried on the system; and
f.
Billing and complaint procedures, including the address and
telephone number of the local franchising authority. Customers will
be notified of any changes in rates, programming services or channel
positions as soon as possible through announcements on the cable system
and in writing. Notice must be given to subscribers a minimum of thirty
(30) days in advance of such changes if the change is within the control
of the cable operator. In addition, the cable operator shall notify
subscribers thirty (30) days in advance of any significant changes
in the other information required by the preceding Subsection.
J.
Billing.
1.
Bills will be clear, concise and understandable. Bills must
be fully itemized. Bills will also clearly delineate all activity
during the billing period, including optional charges, rebates and
credits. In case of a billing dispute, the cable operator must respond
to a written complaint from a subscriber within thirty (30) days.
2.
Refunds. Refund checks will be issued promptly, but no later
than either: The customer's next billing cycle following resolution
of the request or thirty (30) days, whichever is earlier, or the return
of the equipment supplied by the cable operator if service is terminated.
3.
Credits. Credits for service will be issued no later than the
customer's next billing cycle following the determination that
a credit is warranted.
K.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
Definitions. As used in this Chapter the following terms shall have
these prescribed meanings:
Those hours during which most similar business in the community
are open to serve customers. In all cases, normal business hours must
include some evening hours at least one (1) night per week and/or
some weekend hours.
Those service conditions which are within the control of
the operator. Those conditions which are not within the control of
the operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the operator include, but are not limited to,
special promotions, pay-per-view events, rate increases, regular peak
or seasonal demand periods, and maintenance or upgrade of the system.
The loss of one (1) or more of the services offered by the
operator.
[R.O. 2001 § 630.160; Ord. No.
824 § 16, 3-5-1998]
Grantee agrees to and shall furnish without installation charge
or monthly service fee, basic cable service to one (1) location within
the designated City-owned sites and to all public schools situated
within the City. The buildings so served shall be responsible for
any other internal wiring from such energized connection source to
activated locations. If any such connection is over five hundred (500)
feet from the grantee's trunk line, grantee may charge actual
costs of installation arising from the additional distance.
[R.O. 2001 § 630.170; Ord. No.
824 § 17, 3-5-1998]
Upon the foreclosure or other judicial sale of all or a substantial
part of the system or upon the termination of any lease covering all
or a substantial part of the system, the grantee shall notify the
City of such fact, and such notification shall be treated as a notification
that a change in the control of the grantee has taken place, and the
provisions of this Chapter governing the consent of the Board of Aldermen
to such change in control of the grantee shall apply.
[R.O. 2001 § 630.180; Ord. No.
824 § 18, 3-5-1998]
A.
The Board of Aldermen shall have the right to cancel this Chapter
one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the grantee, whether
in receivership, reorganization, bankruptcy or other action or proceeding
unless such receivership or trusteeship shall have been vacated prior
to the expiration of said one hundred twenty (120) days or unless:
1.
Within one hundred twenty (120) days after his/her election
or appointment, such receiver or trustee shall have fully complied
with all the provisions of this Chapter and remedied all defaults
hereunder; and
2.
Such receiver or trustee, within one hundred twenty (120) days,
shall have executed an agreement, duly approved by the Court having
jurisdiction, whereby such receiver or trustee assumes and agrees
to be bound by each and every provision of this Chapter granted to
the grantee.
[R.O. 2001 § 630.190; Ord. No.
824 § 19, 3-5-1998]
Grantee shall not, as to rates, charges, services, service facilities,
rules, regulations or in any other respect, make or grant any preference
or advantage to any person.
[R.O. 2001 § 630.200; Ord. No.
824 § 20, 3-5-1998]
This Chapter shall become effective thirty (30) days following
publication in the local newspaper. When accepted by grantee, this
Chapter shall be and become a valid and binding contract between the
City and the grantee.
[R.O. 2001 § 630.210; Ord. No.
824 § 21, 3-5-1998]
A.
It shall be unlawful for any person to:
1.
Make any unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of grantee's
cable television signals, radio signals, pictures, programs, sounds
or any other information or intelligence transmitted over grantee's
cable system without payment to grantee or its approved successors,
assigns or lessees.
2.
Without the consent of the grantee, willfully tamper with, remove
or injure any cable, wire or other equipment used for the distribution
of television signals, radio signals, pictures, programs, sounds or
any other information or intelligence transmitted over the grantee's
cable system.
B.
Any person who violates any provision of this Section shall be guilty
of an ordinance violation and shall be punished by a fine of not more
than three hundred dollars ($300.00), or by imprisonment for a term
not to exceed ninety (90) days, or by both such fine and imprisonment.
[R.O. 2001 § 630.220; Ord. No.
824 § 22, 3-5-1998]
A.
Grantee has the right to use normal methods of collection of amounts
owed by a subscriber, at its sole discretion, including disconnection
of services for non-payment of subscriber fees and may bring action
in any court to recover unpaid fees and any other damages caused by
any subscriber.
B.
Grantee shall respond to and resolve subscriber's complaints
or request for service in connection with repairs and maintenance
and malfunctions of system facilities. Grantee shall respond to and
correct such complaints or requests as soon as possible after receipt
of the complaint or request for service. Grantee may, however, charge
for a service call when such service call proves to be customer related
as opposed to system related. Customer-related problems are those
arising from, but not limited to, equipment owned by the customer
or equipment owned by the grantee which has been damaged by the negligent
or deliberate acts of the customer. System-related refers to the deficiency
in or failure of any equipment owned by the grantee whether or not
leased to any customer.
C.
The Mayor is designated by the City as having primary responsibility
for the continuing administration of the franchise and implementation
of complaint procedures.
D.
The grantee shall establish procedures for receiving, acting upon
and resolving subscriber complaints as outlined in Federal Communications
Commission Rules and Regulations. The grantee shall furnish a notice
of such procedure to each subscriber at the time of initial subscription
to the system.
[R.O. 2001 § 630.230; Ord. No.
824 § 23, 3-5-1998]
A.
In addition to all other rights and powers of the City by virtue
of this Chapter or otherwise, the City reserves the right to terminate
and cancel this franchise and all rights and privileges of the grantee
arising hereunder in the event that the grantee:
1.
Violates any material provision of this Chapter or any rule,
order or determination of the Board of Aldermen made pursuant to this
authority, except where such violation (other than provisions concerning
transfer without prior Board of Aldermen approval) is beyond the control
of the grantee;
2.
Becomes insolvent or is unable or unwilling to pay its debts
or is adjudged bankrupt, or placed in receivership, or is no longer
authorized to do business in the State of Missouri;
3.
Attempts to dispose of any of the facilities or property of
its system in violation of the terms of this authority;
4.
Attempts to evade any of the material provisions of this authority
or practices any fraud or deceit upon the City;
5.
Fails to begin or complete construction and/or fails to provide
services as required herein;
6.
Fails to restore system-wide service following seventy-two (72)
consecutive hours of interrupted service, except where prior approval
of such interruption shall have been obtained from the City, or in
the event that any such action is caused by acts of God, national
emergency, war, strikes or other actions beyond the control of the
grantee; and
7.
Is found to have misrepresented any material fact in its application.
B.
Any termination proceeding initiated by the City shall occur only
after thirty (30) days' written notice to grantee. The grantee
shall have an opportunity to respond to such a claim at a public hearing
held in this matter. Grantee shall be a necessary party to all public
hearings regarding operations or terminations of said franchise.
C.
Upon termination, cancellation or expiration of this authority, as provided for herein, the City shall have the right to require the grantee to remove, at its own expense, all portions of the system from all public ways within the City within ninety (90) days of said termination, cancellation or expiration. Any of grantee's property not removed within said ninety-day period shall be deemed abandoned. By action of this Chapter such abandoned property shall be the property of the City. Provided, however, that should the City invoke this Subsection, grantee may nonetheless negotiate a sale of the system subject to Section 630.120 hereof, and consent to such sale shall not be unreasonably withheld.
[R.O. 2001 § 630.240; Ord. No.
824 § 24, 3-5-1998]
A.
Forty-five (45) days following the adoption of a resolution by the
Board of Aldermen determining a failure of grantee to comply with
the construction, operational or maintenance standards contained herein,
grantee shall pay to the City twenty-five dollars ($25.00) per day
for each day, or part thereof, that such non-compliance continues.
B.
The Mayor of the City may, in writing, grant reasonable extensions
of the requirements of this Section.
[R.O. 2001 § 630.250; Ord. No.
824 § 25, 3-5-1998]
If any Section, Subsection, sentence, clause, phrase or portion
of this Chapter is for any reason held invalid or unconstitutional
by any Federal or State court or administrative or governmental agency
of competent jurisdiction, specifically including the Federal Communications
Commission, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of the remaining portions hereof, so long as the part held invalid
or unconstitutional shall not go to the essence hereof or increase
the liability of the City in any manner or form whatsoever.
