[R.O. 2011 § 670.010; R.O. 2009
§ 111.001; Ord. No. 01-125, 6-20-2001]
A.
The City, pursuant to applicable Federal
and State law, is authorized to grant one (1) or more non-exclusive
franchises to construct, operate, maintain and reconstruct cable systems
within the City.
B.
The City Council finds that cable service
has become an integral part of its citizens' lives and that evolving
cable systems have the potential to play an even more dramatic role
in the future, providing great benefits and advanced capabilities
to residents of the City. At the same time, the rapidly emerging role
of the cable modem as an integrated broadband communications platform,
coupled with the relative lack of competition faced by the incumbent
cable operator within the City limits, necessitates a finding that
the local government has a legitimate and vital role to play in regulating
cable services in a manner that ensures high quality customer service
while at the same time fostering competition to the extent permitted
by law. The Council further finds that the public convenience, safety
and general welfare can best be served by establishing regulatory
powers that are vested in the City or such persons as the City designates.
C.
In order to ensure that the City and its
residents receive state of the art cable services and capabilities
as this technology further evolves, all franchises granted pursuant
to this Chapter will be subject to periodic review and modifications
to keep current with changing law, technology and services. It is
the intent of this Chapter to provide for and specify the means to
attain the best possible cable service to residents of the City and
any franchises issued pursuant to this Chapter shall be deemed to
include this finding as an integral part thereof.
D.
The Council further finds that ongoing
industry consolidation has resulted in less local accountability and
that therefore flexible franchise lengths and stringent customer service
standards, including liquidated damage provisions, may be the only
practical means of ensuring compliance and approximating the costs
of franchise agreement non-compliance to the City and its residents.
[R.O. 2011 § 670.020; R.O. 2009
§ 111.002; Ord. No. 01-125, 6-20-2001]
This Chapter shall be known and may
be cited as the "City of Saint Charles Master Cable Services Regulatory
Ordinance."
[R.O. 2011 § 670.030; R.O. 2009
§ 111.003; Ord. No. 01-125, 6-20-2001]
For the purpose of this Chapter,
the following terms, phrases, words and their derivations shall have
the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in
the plural number include the singular number and words in the singular
number include the plural number. The words "shall" and "will" are
mandatory and "may" is permissive. Words not defined shall be given
their common and ordinary meaning.
A reasonable, non-refundable fee established by the City
that shall be required to accompany an initial cable franchise application
or renewal application.
Any cable service tier that includes the lawful retransmission
of local television broadcast signals and any public, educational
and governmental access programming required by this Chapter or a
franchise agreement to be carried on the basic tier. Basic cable service
as defined herein shall be consistent with 47 U.S.C. § 543(b)(7).
The Cable Communications Policy Act of 1984, Pub. L. No.
98-549 (codified at 47 U.S.C. §§ 521 through 611) as
amended by the Cable Television Consumer Protection and Competition
Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of
1996, Pub. L. No. 104-104 (1996) as may, from time to time, be amended.
As used in the definition of gross revenues, this means any
cable service offered by a grantee whereby persons receive access
to the Internet in combination with or high-speed information services
through the cable system. At the time of adoption of this Chapter,
the regulatory status of Internet service was subject to various interpretations.
For this reason, this definition may be amended to conform to applicable
Federal law.
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 to multiple subscribers
within the franchise area, but such term does not include:
A facility that serves only to retransmit
the television signals of one (1) or more television broadcast stations;
A facility that serves subscribers
without using any public right-of-way; or
A facility of a common carrier which
is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201
through 226, except that such facility shall be considered a cable
system to the extent such facility, whether on a common carrier basis
or otherwise, is used in the transmission of video programming directly
to subscribers.
Costs associated with the purchase of assets, products or
other resources that will provide service for more than one (1) year,
but shall not have any meaning inconsistent with generally accepted
accounting principles.
A portion of the electromagnetic spectrum that is capable
of carrying one (1) industry standard video signal, in either analog
or digital form. At the time of the adoption of this Chapter, analog
standard video channel is defined as six (6) MHz.
The City of Saint Charles, Missouri.
A non-profit access corporation serving the City, its assignees
or delegees or any other entity designated by the grantor whose duties
shall include the financing, management and programming of public,
educational access and whatever other duties with respect to the public
and educational access channels that the grantor from time to time
may delegate.
Any oral, written or electronic inquiry, allegation or assertion
made by a person regarding service or system operations that is not
resolved at the time of initial contact.
An electronic device that converts signals to a frequency
not susceptible to interference within the television receiver of
a subscriber and, through the use of an appropriate channel selector,
permits a subscriber to view all authorized subscriber signals delivered
at designated converter dial locations.
The City Council of Saint Charles, Missouri.
Programs or services that are provided to subscribers through
signals that have been digitally compressed and which may constitute
at the grantee's option a separate tier or category of program offering.
Consistent with applicable law this definition is purely intended
to be descriptive and does not in any way provide the City with authority
to regulate the use of digitally compressed channels.
The costs actually incurred by grantee in meeting an obligation
under its franchise which grantee would not otherwise have incurred
in order to either operate and conduct the business of its cable system
or meet another obligation of the franchise.
The cable or cables that connect the users of the system
to the distribution system in order to receive service.
Channels specially designated for
non-commercial educational access programming use, including the cablecasting
of events and activities of the school systems authorized to use such
channels; and
The facilities and equipment necessary
for the activation of such channels as specified in the applicable
franchise agreement.
The date a franchise becomes effective in accordance with
the franchise and the rules and procedures of the City.
The Federal Communications Commission or a designated representative.
The rights and obligations extended by the City to a person
to own, lease, construct, maintain or operate a cable system in the
right-of-way within the franchise area for the purpose of providing
cable services. Any such authorization, in whatever form granted,
shall not mean or include:
Any other permit or authorization
required for the privilege of transacting and carrying on a business
within the City required by the ordinances and laws of the City, including
the provision of telecommunications services;
Any permit, agreement or authorization
required in connection with operations in the right-of-way, including,
without limitation, permits and agreements for placing devices on
or in poles, conduits or other structures, whether owned by the City
or a private entity, or for excavating or performing other work in
or along the right-of-way.
A franchise granted pursuant to this Chapter.
The entire geographic area within the City as it is now constituted
or may in the future be constituted or any other area in the City
for which a franchise is granted in a franchise agreement.
Any fee or assessment of any kind imposed by the City or
other governmental entity on a grantee solely because of its status
and activities as such. "Franchise fee" does not include:
Any tax, fee or assessment of general
applicability (including any such tax, fee or assessment imposed on
both utilities and cable operators or their services but not including
a tax, fee or assessment that is unduly discriminatory against cable
operators or cable subscribers);
Capital costs that are required by
a franchise agreement to be incurred by a grantee for PEG access equipment
and facilities;
Requirements or charges incidental
to the award or enforcement of a franchise, including payments for
bonds, security funds, letters of credit, insurance, indemnification,
compliance audits, penalties or liquidated damages; or
Any fee imposed under Title 17 of
the United States Code.
A person who is granted a franchise and that person's agents,
employees, lawful successors, transferees or assignees.
The City and its successors or delegates.
Any revenue received by the grantee or by any other entity
that is a cable operator of the cable system, including grantee's
affiliates, from the operation of the grantee's cable system to provide
cable services. By way of illustration and not limitation, this definition
would include revenue derived from pay cable fees, installation and
reconnection fees, franchise fees collected from subscribers, leased
channel access fees; converter rentals; revenue from cable Internet
service (unless it is determined by applicable law that it is not
a cable service); revenue from home shopping to the extent conducted
through a cable service; all cable service lease payments from the
cable system; payments or other consideration received by the grantee
from programmers for carriage of programming on the cable system and
accounted for as revenue under generally accepted accounting practices
("GAAP"); advertising revenues; revenues from data transmissions to
the extent these transmissions are considered cable services under
Federal law; payments or other consideration received by the grantee
for the use of the cable system to provide cable service and accounted
for as revenue under GAAP. Gross revenues shall include revenue received
by any entity other than the grantee where necessary to prevent evasion
or avoidance of the obligations under this Chapter or a franchise
to pay the applicable franchise fees. Gross revenues shall not include:
To the extent consistent with GAAP,
bad debt; provided however, that all or part of any such bad debt
that is written off but subsequently collected shall be included in
gross revenues in the period collected;
Amounts collected from subscribers
for public, educational and governmental access;
Any taxes on services furnished by
a grantee which are imposed directly upon any subscriber or user by
the State, City or other governmental unit and which are collected
by grantee on behalf of said governmental unit; or
Institutional network charges for
educational or governmental use.
Capacity, fibers, or both, from both within the primary cable
network and/or separately constructed networks that may be dedicated
to governmental, educational and other publicly funded users for two-way,
broadband communications. The I-Net includes all equipment and maintenance
of equipment required to make the capacity available including, but
not limited to, fiber and coaxial cable, cable modems, switching,
routing, transmitting and receiving necessary for the use of the network
as determined in the individual franchise agreement.
The provision of an I-Net by a grantee to governmental, educational
and other publicly funded users, as determined by the City, pursuant
to the terms of the franchise agreement for non-commercial applications
including, but not limited to, two-way dedicated voice, video, data
and telephony channels connecting and interconnecting user facilities.
Channel capacity designated for local interest video programming
produced by the grantee, such programming may not be required as a
broad programming category and is not considered franchise related.
A mechanical or electrical accessory to a subscriber's terminal
that inhibits the video or audio portions of a certain program or
certain channel(s) provided by way of a cable system.
Channels or programming that are operated on a non-commercial
or not-for-profit basis in a manner consistent with the rules and
regulations of the national Public Broadcasting System.
Those hours during which most similar businesses 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
some weekend hours.
Any and all situations or conditions that are ordinarily
within the control of a grantee, including, but not limited to, management
or corporate decisions; employee conduct; staffing levels; special
promotions; pay-per-view events; rate increases; regular peak or seasonal
demand periods; electronic and video equipment; maintenance, repair
or upgrade of the cable system. Those conditions that are not within
the control of a grantee include, but are not limited to, natural
disasters; civil disturbances; power outages; telephone network outages;
vandalism; public works projects for which no advanced notice is given;
and severe or unusual weather conditions.
Information that a cable operator makes available to all
subscribers generally.
Any corporation, partnership, proprietorship, individual,
organization, governmental entity or any natural person.
A new franchise granted to an existing cable operator.
Any and all non-trade secret documents and information required
to be completed and/or kept or filed by the grantee on order of the
Federal Communications Commission, State or City. In accordance with
applicable law, the City shall maintain such information as confidential
to the extent that grantee identifies specific information as such.
The period between when a problem is reported and/or a request
for action is made by a subscriber or the grantor and when the action
is completed by the grantee.
The surface and space above and below any real property in
which the City has an interest in law or equity, whether held in fee
or other estate or interest or as a trustee for the public including,
but not limited to, any public street, boulevard, road, highway, freeway,
lane, alley, court, sidewalk, parkway, swale, river, tunnel, viaduct,
bridge, park or any other place, area or real property owned by or
under the control of the City.
The loss of picture or sound on one (1) or more channels
on the system or the degradation of the picture and/or sound quality
on such channels to the extent that the subscriber is unable to use
the signals, regardless of the cause, for any reason whatsoever.
Any service installation that can be completed using a drop
of one hundred fifty (150) feet or less, unless otherwise specified
in the franchise agreement.
Any person who or which elects to subscribe for any purpose
to cable service provided by a grantee by means of, or in connection
with, the cable system and whose premises or facilities are physically
wired and lawfully activated to receive cable service from grantee's
cable system, including persons who receive cable service without
charge according to the terms of the franchise agreement.
Employees of the grantee who have the authority and capability
while speaking with a subscriber to, among other things, answer billing
questions, adjust bills and schedule service and installation calls.
