[Code 1991, § 9-26]
This article shall be known as the "Cable Communications Ordinance."
[Code 1991, § 9-27]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any channel set aside for public use, educational use, or
governmental use without a channel usage charge to the user.
Any person entitled to use an access channel consistent with
the intended purpose of the channel.
A proposal seeking authority to construct and operate a cable
television system within the City pursuant to this article. It shall
include the initial proposal plus all related subsequent amendments
and correspondence between the City and the applicant relative thereto.
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 shall not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such
facilities use any public right-of-way;
A facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934 (47 U.S.C. § 201 et seq.), as amended, except that
such facility shall be considered a cable system to the extent such
facility is used to transmit video programming directly to subscribers;
or
Any facilities of any electric utility used solely for operating
its electric utility system.
The one-way transmission of video and other programming signals
to subscribers, together with subscriber interaction, if any, which
is provided in connection with the video programming.
The attachment or activation of the drop to the radio or
television set or other communications device of the subscriber.
An electronic tuning device which converts transmitted signals
to a frequency which permits their reception on an ordinary television
receiver.
The cable connecting a subscriber's premises.
The Federal Communications Commission or any legally appointed
or designated agent or successor.
The delivery, by mail or otherwise, to the appropriate office,
officer or agent of the City of any document or other thing which
this article or the franchise requires the franchisee to file with
the City. The date of receipt by the City shall be considered the
file date. Unless specified to the contrary, the filing shall be with
the office of the City Manager.
The nonexclusive right and authority to construct, maintain,
and operate a cable communications system through use of the public
streets, public utility easements, other public rights-of-way, or
public places in the City pursuant to a contractual agreement executed
by the franchising authority and a franchisee.
An entity authorized to construct or operate a cable communications
system within the City pursuant to this article, including any lawful
successor, transferee or assignee of the original grantee.
Benefits that attach to the business as a result of its location
in the City, the franchisee's reputation among subscribers or potential
subscribers for dependability and quality of service, and any other
circumstances resulting in probable retention of old subscribers or
acquisition of new subscribers; except no value shall be assigned
to the franchise itself.
All operating revenue from the cable communications system
derived directly or indirectly by a franchisee, its affiliates, subsidiaries,
parent, and any person in which the franchisee has a financial interest
in association with the provision of cable television services within
the City, including, but not limited to, monthly service fees, premium
service fees, institutional service fees, installation and reconnection
fees, leased channel fees, converter rentals, studio rental, production
equipment and personnel fees, and advertising revenues; provided,
however, that this shall not include any taxes on services furnished
by the franchisee payable to the state or any other governmental unit
and collected by the franchisee on behalf of the governmental unit,
or any revenues from the provision of cable television services outside
the City, or any revenues from sale of capital assets or lease of
property for purposes unrelated to cable television.
Any channel or part of a channel available for commercial
use on a fee basis by persons other than a franchisee.
National Television Systems Committee.
Pay television offered on a per-channel or per-program basis.
Request for proposals.
A specific set of cable subscriber services which are made
available only as a group for purchase by subscribers at an additional
rate for the group.
The surface of or the space above and below any public street,
road, highway, path, sidewalk, alley, court, or easement held by the
City for the purpose of public travel or public utilities, and shall
include public easements or rights-of-way.
A legitimate recipient of cable television service or other
services provided over a cable communications system.
A party utilizing a cable communications system's facilities
to transmit material or information to subscribers.
[Code 1991, § 9-28]
The purposes of this article are to:
A.
Provide for the franchising and regulation of cable television within
the City.
B.
Provide for the payment of fees and other valuable consideration
to the City for the use of the public ways and for the privilege to
construct and operate cable communications systems.
C.
Provide for the development of cable communications systems as a
means to improve communications, including the transmission of video,
audio and data signals, between and among the members of the public
and public institutions of the City.
[Code 1991, § 9-29]
This article is applicable to any valid franchise granted by
the City or other jurisdiction for the operation of a cable system
within any area located within City boundaries; provided, however,
no provision of this article shall abrogate any contractual or property
right which a franchisee may possess under a franchise existing on
January 26, 1988. This article shall also apply to any application
for a cable franchise to operate within the City or renewal thereof
filed on or after the effective date, and to any such franchise granted
thereafter and to any modification of a franchise granted after that
date; provided, however, the City may specify exceptions to this article
in a franchise or modified franchise.
[Code 1991, § 9-30]
The office of the City Manager shall have the responsibility for the day-to-day administration of cable communications operations as governed by the franchise within the City with the assistance and advice of the Cable Television Commission, as appropriate, pursuant to § 10-132. All City actions taken pursuant to this article may be performed by the City Manager except for those actions that are specifically identified in this article to be taken by the City Council. Correspondence or filings made by franchisees or franchise applicants shall be directed to the office of the City Manager unless specified to the contrary.
[Code 1991, § 9-31]
A.
Since the field of cable communications is rapidly evolving and many
technological, regulatory, financial, marketing, legal, competitive
and other changes are likely to occur during a franchise term, a degree
of flexibility is needed in order to achieve and maintain a modern
and efficient cable communications system that adequately serves the
public interest. To this end the City, with cooperative assistance
from a franchisee, shall periodically reevaluate the system operation
and negotiate appropriate franchise changes.
B.
Unless specified to the contrary in the franchise, the City shall
reevaluate the franchisee's cable operations and services three years
following the award date of the franchise and every three years thereafter
for the life of the franchise. The franchisee shall cooperate with
the City in such evaluation and provide information as may be necessary
for the evaluation.
C.
Following the public release of any reevaluation report, the City
and the franchisee shall meet to discuss the reevaluation and possible
means of improving service to the public. At that time the parties
shall negotiate any changes in the franchise that may be necessary
or desirable. All such meetings to discuss the reevaluation or to
renegotiate parts of the franchise shall be open to the public. Each
such session shall be announced in a newspaper of general circulation
in the City at least five days in advance.
D.
The City and the franchisee may meet at other times, in public session,
to discuss and negotiate possible changes to the franchise pursuant
to an agenda agreed to in advance by both parties. Such special sessions
are intended to provide a mechanism for effecting franchise changes
necessitated by major events affecting cable communications.
E.
Members of the general public may seek to add topics to a renegotiations
agenda, either by working through the negotiating parties or by presenting
a petition. If such a petition bears the valid signatures of 50 or
more qualified voters in the City, the proposed topic shall be added
to the agenda of topics to be discussed at the session.
