A.
Throughout the term of the franchise, a grantee shall maintain books
and records in accordance with normal and accepted bookkeeping and
accounting practices for the cable communications industry, and allow
for inspection and copying of the same at reasonable times at its
designated office. The books and records to be maintained by a grantee
shall include the following:
(1)
A record of all requests for service;
(2)
A record of all subscriber or other complaints, and the action taken;
(3)
A file of all subscriber contracts; provided, however, that the grantee
will not have to disclose subscriber records which would tend to invade
subscriber privacy;
(4)
A grantee's policies, procedures and company rules; and
(5)
Financial records pursuant to the terms and conditions of the franchise
agreement.
B.
The Township shall give a grantee at least 24 hours' notice
before making inspections of any books or records of the grantee.
C.
A grantee shall file with the Township, at the time of its payment
of the franchise fee, the following:
(1)
A financial statement, certified by the grantee as correct, showing
in such detail as may be required by the Township the gross operating
revenues of the grantee for the period to which the fee relates, together
with all other financial information customarily contained in such
statements and such other financial information as may be required
by the Township.
(2)
An annual certified financial statement prepared by an independent
certified public accountant showing in such detail as may be required
by the Township the gross operating revenues of the grantee for the
period to which the annual fee relates, together with all other financial
information customarily contained in such statements and such other
financial information as may be required by the Township.
(3)
Current list of names and addresses of each officer and director
and other managerial and supervisory personnel, as well as each shareholder,
having legal or beneficial ownership of 1% or more of the grantee's
stock if changed from a prior filing.
(4)
A copy of each document filed with all federal, state and local agencies
during the preceding fiscal year and not previously filed with the
Township (each of which filings are to be provided at the time the
filing is made).
(5)
A statement of its current billing practices if changed from a prior
filing.
(6)
A copy of its current rules if changed from a prior filing.
(7)
A copy of its current subscriber service contract if changed from
a prior filing.
D.
The Township, its agents and representatives shall have authority
to arrange for and conduct an audit of and copy the books and records
of the grantee; provided, however, that all books and records so audited
shall remain the sole and exclusive property of the grantee. The grantee
shall first be given five days' notice of the audit request,
the description of and purpose for the audit, and the description,
to the best of the Township's ability, of the books, records
and documents it wishes to review.
A.
The grantee shall receive approval from the Township of the form
and content of the service contract to be used by the grantee prior
to entering into any such service contracts with subscribers, and
the grantee shall make no changes in the approved service contract
without prior approval of the Township. The service contract shall
include, at a minimum, a schedule of all rates and charges, a description
of services, instructions on the use of the system, and billing and
collection practices.
B.
The grantee shall have authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall
be reasonably necessary to enable the grantee to exercise its rights
and perform its obligations under the franchise and to ensure an uninterrupted
service to each and all of its subscribers; provided, such rules,
regulations, terms and conditions shall not be in conflict with the
provisions of the franchise, ordinances of the Township, and laws
of the state or the United States.
C.
Each subscriber shall be provided with instructions on filing complaints
or otherwise obtaining information or assistance from the grantee.
D.
All items described in this section shall be provided to each new
subscriber at the time a contract is entered or service begun and
to all existing subscribers forthwith upon any changes therein.
E.
The term of a subscriber contract shall not be for more than 12 months'
duration unless after 12 months the contract may be terminated by
the subscriber at his option at any time without penalty.
A.
There shall be no charge for disconnection of any installation or
outlet. If any subscriber fails to pay a properly due monthly subscriber
fee or any other proper fee or charge when due, the grantee may discontinue
service to such subscriber; provided, however, the grantee may not
remove any of its equipment until after the later of: i) 30 days after
the due date of said delinquent fee or charge; or ii) 10 days after
delivery to subscriber of written notice of the intent to disconnect.
If a subscriber pays before expiration of the later of i) or ii),
the grantee shall not disconnect. After disconnection, upon payment
in full of the delinquent fee or charge and the payment of a reconnection
charge, the grantee shall promptly reinstate the subscriber's
cable service.
B.
Refunds to subscribers shall be made or determined in the following
manner:
(1)
If the grantee fails, upon request by a subscriber, to provide any
service then being offered, the grantee shall promptly refund all
deposits or advance charges paid for the service in question by said
subscriber. This provision does not alter the grantee's responsibility
to subscribers under any separate contractual agreement or relieve
the grantee of any other liability.
(2)
If any subscriber terminates any monthly service because of failure
of the grantee to render the service in accordance with the franchise,
the grantee shall refund to such subscriber the proportionate share
of the charges paid by the subscriber for the services not received.
This provision does not relieve the grantee of liability established
in other provisions of the franchise.
C.
If any subscriber terminates any monthly service prior to the end
of a prepaid period, a proportionate portion of any prepaid subscriber
service fee, using the number of days as a basis, shall be refunded
to the subscriber by the grantee.
A.
Rates and charges.
(1)
Limitations on rates. The charges made for services of the grantee
shall be fair and reasonable and no higher than necessary to meet
all costs of the service (assuming efficient and economical management),
and to provide a fair return to the grantee. The grantee shall receive
no consideration whatsoever from its subscribers for or in connection
with its service to its subscribers other than in accordance with
this section, without approval of the Township Board.
(2)
Adjustments to rates. The Township Board shall have the power, authority and right to cause the grantee's rates and charges to conform to the provisions of Subsection A(1) of this section, and for this purpose it may deny or institute changes in such rates and charges when it determines that, in the absence of such action on its part, the grantee's rates and charges or proposed rates and charges will not conform to such subsection.
B.
Rate schedule. The grantee's proposal shall include a detailed
schedule of all rates and charges applicable to the system as required
by the RFP. There shall be no charge for disconnection of any installation
or connection and no charge for maintenance or repair service unless
such service is required as a result of damage caused by the subscriber.
The rates and charges set forth in the grantee's proposal shall
not be exceeded during 3 1/2 years from the date of the franchise
agreement or two years after completion of construction of the system,
whichever first occurs.
C.
Rate changes. The criteria and standards relating to the establishment
of rate changes, whether initiated by the Township or by the grantee,
shall include the following:
(1)
The ability of the grantee to render system services and to derive
a reasonable profit therefrom under the existing rate schedule and
proposed rate schedule;
(2)
The revenues and profits derived from system services;
(3)
The efficiency of the grantee;
(4)
The quality of the service offered by the grantee;
(5)
The original cost of the system, less depreciation;
(6)
A fair rate of return with respect to investments having similar
risks to that of providing cable communications services;
(7)
The extent to which the grantee has adhered to the terms of the franchise;
(8)
Fairness to residents and subscribers;
(9)
Capital expenditures by the grantee in providing updated technology
and service to subscriber; and
(10)
Such other factors as the Township may deem relevant.
D.
Procedure for rate changes. The procedure for reviewing and establishing
a proposed rate change, whether initiated by the Township or by the
grantee, shall comply with the following requirements:
(1)
No rate change shall be established except after a public hearing
of which the grantee and the grantee's subscribers in the Township
have received notice as provided herein.
(2)
If the proposed change is initiated by the grantee, it shall be initiated by written application of the grantee submitted to the Township which application shall describe the proposed change and the proposed effective date of such change. Within a reasonable time after receipt of the application, the Township Board shall schedule the public hearing thereon required by Subsection D(1) of this section and cause written notice thereof to be sent to the grantee by registered or certified mail. The Township shall cause notice of the public hearing to be furnished to the grantee's subscribers by publishing notice thereof in a newspaper of general circulation in the Township not more than 10 nor less than five days prior to the hearing. In addition, the grantee shall notify its subscribers in the Township of the hearing by announcing the time, date, and place thereof, one week immediately prior to the hearing, each day between 7:00 p.m. and 9:00 p.m. on two channels. The public hearing shall be scheduled within a reasonable time after receipt of the grantee's application, but nothing herein shall be deemed to prevent the Township Board from referring such application to a committee or organization referred to in § 148-4 prior to such public hearing.
(3)
If the proposed change is initiated by the Township, the Township Board shall cause written notice thereof to be sent to the grantee by registered or certified mail. The notice shall describe the proposed change, and the proposed effective date thereof, and shall further set forth the time, date and place of the hearing. The Township and the grantee shall cause notice of the proposed change to be sent to the grantee's subscribers in the Township as provided in Subsection D(2) of this section.
(4)
The grantee's application shall be accompanied by the following
(and such supplemental information as the Township may request): The
grantee's most current year-end and interim financial statements;
a list of current rates and charges of the grantee in other areas
franchised to the grantee; a list of current rates and charges applicable
to systems owned or operated by the grantee's parent, or other
subsidiaries or affiliates of the grantee's parent corporation
or of the grantee; a list of current rates and charges for other systems
in Wayne, Oakland and Macomb Counties.
(5)
In reviewing an application of the grantee, the Township may utilize
a rate consultant selected by it. All costs for review of the application,
including, without limitation, reasonable fees of the consultant,
reasonable attorney fees, and the reasonable value of the services
rendered by other agents, employees, and representatives of the Township,
shall be paid by the grantee.
(6)
The Township Board shall make its determination regarding any rate
change, whether initiated by it or by the grantee, within a reasonable
time after the closing of the public hearing thereon. Any change shall
become effective upon the date determined by the Township Board.
E.
No change required. Nothing herein shall be deemed to require any
proposed rate change initiated by the grantee.
The grantee is expressly prohibited from any form of subliminal
advertising or transmission at any time.
No person, whether or not a subscriber to the cable system,
may intentionally or knowingly remove or damage or cause to be damaged
any wire, cable conduit, equipment, or apparatus of the grantee, or
to commit any act with an intent to cause such removal or damage,
or tap, tamper with, or otherwise connect any wire or device to a
wire, cable, conduit, equipment and apparatus, or appurtenances of
the licensee with the intent to obtain a signal or impulse from the
cable system without authorization from or compensation to the grantee,
or obtain cable television or other communications, service or sell,
rent, lend, offer or advertise for sale, rental or use any instrument,
apparatus, device or plans, specifications, or instructions for making
or assembling the same to connect to the grantee's cable system
with intent to cheat or defraud the grantee of any lawful charge to
which it is entitled.
A.
The Township hereby declares that this chapter has as one of its
principal objectives, the lawful public purpose of rapidly developing
and maximizing the educational, community service, cultural and public
safety potential of cable television in order to benefit all of the
residents of the Township. The Township further finds that the public
interest and necessity require that no owner of any multiple-unit
residential dwelling (nor his agent or representative) be permitted
to directly or indirectly prevent any resident of such dwelling from
receiving cable communications service installation, maintenance and
services from a grantee operating under a valid franchise issued by
the Township.
B.
Multiple-unit residential dwellings.
(1)
In order to provide the opportunity for the residents of any multiple-unit
residential dwelling to obtain service from a grantee, such grantee
may negotiate an agreement with the owner of that dwelling or, failing
agreement, may request that the Township exercise its power of eminent
domain for the necessary public purpose of enabling the grantee to
serve residents of that multiple-unit residential dwelling. Upon request
of such grantee, the Township may commence condemnation proceedings
in accordance with applicable law. In the event of such proceeding,
in preparing its good faith offer of just compensation, the Township
may consider.
(a)
The amount and fair market value of space occupied by the grantee's
cable and related facilities. The fair market value of the space shall
be assessed in light of the prior use, if any, of that space, together
with any evidence of nonspeculative alternative uses;
(b)
The present value of any funds that the owner will reasonably
expend over time in ensuring that the grantee conforms to all laws,
regulations and reasonable conditions necessary to ensure the safety,
convenient functioning, and appearance of the multiple-unit residential
dwelling;
(c)
The continued physical availability of other space on the premises
for the installation of alternative modes of television program reception
or delivery;
(e)
Any other reasonable, nonspeculative factors which the Township
may find relevant.
(2)
The requesting grantee shall indemnify the Township for all expenses
and costs incurred by the Township in the condemnation proceedings
as well as for the full amount of the condemnation award made to the
owner if such condemnation proceedings are completed or otherwise
settled.
C.
Notwithstanding anything to the contrary set forth in this chapter
or the franchise agreement, the grantee shall be permitted to charge
each resident of a multiple-unit residential dwelling an additional
charge, above and beyond the service rate for a single-family dwelling
as specified in the franchise agreement, solely to defray the exact
additional per-resident cost to the grantee of compensating the owner
for access to the multiple-unit residential dwelling. Any such additional
charge shall be subject to the approval of the grantor. Such additional
charge shall not be included in the computation of franchise fees
due to the Township pursuant to this chapter or the franchise agreement.
D.
Notwithstanding any other language in this section or elsewhere in
this chapter, the grantee shall not be obligated to provide service
to any multiple-unit residential dwelling so long as the owner of
that dwelling demands compensation from the grantee in an amount that
is unreasonable or imposes financial or other conditions that would,
in the grantee's reasonable business judgment, render provision
of service to that dwelling uneconomic. Should the grantee, subsequently,
agree to render service to such multiple-unit residential dwelling,
there shall be no installation charges to the residents of such dwelling
beyond those set forth in the franchise agreement. The grantee shall
not be obligated, in such circumstances, to request the Township to
institute condemnation proceedings.
E.
Neither the owner of any multiple-unit residential dwelling nor his agent or representative shall penalize, charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident or discriminate in any way against such tenant or resident who requests or receives cable communications service from a company operating under a valid and existing cable communication franchise issued by the Township. Any person convicted of violating any provision of this section is subject to a fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland.[1]
F.
No person shall resell, without the express written consent of both
the grantee and the Township, any cable service, program or signal
transmitted by a grantee operating under a franchise issued by the
Township.
G.
Nothing in this section shall prohibit a person from requiring that
cable communications system facilities conform to laws and regulations
and reasonable conditions necessary to protect safety, functioning
and appearance.
H.
Nothing in this article shall prohibit a person from requiring a
grantee from agreeing to indemnify the owner, or his agents or representatives,
for damages or for liability for physical damages caused by installation,
operation, maintenance, or removal of cable television facilities.
