[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 11-5-1979 by HB No.
9-79. Amendments noted where applicable.]
A.Â
It shall be unlawful for any person to own, operate or solicit subscribers
for any cable television system without first having obtained a franchise
from the Franchise Authority.
B.Â
Violation of this section shall be a misdemeanor and punishable by
a fine not to exceed $500 or imprisonment not to exceed 90 days, or
both.
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning herein, unless
the context clearly indicates that another meaning is intended. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The Hyattsville Cable Television Commission.
[Amended 10-19-1981 by
HB No. 22-81]
Any communications service in addition to regular subscriber
services, including but not limited to pay television, burglar alarm
service, data transmission, facsimile service, home shopping service,
etc.
Any facility that, in whole or part, receives, directly or
indirectly, over the air and amplifies or otherwise modifies the signals
transmitting programs broadcast by one or more television or radio
stations and distributes such signals by wire or cable to subscribing
members of the public who pay for such service.
A band of frequencies six megahertz wide in the electromagnetic
spectrum capable of carrying either one audio-visual television signal
or a few nonvideo signals or a large number of nonvideo signals.
The present federal agency of that name as constituted by
the Communications Act of 1934 or any successor agency created by
the United States Congress.
An authorization granted by the City which permits the construction,
operation and maintenance of a cable television system within the
franchise area under terms not inconsistent with this ordinance.
That portion of the franchise entity for which a franchise
is granted under the authority of this ordinance. The "Franchise Area"
may or may not be coterminous with the franchise entity.
The governing body of the franchise entity.
The City of Hyattsville, Maryland, as presently constituted,
and including any area henceforth added thereto during the terms of
any franchise granted hereunder.
Any entity, its successors, heirs or assigns who shall be
awarded a franchise in accordance with the provisions of this ordinance.
Revenues derived, directly or indirectly, by a grantee from
both regular subscriber service and auxiliary service.
Those revenues derived, directly or indirectly, by a grantee
from the supplying of regular subscriber service, which are the installation
fees, disconnect and reconnect fees and fees for regular cable benefits,
including the transmission of broadcast signals and access and origination
channels if utilized. It does not include revenues derived from auxiliary
services or from any taxes, whether or not passed on to users, per-program
or per-channel charges, leased-channel revenues, advertising revenues
or any other income derived from the system.
A beneficial owner, directly or indirectly, of 10% or more
of the issued and outstanding voting stock of any corporation.
Any people, firms, corporations, associations or other legally
recognized entities.
The surface of and the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement and any other public ground or water subject
to the jurisdiction and control of the franchise entity.
That service regularly provided to all subscribers. It includes
all broadcast signal carriage and FCC-required access channel carriage,
including origination programming. It does not include specialized
programming for which a per-channel charge is made.
Any person receiving regular subscriber service.
A.Â
The franchise granted under this ordinance shall be non-exclusive,
and nothing herein shall be construed to prevent the franchise authority
from granting identical or similar franchises to more than one person
within all or any portion of the franchise entity.
B.Â
Any grantee shall, at all times during the life of this franchise,
be subject to the lawful exercise of the franchise entity's police
power and such reasonable regulations as the franchise authority may
subsequently promulgate thereunder. Nothing contained in this ordinance
shall be deemed to prohibit in any way the right of the Council to
levy nondiscriminatory occupational license taxes on any activity
conducted by the grantee.
C.Â
All privileges prescribed by this franchise shall be subordinate
to any prior lawful occupancy of the public streets, and the franchise
authority reserves the right to reasonably designate where a grantee's
facilities are to be placed within the public ways.
D.Â
The franchise shall be a privilege which is personal to the original
grantee. It shall not be sold, transferred, leased, assigned or disposed
of, in whole or in part, either by sale, merger, consolidation or
otherwise without prior consent of the franchise authority expressed
by resolution and then only under such conditions as may therein be
prescribed. Any such proposed transfer or assignment shall be made
only by an instrument in writing, which shall include an acceptance
of all terms and conditions of the franchise by the transferee, a
duly executed copy of which shall be filed with the agency within
30 days after any such transfer or assignment.
E.Â
The granting of any franchise shall be based upon the franchise authority's
judgment as to whether it will serve the public's interest; the
applicant's construction, technical and financial plans and arrangements;
and the benefits to the welfare and safety of the City and its citizens.
Such judgment shall be discretionary, and no provision of this ordinance
shall require the granting of a franchise.
F.Â
Nothing herein shall be deemed to in any way impair or affect the
right of the City to acquire the property of the grantee, either by
purchase or through the exercise of the right of eminent domain. At
a price reflective or its fair market value as an ongoing concern,
and nothing herein shall be construed to constitute a waiver or bar
to the exercise of any governmental right or power of the City.
A.Â
The grantee shall pay and by its acceptance of a franchise specifically
agrees to pay any and all damages or penalties which the City may
be legally required to pay as a result of the grantee's installation,
operation or maintenance of a franchise cable television system under
this ordinance, whether or not the acts or omissions complained of
are authorized, allowed or prohibited by the City.
B.Â
The grantee shall also pay all expenses incurred by the City in defending itself with regard to any and all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses, including reasonable attorneys' fees and the reasonable value of services rendered by any employee of the City.
Any CATV system to be constructed by a grantee shall be installed,
maintained and operated at all times in full compliance with the technical
and channel capacity standards of the Federal Communications Commission.
The results of annual performance tests conducted in accordance with
Sec. 76.601(c), FCC rules, or such other section of the rules as shall
incorporate its substance, shall be retained for at least five years
and available for inspection by the City.
The grantee shall at all times:
A.Â
Install and maintain its wires, cables, fixtures and other equipment
in accordance with the requirements of the City and County Building,
Electrical, Fire, Health and Plumbing Codes and in such manner that
they will not interfere with any installations of the City.
B.Â
Keep and maintain in a safe, suitable, substantial condition and
in good order and repair all structures, lines, equipment and public
ways or places of the City wherever situated or located.
Throughout the life of its franchise, a grantee shall:
A.Â
Maintain all parts of its system in good condition and in accordance
with standards generally observed by the cable television industry.
Sufficient employees shall be retained to provide safe, adequate and
prompt service for all of its facilities.
B.Â
Maintain a conveniently located business office and service center
to which subscribers may telephone without incurring added message
units or toll changes. This office shall be open during all usual
business hours and shall be so operated that compliance complaints
and requests for repairs or adjustments may be received by telephone
at any time when any television signals are being broadcast.
C.Â
Dispatch personnel to investigate all service complaints and equipment
malfunctions within 24 hours and strive to resolve such complaints
as promptly as possible. Planned interruption of service shall be
only for good cause. Insofar as possible, planned service interruptions
shall be preceded by notice, shall be of brief duration and shall
occur during minimum viewing hours.
D.Â
Maintain a complete list of all complaints received and the measures
taken to resolve them in a form to be approved by the agency. This
list shall be available to the agency upon request.
E.Â
Permit the agency to inspect and test the system's technical
equipment and facilities upon reasonable notice (12 to 24 hours).
A.Â
Any pavements, sidewalks, curbing or other paved area taken up or
any excavations made by a grantee shall be done under the supervision
and direction of the agency under permits issued for work by the proper
official of the City and shall be done in such manner as to give the
least inconvenience to the inhabitants of the City. The grantee shall,
at its own cost and expense and in a manner approved by the agency,
replace and restore any such pavements, sidewalks, curbing or other
paved areas in as good a condition as before the work involving such
disturbance was done and shall also make and keep full and complete
plats, maps and records showing the exact locations of its facilities
located within the public streets, ways and easements of the franchise
entity. These maps shall be available for inspection at any time during
business hours by the agency.
B.Â
The grantee shall, at its expense, protect, support, temporarily
disconnect, relocate or remove any of its property when required by
the City by reason of traffic conditions, public safety, road construction,
change of street grade, installation of sewers, drains, water pipes,
power lines, signal lines, tracks or any other type of municipal improvements;
provided, however, that the grantee shall, in all such cases, have
the privilege of abandoning any property in place. If the City requests
substantial relocating, it shall compensate the grantee in the amount
of its relocation costs.
C.Â
The grantee shall, on the request of any person holding a building
moving permit issued by the City, temporarily raise or lower its wires
to permit the moving of buildings. The expense of such temporary removal
or raising or lowering of wires shall be paid by the person requesting
same, and the grantee shall have the authority to require such payment
in advance. The grantee shall be given not less than 48 hours'
advance notice to arrange for such temporary wire changes.
D.Â
The grantee shall have authority to trim the trees upon and overhanging
the public street so as to prevent the branches of such trees from
coming in contact with the wires and cables of the grantee, except
that, at the option of the City, such trimming may be done by it or
under its supervision and direction at the expense of the grantee.
E.Â
In all sections of the franchise area where the cable, wires or other
similar facilities of public utilities are placed underground, the
grantee shall place its cables, wires or other like facilities underground
to the maximum extent that existing technology reasonably permits.
Concurrently with the acceptance of its franchise, a grantee
shall file with the City a bond with an acceptance surety in an amount
designated by the City to indemnify the City against any losses it
may suffer in the event that the grantee fails to comply with one
or more of the provisions of its franchise. Said bond shall be obtained
at the sole expense of the grantee and remain in effect for the full
term of the franchise or any renewal thereof, plus an additional six
months thereafter.
The City shall be entitled to collect a franchise fee in such
amount as may be, from time to time, established by the Council for
each franchise granted.
The City shall be empowered to include as part of any franchise
such terms and conditions as it deems beneficial to the subscribers
in the franchise area, including the regulation of rates charged to
such subscribers.
A grantee shall:
[Amended 9-19-1994 by
HB No. 9-94]
The Council shall establish the duration of each franchise granted
under this ordinance and the terms and conditions for any renewal
thereof. Upon the written request of a franchisee and the furnishing
of information in support of the granting of such request as being
in the best interest of subscribers, the Council shall have the power
to extend an existing franchise for a period of time less than that
of the franchise as originally granted.
It shall be unlawful for any person to make or use any unauthorized
connection, whether physically, electrically, acoustically, inductively
or otherwise, with any part of a franchised cable television system
within the City for the purpose of enabling himself or others to receive
any television signal, radio signal, picture, program or sound without
authorization of the grantee or owner of said system.
This ordinance shall not prohibit the erection or continued
use of individual television antennas nor require any person to receive
cable television service or connect with a cable television system.
The Council shall have the right to delegate any right, benefit,
duty, obligation or power under this ordinance to the agency or any
employee, officer or department of the City.
The Council shall have the authority to promulgate such rules
and regulations as are necessary to implement, administer and enforce
this ordinance and any franchise granted hereunder.
In addition to the rights and powers pertaining to the City
contained in any franchise, the City shall have the right to terminate
and cancel a franchise if the grantee refuses to obey any duly promulgated
In addition rule, order or promulgation of the Council or agency made
pursuant to a franchise; becomes involvement, unable or unwilling
to pay its debts or is adjudged bankrupt; or attempts to evade any
of the provisions of a franchise or practices any fraud or deceit
upon the City; provided, however, that, before any franchise may be
terminated.
[1]
Editor's Note: Former § A125-19, Cable Television
Commission, and § A125-20, Basic service rates and charges,
were repealed 2-1-2009 by HO-2009-01.
