[HISTORY: Adopted by the Town Board of the Town of Woodruff 11-26-1997
(Ch. 22 of the 1986 Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments
noted where applicable.]
A.
This chapter allows the Town of Woodruff to grant to
a franchise grantee, its successors and assigns a nonexclusive franchise to
install, maintain, and operate a cable television system for the distribution
of television signals, frequency-modulated radio signals, closed circuit television
programs, digital transmission, audio transmission, data transmission and
any electric signals capable of being carried on a fiber or coaxial network,
provided that the franchise grantee conforms to the conditions, limitations,
requirements of this chapter. This chapter may be amended from time to time
by the Town of Woodruff through the enactment of amendments thereto.
B.
Ninety days prior to the fifth anniversary of the date
of the signing of the franchise agreement, the Town of Woodruff and grantee
shall meet to discuss the state of the art in the cable communications industry,
and the parties shall, upon agreement and in full consideration of the economic
effect thereof, amend this chapter and/or the franchise agreement to reflect
state of the art inflections which will be incorporated by the franchise.
The parties agree that they shall work together in good faith.
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. 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.
Coaxial cables, wave guides, or other conductors and equipment for
providing video, audio, and data frequencies by cable or through its facilities
as herein contemplated, and including closed circuit special event programs
and educational television.
A person or entity to whom or to which a franchise under this chapter
is granted by the Town Supervisors and the lawful successors or assigns of
such person or entity.
The annual gross revenues of the grantee from all basic customer
service monthly fees, pay cable fees and installation and reconnection fees
in the Town of Woodruff. The term does not include any taxes on service furnished
by the grantee and imposed directly upon any subscriber or used by the state,
Town, or other governmental unit and collected by the grantee on behalf of
said governmental unit.
The surface of and space above and below any public street, road,
highway, freeway, lane, alley, court, sidewalk, parkway or drive now or hereafter
existing as such within the Town.
Any person or entity receiving and paying for any purpose the services
of a grantee herein.
The Town of Woodruff, State of Wisconsin, in its present incorporated
form or in any later recognized, consolidated, enlarged or reinterpreted form.
The present governing body of the Town or any future body constituting
the legislative body of the Town.
A.
A grantee shall have the right to apply to the Town for
renewal or extension of the franchise. The Town shall grant such renewal or
extension application unless it finds that:
(1)
The grantee has not substantially complied with the material
terms of the chapter and with applicable law, or its officers have been convicted
of a felony;
(2)
The legal, technical, or financial qualifications of
the grantee are inadequate to provide the service proposed by it;
(3)
The service and facilities to be provided by the grantee
are not reasonable in light of the community need for and cost of such services
and facilities;
(4)
The service quality of the cable system has not been
reasonable in the light of the community needs; or
(5)
The proposals contained in the renewal application are
otherwise unreasonable.
B.
A grantee must file for renewal at least 30 months before
the expiration of the franchise. The Town must consider the renewal application
and conduct any proceedings necessary to adequately consider the application
and may not request, accept, or consider any other franchise application until
the grantee's application is denied or approved.
C.
The Town shall negotiate in good faith with the grantee
regarding franchise renewal within 60 days after the completion of proceedings
and shall make a preliminary decision granting or denying renewal within four
months after receipt of any application. If the Town denies an application
it must notify the grantee by written statement, within seven days after its
decision, of the reasons for the denial.
D.
The grantee, if adversely affected or aggrieved by a
decision of the Town made pursuant to this section, may appeal such decision
in any court of competent jurisdiction. The franchise shall remain in effect
pending the completion of such appeal.
E.
Both the Town and grantee shall comply with all the provisions
of Section 626 of the Cable Communication Policy Act of 1984 regarding renewal
procedures.
F.
In the event that the Act changes, the Town shall conduct
renewal procedures in accordance with then applicable law.
A.
Should a grantee's franchise be terminated or expire
and there is no judicial or administrative review of the termination or expiration
taking place, the grantee shall begin removal within 90 days of termination
or expiration of all property owned by the grantee and placed on a public
right-of-way, unless permitted by the Town to abandon said property to a purchaser.
B.
In the event that a franchise has been terminated or
expired, the Town shall have the option, to the extent then permitted by law,
to purchase the assets of the grantee's cable television system previously
governed by the franchise at their fair market value by matching any other
reasonable, bona fide offer to purchase the system, to assign such right to
purchase, or to require removal of all of the grantee's property located within
the public ways of the Town at the grantee's expense. Such an option must
be exercised within one year from the date of the revocation or expiration
of the franchise, the entry of a final judgment by a court reviewing the question
of the revocation or expiration, or the entry of final order upon appeal of
the same, whichever is later.
A.
All of the rights and privileges and all the obligations,
duties and liabilities created by this chapter shall pass to and be binding
upon the successors of the Town and the successors and assigns of any grantee,
and the same shall not be assigned or transferred without the written approval
of the Town hereunder, which approval shall not be unreasonably withheld without
a showing of good cause; provided, however, that this section shall not prevent
the assignment or pledge of a franchise or system by a grantee as security
for debt without such approval, and provided further that transfers or assignments
of a franchise between any parent and subsidiary corporation or between entities
of which at least 51% of the beneficial ownership is held by the grantee or
any parent corporation shall be permitted without the prior approval of the
Town. The sale, transfer, or assignment of a material portion of the tangible
assets of a grantee to an unrelated third party shall be considered an assignment
subject to the provisions of this section.
B.
The parties to the sale or transfer of a franchise shall
make a written request to the Town for its approval of a sale or transfer
of the franchise.
C.
The Town shall reply in writing within 30 days of the
request and shall indicate approval of the request or its determination that
a public hearing is necessary due to potential adverse effect on the franchise
subscribers.
D.
If a public hearing is deemed necessary, the Town shall
conduct such hearing within 30 days of such determination, and notice of any
such hearing shall be given 14 days prior to the hearing by publishing notice
thereof once in a newspaper of general circulation in the area being served
by the franchise. The notice shall contain the date, time and place of the
hearing and shall briefly state the substance of the action to be considered
by the Town.
E.
Within 30 days after the public hearing, the Town shall
approve or deny in writing the sale or transfer request.
F.
The parties to the sale or transfer of a franchise only,
without the inclusion of a cable communications system in which at least substantial
construction has commenced, shall establish that the sale or transfer of a
franchise only will be in the public interest.
G.
A grantee, upon transfer, shall within 60 days thereafter
file with the Town a copy of the deed, agreement or other written instrument
evidencing such sale, transfer of ownership or control or lease, certified
and sworn to as correct by the grantee.
Any franchise is for the present territorial limits of the Town of Woodruff.
For any area henceforth added thereto during the term of the franchise, service
shall be extended wherever household density reaches 20 homes per plant mile,
including interconnecting trunks.
A.
A grantee shall not, except as required by governmental
action, provide any data concerning specific subscribers or users or their
use of subscriber services without notification to the subscribers or users.
B.
Subscribers and users shall retain the right to deactivate
their terminals but shall continue to be responsible for charges until the
grantee is notified to terminate service.
A.
The cable system shall be operated to comply with all
guidelines and standards set by the FCC for signal quality and leakage upon
proper notification. The Town reserves the right to test the system and independently
measure the signal quality. The system shall comply at all times with the
National Electrical Code of the National Fire Protection Association.
B.
The Town may inspect all construction or installation
work during such construction or installation, or at any time after the completion
thereof, in order to ensure compliance with the provisions of this chapter
and all other governing ordinances.
Any grantee shall manage all of its operations in accordance with the
policy of totally open books and records vis-a-vis the Town. The authorized
officers of the Town shall have the right to inspect, upon notice, during
normal business hours, all books, records, maps, plans, and service complaint
logs of the grantee that relate to the operation of the franchise.
A.
The grantee shall provide a line, either staffed or with
answering capabilities, available 24 hours a day.
B.
The grantee shall answer service requests for service
interruptions within 24 hours, excluding weekends and holidays. Problems should
be rectified in 48 hours or, in case of a dispute, in fewer than 30 days.
Customers shall be able to request from the grantee that a service visit occur
during a four-hour block of time in either the morning or the afternoon.
C.
Cable television subscriber rights and definitions under
Wisconsin law relating to cable television (§ 100.209, Wis. Stats.)
shall apply.
Upon request, a grantee shall, as part of the acceptance of a franchise,
provide a complete written description or map of the cable system in the Town
of Woodruff. Such written description or map shall be updated as additions
or changes are made.
A.
Rates charged by a grantee for service hereunder shall
be fair and reasonable. The grantee shall not engage, directly or indirectly,
in any sales or service of individual television sets.
B.
Subsequent additions or amendments to rates and service
charges shall likewise be filed with the Town Clerk 30 days prior to the same
becoming effective.
A.
All transmission and distribution structures, lines and
equipment erected by a grantee within the Town shall be so located as not
to cause interference with the proper use of streets, alleys, and other public
ways and places and not to cause interference with the rights of or reasonable
convenience of owners of property which adjoins any of the streets, alleys,
or other public ways and places.
B.
In case of any disturbance of pavement, sidewalk, driveway,
or other surfacing, the grantee shall first complete disturbances of pavement,
sidewalk, driveway, or other surfacing and shall, at its own cost and expense
and in a manner approved by the Town, replace and restore all pavement, sidewalk,
driveway, or other surface of any street or alley disturbed in as good condition
as before such work commenced. The grantee shall otherwise comply with Town
ordinances relating to street openings.
C.
If at any time during the period of a franchise the Town shall elect to alter or change the location or grade of any street, alley, or other public way, the grantee, upon reasonable notice by the Town, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the grantee is in violation of the provisions of Subsection A above, the grantee shall likewise, upon reasonable notice by the Town, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.
D.
The grantee shall not place poles or other fixtures where
the same will interfere with any existing gas, electric, telephone, or other
fixture, water hydrant, or main. All such poles or other fixtures placed in
any street shall be placed between the outer edge of sidewalk and the curbline,
and those placed in alleys shall be placed close to the line of the lot abutting
on such alley in such a manner as not to interfere with the usual travel on
the streets, alleys, and public ways. However, nothing in this chapter shall
prohibit the use by the grantee of existing public utility poles where practical.
E.
A grantee shall, on the request of any person holding
a building moving permit issued by the Town, temporarily raise or lower its
wires to permit the moving of buildings. The expenses of such temporary raising
or lowering of the wires shall be paid by the person requesting the same,
and the grantee may require such payment in advance. The grantee shall be
given notice not less than five working days in advance to arrange for such
temporary wire changes.
F.
The grantee, to the same extent that the Town has such
authority, may trim trees that overhang streets, alleys, sidewalks, and public
places of the Town so as to prevent the branches of such trees from coming
in contact with the wires and cables of the grantee.
No franchise fee is required.
A.
The grantee shall defend and save the Town and its agents
and employees harmless from all claims, damages, losses, and expenses, including
attorney fees, sustained by the Town on account of any suit, judgment, execution,
claim, or demand whatsoever arising out of:
(1)
The enactment of this chapter and granting of a franchise
thereafter, except such claims as may arise from the Town's selection of a
grantee to be awarded a franchise pursuant to this chapter.
(2)
The installation, operation or maintenance of the cable
system, except for acts of the Town, its agents or employees, unless said
acts are at the request of and under the direction or supervision of the grantee.
B.
The Town shall notify the grantee within 10 days after
the presentation of any claim or demand, either by suit or otherwise, made
against the Town on the part of the grantee. The grantee shall furnish to
the Town, before any franchise becomes effective, satisfactory evidence in
writing that the grantee has in force and will maintain in force during the
term of the franchise public liability insurance.
C.
All grantees shall maintain throughout the term of the
franchise a general comprehensive liability insurance policy naming as additional
insured the Town, its officers, boards, commissions, agents, and employees
in a form satisfactory to the Town Attorney. The policy shall protect the
Town and its agencies and employees against liability for loss or damages
for personal injury, death or property damage occasioned by the operations
of the grantee under any franchise granted hereunder in the amounts of $1,000,000
for bodily injury or death to any one person, with the limit however of $2,000,000
for bodily injury or death resulting from any one accident, and $1,000,000
for property damage resulting from any one accident. The Town shall be named
as an additional insured under such insurance, and a copy of the current in-force
policy shall be deposited with the Town Clerk.
A grantee is not responsible for failure to provide adequate service
caused by acts of God, strikes, governmental or military action, or other
conditions beyond its control, including the lack of material or parts. Except
as otherwise provided, upon interruption of service of greater than 48 hours
without the prior express permission of the Town, the grantee shall provide
its customers with a refund based on the following formula: the basic service
rate times the number of days divided by the number of days in the month.
A.
An owner or operator of an apartment building, condominium,
nursing home, mobile home park, or any other rental facility may not interfere
with or charge a fee for the installation of cable system facilities for the
use of a lessee of said property or premises, except that such owner or operator
may require:
(1)
Installation to conform to reasonable conditions necessary
to protect the safety, appearance and functioning of the premises.
(2)
The grantee, occupant, or tenant to pay for the installation,
operation, or removal of such facilities.
(3)
The grantee, occupant, or tenant to agree to indemnify
the owner or operator for any damages caused by the installation, operation
or removal of such facilities.
B.
It shall be unlawful for the grantee to reimburse or
offer to reimburse any person, or for any person to demand or receive reimbursement
from the grantee, for the placement upon the premises of such person of the
grantee's facilities necessary to connect such person's premises to the distribution
lines of the grantee to provide cable service to said premises.
C.
A landlord may not discriminate in the amount of rent
charged to tenants or occupants who receive cable service and those who do
not.
A.
The right is hereby reserved by the Town to adopt, in
addition to the provisions contained in this chapter and existing applicable
ordinances, such additional regulations as it shall find necessary in the
exercise of its police powers. Such regulations, by ordinance or otherwise,
shall be reasonable and not be in conflict with the rights granted in this
chapter and not be in conflict with the laws of the state.
B.
The Town may, during the term of a franchise, free of
charge where aerial construction exists, maintain upon the poles of the grantee
within the Town limits wire and pole fixtures necessary for a police and fire
alarm system, such wires and fixtures to be constructed and maintained to
the satisfaction of the grantee in accordance with its specifications.
During the term of a franchise, the grantee shall provide free service
to any and all schools, whether private, public or parochial, and libraries
within the area of the franchise. The grantee may charge for usual installation
costs.
Should any word, phrase, clause, sentence, paragraph, or portion of
this chapter and/or franchise be declared to be invalid by a court of competent
jurisdiction, such adjudication shall not affect the validity of this chapter
and the franchise as a whole but shall only affect the portion thereof declared
to be invalid, and the Town Board hereby expressly states and declares that
it would nonetheless have passed this chapter and granted the franchise had
it known that any such word, phrase, clause, sentence, paragraph or portion
of said chapter or franchise was invalid.
Any franchise granted under this chapter shall be effective upon written
acceptance of the franchise being filed with the Clerk of the Town within
30 days from the adoption thereof, and the franchise shall continue in force
for a period granted in the franchise.
A.
Controversies arising from a grantee's performance under
the terms of this chapter shall be submitted to arbitration. Arbitration shall
not be demanded by any party until such time as that party has served written
notice upon the opposing party setting forth its proposed determinations or
actions which are to be the subject matter of the arbitration. Such notice
shall be in writing and mailed to the other party by certified mail, return
receipt requested.
B.
In the event of arbitration, the parties shall select
the arbitrator or, if they fail to do so, the Circuit Court Judge shall select
the arbitrator. The expenses of the arbitration and compensation of the arbitrator
shall be borne by the grantee. The arbitration award shall be binding upon
the parties.
This chapter shall be amended to incorporate all amendments to the statutes,
rules and regulations of the federal government as they are promulgated by
the federal government. Any provision herein in conflict with or preempted
by said rules, regulations or statutes shall be superseded.
A grantee shall at all times keep its cables and other appurtenances
used for transmitting signals shielded in such a manner that there will be
no interference with signals received by radios or televisions not connected
to the grantee's service.
A grantee may 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 assure uninterrupted service to all its subscribers.
However, such rules, regulations, terms and conditions shall not be in conflict
with the provisions of this chapter or the laws of the state.
By the adoption of this chapter, the Town expressly waives all objections
it has or may have to the legal rights of the grantee to attach its cables,
equipment, and transmission lines to the poles of the Town, pursuant to an
agreement, or to the poles of the public utilities and the authority of such
public utilities to grant such right to the grantee.
A grantee shall have no recourse whatsoever against the Town for any
loss, cost or expense, or damage arising out of any provisions or requirements
of a franchise or because of the enforcement thereof by the Town, or for the
failure of the Town to have authority to grant all or any part of the franchise.
The grantee expressly acknowledges that in accepting any franchise it does
so relying on its own investigation and the understanding of the power and
authority of the Town to grant the franchise. By accepting a franchise, a
grantee acknowledges that it has not been induced to enter into the franchise
by any understanding or promise or other statement, whether verbal or written,
by or on behalf of the Town or by any other third person concerning any term
or condition of the franchise not expressed herein. The grantee further acknowledges
by acceptance of the franchise that it has carefully read the terms and conditions
thereof and is willing to and does accept all the risks of meeting such terms
and conditions and agrees that in the event of any ambiguity therein or in
the event of any dispute over the meaning thereof the same shall be construed
strictly against the grantee and in favor of the Town.
A.
A grantee shall give prior notice to the Town specifying
the names and addresses of any entity, other than the grantee, that performs
services pursuant to the franchise; provided, however, that all provisions
of the franchise remain the responsibility of the grantee.
B.
All provisions of any franchise shall apply to any subcontractor
or others performing any work or services pursuant to the provisions of the
franchise. The Town requests notice of any new construction within its boundaries.
The grantee agrees by acceptance of a franchise that it will not at
any time set up against the Town in a claim for proceeding any condition or
term of the franchise as unreasonable, arbitrary or void, or that the Town
had no proper authority to make such term or condition, but shall be required
to accept the validity of the terms and conditions of the franchise in their
entirety.
A.
It shall be unlawful for any person, firm or corporation
to make any unauthorized connection, whether physically, electrically, acoustically,
inductively or otherwise, with any part of the company's community antenna
system within this Town for the purpose of enabling himself, itself or others
to receive any television signal, radio signal, picture, program or sound
without payment to the company.
B.
It shall be unlawful for any person, without the consent
of the company, to willfully tamper with, remove or injure any cables, wires
or equipment used for distribution of television signals, radio signals, picture,
programs or sound.
