[HISTORY: Adopted by the Village Council of the Village of Bellevue 3-16-1981 by Ord. No. 74. Amendments noted where applicable.]
Electric franchise — See Ch. A158.
§ A159-8 Construction of facilities; options afforded Village; underground facilities; construction standards.
This ordinance shall be known as the Village of Bellevue Cable Communications Ordinance" and may be cited as such, and will be referred to herein as "this Cable Communications Ordinance."
The purpose of this Cable Communications Ordinance is to provide fair regulation of cable communications service in the Village of Bellevue in the interest of the public; to promote and encourage adequate, economical and efficient cable communications service to the residents of the Village of Bellevue; to promote and to encourage harmony between cable communications companies and their subscribers and to provide for the furnishing of cable communications system service to the residents of the Village of Bellevue without unjust discrimination, undue preferences or advantages.
The following words, when used in this Cable Communications Ordinance, shall have the following meanings, unless otherwise clearly apparent from the context:
- CABLE COMMUNICATIONS COMPANY
- Any person who owns, controls, operates or manages a cable communications system for the purpose of providing cable communications service to members of the public located in the Village of Bellevue; except that such definition shall not include:
- A. A telephone, telegraph, or electric utility in a case where such utility merely leases or rents to a cable communications company utility pole contact space for the placing thereon of wire or cable facilities used in the distribution of television or other signals to the subscribers of such cable communications company; or
- B. A telephone or telegraph utility regulated by the Michigan Public Service Commission or Federal Communications Commission in a case where it merely provides communication channel service under published tariffs to a cable communications company for the distribution of television signals to the subscribers of such company.
- CABLE COMMUNICATIONS SERVICE
- The business, in whole or in part of receiving directly or indirectly over the air and amplifying or otherwise modifying signals transmitting programs broadcast by one or more signals, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals off the air, and redistributing such signals by wire cable or other means to members of the public located in the Village of Bellevue who pay for such service.
- CABLE COMMUNICATIONS SYSTEM, CABLE SYSTEM, CABLE TELEVISION SYSTEM, CATV, or SYSTEM
- A system of coaxial cables or other conductors, antennas, transmitters, fixtures, converters, distribution network, studios and other equipment used or to be used to originate or receive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribution of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical or light impulses, whether or not directed to originating signals or receiving signals off the air; provided, however, that such definition shall not include any separate system which serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of such dwellings, upon approval of the Village Superintendent of Public Works of the Village of Bellevue.
- LOCAL GROSS REVENUES
- All gross revenues of the franchisee derived from cable services within the Village, including installation fees, disconnect and reconnect fees, fees for transmission of broadcast signals and access and origination channels and revenue derived from per-program or per-channel charges, leased channel charges, and advertising revenues.
- LOCAL GROSS SUBSCRIBER REVENUES
- All gross revenues of the franchisee derived from subscribers as computed in § 91-3(e), but shall not include revenues from such sources as, but not limited to, advertising, studio and equipment and engineering services not connected with subscriber service.
- One or more individuals, firms, corporations, associations partnerships or organizations of any kind, and any combination thereof.
No person shall construct install, maintain or operate a cable communications system in the Village of Bellevue; nor shall any person provide a cable communications service or acquire ownership or control of a cable communications company in the Village of Bellevue without such person having first obtained a franchise therefor from the Village in the form of a franchise agreement between the Village and the franchisee, which franchise agreement shall include, at a minimum, compliance with the specifications of this ordinance.
Editor's Note: See franchise agreement on file in the Manager's office dated February 6, 1995, between the Village of Bellevue and Horizon Cable I Ltd. Partnership granted for a term of 15 years.
No person shall use, occupy or traverse the Village streets, alleys, lanes, avenues, boulevards, sidewalks, bridges, viaducts, rights-of-way or any other public place or public way in the Village of Bellevue or any extensions thereof or additions thereto, whether on, above, or under the surface of the ground, for the purposes of installing, constructing, maintaining or operating a cable communications system or purpose of furnishing a cable communications service without such person having first obtained a franchise therefor from the Village in the form of a franchise agreement between the Village and the franchisee which franchise agreement shall include, at a minimum, compliance with all the specifications of this ordinance.
The specifications required by this ordinance are minimum requirements of a franchise agreement. Additional requirements including, but not limited to, rates, charges, deposits, specifications regarding required interconnections, studios or other signal origination facilities, number of channels to be equipped and available for immediate use upon initial construction of the system, use of channels by the Village schools, and other educational institutions, quality of community access, availability of equipment to users, required establishment and expansion of service area, other use of channels and other specifications or requirements of a cable communications franchisee or system may be established in the franchise agreement.
The application for such franchise to install, construct, maintain or operate a cable communications system in the Village of Bellevue or to furnish a cable communications service therein shall be made in writing to the Village Council in such form as may be prescribed; shall include a description and map of the territory within the Village of Bellevue upon which the cable communications system is to be installed, constructed, maintained or operated or to which cable communications service is to be provided; such application shall be accompanied by a showing of the applicant's legal, financial, technical and other qualifications to be franchisee hereunder; such application shall contain:
In establishing legal qualifications, if other than a single individual, a certified copy of the partnership agreement, articles of association, or articles of incorporation, as the case maybe, and also, if a foreign corporation, a certified copy of its authorization to do business in the State of Michigan;
In establishing financial qualifications, a copy of applicant's current balance sheet as of a date not more than 60 days prior to the date of the application shall be furnished; if a loan or other credit arrangement is to be consummated to finance the establishment and operation of the proposed facilities, full particulars relative thereto shall be disclosed, including the identity of the creditor;
In establishing technical qualifications, a statement of the arrangements to ensure the rendition of good service, including the type and kind of facilities to be employed, the technical standards to be followed, the maintenance and repair facilities to be used, the number and description of technical personnel, including copies of any contracts, agreements or arrangements relating to any of the above;
A statement as to the location of any antenna site or sites and the location of any of applicant's places of business in the Village of Bellevue;
A statement as to any affiliated corporations or business organizations engaged in providing cable communications service, or interlocking directorships or ownerships held by any owners, officers or directors of the applicant with any other business engaged in providing cable communications service;
A detailed statement as to the arrangements and timetable by which the applicant proposes to construct its cable communications facilities and system;
The applicant shall furnish information as to the following programming services and public services which it shall propose to provide:
The off-air signals to be carried initially.
The number of channels offered and the potential for diversified services to local government, educational institutions, community groups, householders and local commercial interests.
Projected development of customer and community services, indicating priorities in development, and estimated time schedules therefor.
Cost estimates of development, installation, and maintenance of system, which items shall be deemed to include, but not be limited to, the proposed cost of acquisition of the system where approval of a transfer of the franchise has been requested;
Revenue forecasts for the next five years of service;
A proposed schedule of rates for installation charges, monthly service fees and relocation charges;
Such other information as the Village may request. The application shall be accompanied by a fee of $1,000, to be applied to the costs to the Village of Bellevue of granting the franchise, which fee shall be refunded if the applicant is not granted a franchise.
Upon the filing of such an application and the payment of the fee as prescribed, the Village Council shall consider the application and may request such additional information as it may deem necessary to establish the legal, financial, technical and other qualifications of the applicant to provide a cable communications service in the Village of Bellevue.
If the Village Council determines that the applicant possesses the necessary qualifications, legal, financial, technical and otherwise, to reasonably assure the applicant's ability to satisfactorily install construct, maintain or operate a cable communications system or to furnish a cable communications service to the public in the Village of Bellevue, the Village Council may issue the applicant a nonexclusive franchise therefor in the Village of Bellevue, provided that no franchise shall be issued:
In determining whether such a franchise shall be issued, the Village Council shall take into consideration, among other things, the technical qualifications of the applicant; the financial responsibility of the applicant; the ability of the applicant to perform efficiently the service for which the franchise is requested, including the prior experience, if any, of the applicant in providing cable communications systems or furnishing cable communications service; the proposed rate schedule; the nature and scope of the applicant's proposed system; and the timetables for development of applicant's proposed system.
No franchise granted hereunder may be sold, transferred or assigned unless such transaction is first approved by the Village after receipt of a written application therefor containing the same information as to transferee as would be required of an original applicant. Prior approval of the Village shall be required where ownership or control of more than 25% of the right of control of the franchisee is acquired by a person or group of persons acting in concert, none of whom already own or control 25% or more of such right of control, singularly; or
No franchise granted hereunder may be sold, transferred or assigned nor any more than 25% of the right of control of franchisee be transferred to a person or group of persons acting in concert, none of whom already 25% or more of such right of control, singularly or collectively, until such sale, transfer or assignment of franchise or transfer of right of control shall first have been offered to the Village or to a person approved by the Village. Such offer shall be made at a price not greater than, and on terms equivalent to, that made to the offerer or by a bona fide bidder for such franchise or right of control. The Village or the person approved by the Village shall accept or reject the offer within 90 days. This provision shall not be deemed to restrict the transfer by bequest or descent of stock of the franchisee.
Any franchise issued pursuant to this Cable Communications Ordinance shall be a nonexclusive franchise for a term of years, not to exceed 15 years, as the Village may approve and shall be issued in such form as shall be determined by the Village.
During the term of any franchise granted pursuant to this Cable Communications Ordinance, the person granted such franchise shall pay to the Village, for the use of its streets, public places, and other facilities, as well as the maintenance, improvement, and supervision thereof, and for the regulation of activities required by virtue of the franchise, an annual franchise fee in the amount which shall be established in the franchise agreement. The Village shall be furnished a statement with each payment, certified as correct by the franchisee, and an audited annual statement for the entire year, prepared by a certified public accountant indicating the annual local gross revenues and local gross subscriber revenues. All statements shall reflect the total amount of local gross revenues and the above charges, deductions and computations for the period covered by the statement.
Such franchise fee shall be paid on or before the last day of each March, June, September and December, for the period of the preceding three months, at the office of the Village Treasurer of the Village of Bellevue during his regular business hours. If the Village Treasurer's office is closed on said day, then payment may be made during his regular business hours on the next following day on which his office is open for business. At the option of the Village Council the franchise fee may be made payable semiannually or annually.
The Village shall have the right to inspect at all reasonable times the customer records of any person granted a franchise hereunder from which its franchise fee payments are computed and shall have the right of audit and recomputation of any and all franchise fees paid. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the Village may have for further or additional sums payable as a franchise fee under this Cable Communications Ordinance or for the performance of any other obligation hereunder.
§ A159-8 Construction of facilities; options afforded Village; underground facilities; construction standards.
A franchise granted pursuant to this Cable Communications Ordinance shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above and across the streets, avenues, highways, sidewalks, bridges and other public ways, easements, and rights-of-way, as existing as of the date of the grant of said franchise and all subsequent extensions thereof and additions thereto, in and belonging to the Village of Bellevue, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes, and other television and/or radio conductors, equipment and fixtures for the installation, construction, maintenance and operation of a cable communications system (including audio, video and radio signals) or the furnishing of a cable communications service.
Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes, or fixtures for use in connection with the installation construction, maintenance or operation of a cable communications system under a franchise granted pursuant to this Cable Communications Ordinance, the grantee of a franchise hereunder desiring to erect or install such facilities for use in connection with its cable communications system shall first submit to the Village Superintendent of Public Works for his review and approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of such facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole, or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the Village Superintendent of Public Works, provided, further, that such approval; shall not be unreasonably withheld.
Any person accepting a franchise pursuant to this Cable Communications Ordinance and erecting or installing towers or poles shall upon written request by the Village grant the Village reasonable attachment space or spaces upon such towers or poles without a rental charge for the attachment of wire or cable owned and used by the Village; provided, however, that the Village shall pay any costs incurred by such person in providing attachment space or spaces to said Village including all necessary costs of rearrangement of such person's wires, cables or equipment and tower or pole replacement cost for a larger tower or pole, if required.
Upon the expiration, termination or revocation of any franchise granted pursuant to this Cable Communications Ordinance, or should any person wish otherwise to dispose of any tower or pole erected or installed for use in connection with a cable communications system, the Village retains the first right and option to purchase in place such towers or poles as it may require for their fair value based upon reproduction cost less observed depreciation. Further, upon the expiration, termination or revocation of any franchise granted pursuant to this Cable Communications Ordinance, title to all underground conduit and manholes erected or installed and an automatic assignment of all easements related thereto obtained for use in a cable communications system under the rights conferred in this Cable Communications Ordinance shall pass to the Village under its control over its streets, alleys and public rights-of-way to protect them from things injurious and dangerous to the public.
In areas or portions of the Village where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this Cable Communications Ordinance shall likewise install, construct, maintain and operate its transmission and distribution facilities in like manner underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the Village Superintendent of Public Works as hereinbefore provided in Subsection B hereof.
All construction, installation, maintenance and operation of any cable communications system or of any facilities employed in connection therewith shall be in compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, and applicable regulations of public utilities operating in the Village of Bellevue. Every cable communications system installed, constructed, maintained or operated in the Village of Bellevue shall be so designed, constructed, installed, maintained and operated as not to endanger or interfere with the safety of persons or property in the Village.
Any opening or obstruction in, disturbance of or damage to the streets, alleys, public rights-of-way or public places by any person in and exercise of any right granted pursuant to this Cable Communications Ordinance shall be properly guarded by adequate barriers, lights, signals and warnings as to prevent danger to any person or vehicle using such streets, alleys, public rights-of-way or public place and shall be properly and promptly repaired, all in a manner specified and approved by the Village Superintendent of Public Works, at such person's expense.
Any person owning or maintaining a cable communications system or facilities therefor in or on the streets, alleys, public rights-of-way or public places in the Village of Bellevue shall, at its expense and without reimbursement from the Village upon request of the Village, protect, support, temporarily disconnect, relocate or remove from the street, alley, public right-of-way or public place, any property of such person when required by reason of traffic conditions, public safety, street vacation, highway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, the construction or change of the transmission or distribution facilities of any telephone or electric public utility or other public improvements. Any such person shall also, at the request of any private party holding an appropriate permit issued by the Village, temporarily raise or lower its cable communications transmission or distribution wires or cables to permit the moving of any building or other structure, provided that the actual expense of such temporary raising or lowering shall be paid in full by the party requesting the same.
If any person shall fall to commence, pursue or complete any work required by law or by the provisions of this Cable Communications Ordinance as hereinbefore set forth to be done in any street, alley, public right-of-way or public place as designated by the Village or the Village Superintendent of Public Works, the Village Superintendent of Public Works may cause such work to be done and such person shall pay to the Village the cost thereof within 30 days of the receipt of an itemized statement of such cost. The franchisee may appeal the amount of said itemized statement to the Village Council.
Any cable television company granted a franchise pursuant to this Cable Communications Ordinance shall furnish reasonably adequate service and facilities to the public, and its cable television system shall be installed, constructed, maintained and operated in accordance with the accepted standards of the industry, in conformity with the state of the art and any standards of operation or maintenance for a cable television system which may be established or issued by the Federal Communications Commission.
Every cable television system franchised under this Cable Communications Ordinance shall have at least 300 MHZ of bandwidth (the equivalent of 35 television broadcast channels) available for immediate or potential use for the totality of cable services to be offered; provided, however, that a minimum of 12 such channels be equipped and available for immediate use on initial construction of the system; provided, further, that such system shall possess the capability for the reception and distribution of quality FM broadcasts, provided that a minimum of 20 such channels be equipped for use at such time as the system commences service to 300 or more subscribers.
Every cable television system franchised under this Cable Communications Ordinance shall maintain a plant having technical capacity for return communications, nonvoice and voice, on all parts of the system.
Every cable television system franchised under this Cable Communications Ordinance shall maintain and make available without charge such public access channels, education access channels, local government access channels and leased access channels as may from time to time be designated, established, required, or regulated by the rules and regulations of the Federal Communications Commission, including the expansion of access channel capacity as may be required to fulfill the needs for such access channels pursuant to the rules and regulations of the Federal Communications Commission and shall comply with all applicable rules, standards or requirements of the Federal Communications Commission or other federal or state agencies or commissions which may have jurisdiction over the grantee.
Every cable television system franchised under this Cable Communications Ordinance shall maintain such capacity, capability and technical standards as will enable it to interconnect with any other cable television system located in any adjacent community.
No cable communications company shall make any unjust or unreasonable discrimination in rates, charges, classifications, promotions, practices, regulations, facilities or services for or in connection with like services, nor subject any person to any prejudice or disadvantage in any respect whatsoever; provided, however, that this shall not be deemed to prohibit the establishment of a graded scale of charges and classification of rates to which any subscriber coming within such classification shall be entitled.
No rate or charge for installation or basic cable communications service provided in the Village of Bellevue shall be effective, nor shall any cable communications company advertise, collect, or receive any rate or charge for its services, until it shall have filed a complete schedule of rates and charges with the Village Clerk and until such initial rates and charges shall have been approved by the Village Council. The charges made for services of the franchisee hereunder shall be fair and reasonable and no higher than necessary to meet all costs of the service (assuming efficient and economical management), and provide a fair return to the franchisee. The franchisee shall receive no consideration whatsoever for its service other than in accordance with this section or the franchise agreement, without approval of the Village Council. The applicant for a franchise shall include in its application its proposed rates, charges and deposits.
No cable communications company may increase any rate or charge for cable communications service contained in its filed schedule, or alter any classification, contract, rules, regulation or practice so as to result in any increase in its schedule of rates or charges for such service without first filing such new increased rate or charge or alteration in its classification, contract, rule, regulation or practice with the Village Clerk at least 30 days before such proposed increase or increases in rates or charges is proposed to become effective, accompanied by a notice and proof of publication thereof for at least one insertion in a newspaper of general circulation in the Village of Bellevue, which notice shall state the increase or increases proposed. Whenever a cable communication company files with the Village Clerk a schedule or notice increasing any rate or charge then in effect, the Village Council, after reasonable notice, shall promptly conduct a hearing concerning the reasonableness and lawfulness of the proposed rate increase. The cost of such publications and public hearing shall be borne by the franchisee. The cable communications company shall have the burden of proof to establish the reasonableness and lawfulness of the proposed increases in its rates and charges. Pending the hearing and the decision thereon, the Village Council may suspend the operation of the increased rates for not longer than six months beyond the time when the changed rates would otherwise go into effect. If a full and complete hearing has not been concluded and a decision rendered thereon by the end of the suspension period, the cable communications company may put the suspended rates or any part thereof into effect. If the suspended rates thus become effective, the Village Council, by resolution, may require the cable communications company to file a bond in a reasonable amount with appropriate sureties, or make other arrangements satisfactory to the Village Council, for the protection of the public concerned, conditioned upon the refund as prescribed by action of the Village Council of the amount of the excess, with interest thereon at the statutory rate, if the changed or increased rates are determined by the Village Council after conclusion of the hearing to be excessive. During any period when suspended rates are in effect under bond or other arrangements, the Village Council may require that the cable communications company involved keep an accurate account of total payments made under the rates and charges which the cable communications company has put into effect in excess of the rates and charges in effect immediately prior thereto. If after the hearing, the Village Council finds the proposed, increased or changed rate or charge to be unjust, unreasonable or in violation of the law, it shall be set aside and the Village Council may fix such rates or charges as will be just, reasonable and lawful for the service furnished the public and shall file its conclusions and findings of fact supporting such decision. In the determination of just, reasonable and lawful rates and charges the Village Council shall consider and give due weight to all lawful elements properly to be considered, including expenses, a reasonable return on the cost of the property used in the service depreciation, obsolescence, taxes, risks of the business and value of service to the customer. A copy of such decision will be served upon the cable communications company and the rates and charges so fixed by the Village Council shall be the legal rates and charges until changed as herein provided.
Every cable communications company furnishing service within the Village of Bellevue shall, without charge for installation or service, provide one installation of its cable communications service to the Village Hall, to each fire and police station in the Village and shall, without charge, provide cable communications service to each public educational building and public library (including any constructed after grant of the franchise) within the franchisee's current service area.
Every cable communications company providing service within the Village of Bellevue shall make its cable system available, without charge, to the Village of Bellevue, the County of Eaton, the State of Michigan, the United States of America and/or emergency operations agencies for the prompt and simultaneous communication to subscribers and the public within the Village of any information resulting from or required by war, threat of war, natural catastrophe, riot or insurrection, necessary to save or protect life or property.
Every cable communications company shall, within 30 days of the grant of a franchise to it pursuant to this Cable Communications Ordinance, file with the Village Clerk, and at all times thereafter maintain in full force and effect for the term of the franchise, at its expense, a corporate surety bond, or such other surety arrangement as the Village may approve in the amount of $25,000, conditioned upon the faithful performance by such cable communications company of its obligations under its franchise as herein set forth, and upon the further condition that if such cable communications company shall fail to comply with any one or more provisions of this Cable Communications Ordinance, recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the Village as a result thereof, including the full amount of any compensation, indemnification, or cost of removal of any property of such cable communications company as provided in this Cable Communications Ordinance plus attorney's fees and costs, up to the full amount of the bond, said condition to be a continuing obligation for the duration of any franchise granted under this Cable Communications Ordinance and any renewal thereof and thereafter until such cable communications company has liquidated all of its obligations to the Village of Bellevue which may have arisen under the franchise or from the exercise of any privilege or right granted thereby. Any bond provided under this section shall provide that at least 30 days' prior notice of any intention not to renew, to cancel or make a material change therein shall be filed with the Bellevue Village Clerk. Nothing herein shall be construed to excuse faithful performance by any cable communications company or in any way to limit its liability for damages or otherwise. The bond required hereunder may be reduced by the Village Council in face amount to $10,000 at such time as the franchisee is actively providing cable communications service to 100 or more subscribers within the Village of Bellevue. Said reduction shall not be deemed a "material change" in the bond.
Any cable communications company within 30 days of the grant of a franchise pursuant to this Cable Communications Ordinance shall file with the Village Clerk, in addition to the bond as hereinbefore set forth:
Proof of a general comprehensive liability insurance policy and an automobile liability insurance policy issued by companies licensed to do business in Michigan, protecting the Village, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage, occasioned by the installation, construction, maintenance or operation of a cable communications system in the Village of Bellevue with minimum liability limits of $500,000 for personal injury or death of any one person and $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $500,000 for damages to property resulting from any one occurrence and said policy shall contain a provision that a written notice of cancellation, or material change or reduction in coverage shall be given the Village Clerk at least 30 days in advance of the effective date thereof; and
Proof of adequate insurance as required by the Michigan Workers' Compensation law applicable to it.
No franchise hereunder shall be effective until the provisions of Subsections A and B above have been fully complied with; failure to file with the Village Clerk, within 30 days after grant of a franchise, the bond, proof of general comprehensive liability insurance policy, proof of automobile liability insurance policy, and proof of adequate workers' compensation insurance, or any of them as required by Subsections A and B above shall render the franchise null and void without notice or further proceedings.
The franchisee shall indemnify and hold harmless the Village at all times during the term of the franchise granted hereby and specifically pay all damages and penalties which the Village may be legally required to pay as a result of granting the franchise. Such damages and penalties shall include, but not be limited to, damages arising out of the installation, operation or maintenance or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise, and shall also include such part of the cost of repair or replacement of streets, alleys, bridges and other public places and ways as shall arise from construction or maintenance of the CATV system. In case suit shall be filed against the Village either independently or jointly with the franchisee to recover for any claim or damages, the franchises, upon notice to it by the Village, shall defend the Village against the action and, in the event of a final judgment being obtained against the Village, either independently or jointly with the franchisee, solely by reason of the acts of the franchisee, the franchisee will pay the judgment and all costs, and hold the Village harmless therefrom.
Any franchise granted pursuant to this Cable Communications Ordinance shall expire without further proceedings one year after its effective date in the event the person granted such franchise has not commenced construction of a cable communications system within such period.
If any person granted a franchise pursuant to this Cable Communications Ordinance shall fail to provide cable communications service within and throughout the franchise area as required under the terms of its franchise agreement, said franchise shall, on the anniversary of the effective date of such franchise next following the twelve-month period during which cable communications service has not been extended as required under the terms of the franchise agreement, be deemed revoked without the necessity of Village Council action, unless prior to said date such person shall have applied to the Village Council and the Village Council shall have, for good cause shown, granted an extension of the construction or service periods set forth in the franchise agreement.
Any franchise granted pursuant, to this Cable Communications Ordinance shall be terminated and cancelled without further proceedings 120 days after the franchiser shall become a debtor under Chapter 7 of the Bankruptcy Reform Act of 1978 or upon the filing of a petition under the Bankruptcy Reform Act of 1978, or the appointment of a receiver or trustee to take over and conduct the business of a cable communications company, whether in receivership, reorganization, bankruptcy or other action or proceedings unless such receivership or trusteeship shall have been vacated prior to the expiration of such period; provided, however, that such receiver or trustee may apply for a transfer or assignment of such franchise, as hereinbefore provided in § A159-5E hereof, within 60 days of the appointment of such receiver or trustee, if duly approved by the court having jurisdiction in the premises, and provided further, in case of a foreclosure or other judicial sale of the plant, property or facilities of a cable communications company, with or without the appointment of a receiver or trustee, including or excluding the franchise granted under this Cable Communications Ordinance, such franchise as granted will be terminated and cancelled without further proceedings upon 30 days' written notice of termination served upon the cable communications company and the purchaser thereof, unless within such thirty-day period, the purchaser shall apply to the Village for a transfer or assignment to it of the same as hereinbefore provided in § A159-5E hereof.
Any franchise granted pursuant to this Cable Communications Ordinance is revocable by the Village prior to its expiration where the cable communications company has become insolvent or has failed substantially to comply with any provision or requirement of state or federal law or of this Cable Communications Ordinance, the representations made in its franchise application, or the provision of its franchise agreement; or has failed to apply to the Federal Communications Commission for a certificate of compliance with sufficient promptness to avoid interruption or delay in service required by the franchise agreement. The Village may give a written notice containing full particulars as to the provision or requirement with which compliance is claimed deficient and allow such cable communications company 60 days to comply. At the expiration of such 60 days, such franchise will be deemed terminated and revoked unless such cable communications company shall request a hearing before the Village Council upon its alleged failure to substantially comply with any provision or requirement of this Cable Communications Ordinance. Such hearing shall be public with the cable communications company being permitted to fully participate therein including the right to introduce testimony and exhibits and to examine and cross-examine witnesses. The heating shall be recorded and at the conclusion thereof the Village Council, if it finds that the cable communications company has not substantially complied with any provision or requirement of this Cable Communications Ordinance, may terminate and revoke the franchise. Such cable communications company shall have the same rights of an appeal from an adverse decision as are granted by the statutes of Michigan for appeals from the actions of administrative agencies.
Any person granted a franchise pursuant to this Cable Communications Ordinance may surrender it by written notice of intent to surrender its franchise filed with the Village Clerk not less than 60 days prior to the surrender date. On the surrender date specified in such notice, all rights, privileges and authority under said franchise shall terminate; provided however, that said person shall have a period of six months thereafter to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places, subject to the rights of the Village as set forth in § A159-8D above. At the expiration of such six-month period, any property not removed by such person shall become the property of the Village of Bellevue to do with as it may choose. Any cost to the Village in removing said property from its streets, alleys, public rights-of-way or public places shall be claimed against such person under the performance bond required under § A159-12A of this Cable Communications Ordinance.
Any person granted a franchise pursuant to this Cable Communications Ordinance shall commence construction or installation of its cable communications system within 60 days after issuance of a certificate of compliance by the Federal Communications Commission, if such a certificate is required, and after issuance of all licenses and permits required by law, or within 60 days after execution of the franchise agreement, whichever is later; construction or installation of such cable communications system shall be completed within 18 months after the execution of the franchise agreement, or after issuance of a certificate of compliance by the Federal Communications Commission, if such certificate is required.
Any person granted a franchise pursuant to the Cable Communications Ordinance shall complete construction within such areas and within such periods as are designated in the franchise agreement. Any person granted a franchise pursuant to the Cable Communications Ordinance who is unable to construct according to the provisions of this section for "good cause" shall notify the Village Council of Bellevue in writing within 30 days of the occurrence of any delay or interruption of construction of more than 15 working days duration which interruption or delay would affect its inability to construct according to schedule.
The Village Council or any person, department, or commission designated by it, shall, upon its own motion or upon complaint of any person or subscriber of a cable communications company, have authority to hear and determine all complaints concerning the rates, charges, rules, regulations, practices, quality of service rendered or refused to be rendered, equipment furnished or refused to be furnished, or any other matter relating to the service or operation of the cable communications system or any person franchised under the terms of this ordinance.
Upon the filing of any complaint against any person pursuant to the preceding subsection, at least 20 days' notice of the time and place of a hearing to be given such person upon the matters alleged in the complaint shall be given to such person and to the franchisee. The Village Council or its designee shall have the power to order such changes in the rates, charges, rules, regulations, services, equipment or other matters relating to the service or operation of the cable communications company as in its judgment, based upon the record of the hearing and findings of fact made thereon, appear to be just, reasonable and lawful.
Every person granted a franchise pursuant to this Cable Communications Ordinance shall have a business office located in the Village of Bellevue suitably staffed for the purpose, among others, of receiving and investigating complaints, dealing with its subscribers, receiving payment for service and otherwise conducting business, unless otherwise provided in the franchise agreement. The requirement that the franchise shall locate a business office within the Village of Bellevue may be waived by the Village Council of the Village of Bellevue in the franchise agreement.
Any right or privilege granted to any person under this Cable Communications Ordinance to use or occupy any street, alley, public right-of-way or public place shall be subordinate to any prior lawful occupancy of such property. Nothing in this Cable Communications Ordinance shall be construed as limiting in any way the Village of Bellevue, in the lawful exercise of its police power, and the grant of a franchise to any person as provided in this Cable Communications Ordinance shall confer no right, privilege, or exemption not specifically presented therein.
By the application for and acceptance of a franchise pursuant to this Cable Communications Ordinance, a cable communications company agrees that upon subsequent additions of areas to the Village of Bellevue either by annexation, consolidation or otherwise, any and all franchises and/or licenses held by it to provide a cable communications service or to install, construct, maintain or operate a cable communications system in such areas shall be surrendered, and any rights or privileges in streets, alleys, public rights-of-way or public places to install, construct, maintain or operate a cable communications system or to furnish a cable communications service in such areas as may subsequently be added to the Village of Bellevue by annexation, consolidation or otherwise, shall thereafter be subject to and authorized by this Cable Communications Ordinance.
Every cable communications company shall file annually with the Village Superintendent of Public Works a current map showing the exact location of the transmission and distribution facilities and equipment in the Village of Bellevue used by it in providing cable communications service, and further, shall prepare and furnish the Village on written request therefor, at such times and in such form as may be prescribed, such reports as to its operations, finances, facilities and activities as may be reasonably necessary to enable the Village to perform its obligations, functions and duties under this Cable Communications Ordinance.
Any franchise granted under this Cable Communications Ordinance is made subject to all applicable provisions of law relating to the Village of Bellevue and ordinances thereof, and specifically subject to the rights and powers of the Village and limitations upon the cable communications company holding such franchise as are set forth in the statutes of the State of Michigan pertaining to local government, which are herein incorporated by reference, and such cable communications company shall abide by and be bound by said rights, powers and limitations.
Any person granted a franchise pursuant to this Cable Communications Ordinance shall have no recourse whatsoever against the Village, its officers, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of this Cable Communications Ordinance or the enforcement thereof.
Section headings as set forth in this Cable Communications Ordinance are for convenience only and shall not be a part of this Cable Communications Ordinance nor be used to construe any provisions hereof more broadly or narrowly than its text would indicate.
Any person violating any of the provisions of this Cable Communications Ordinance shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. For the purpose of this Cable Communications Ordinance, each day of violation of §§ A159-4 and A159-8G shall constitute a separate offense.
This ordinance shall become effective 20 days after its adoption, but not before its publication subsequent to final adoption in a newspaper of general circulation in the Village of Bellevue.