[HISTORY: Adopted by the Mayor and Council of the City of Taneytown
3-26-1984 by Ord. No. 5-84 (Title 10, Ch. 6 of the 1980 Code). Amendments
noted where applicable.]
As used in this chapter, the following words shall have the meaning
ascribed thereto:
Any of the following:
Such video services as the transmission of all leased access signals
not included in basic subscriber service, as well as the transmission of cablecast
video advertising messages and pay television signals.
Such audio services as the retransmission of cablecast AM or FM signals
and the transmission of cablecast radio advertising messages, as permitted
by the FCC.
Such digital services as the transmission of digital signals, including
but not limited to two-way signals, computer signals, signals associated with
fire and burglar alarm services, signals associated with home shopping, remote
medical diagnosis, utility equipment monitoring and similar services.
Services not involving the transmission of signals, including rental
of equipment, training services and all other services which may be provided
by the franchisee to programmers or subscribers.
All subscriber services provided by the company in one or more service
tiers, including the delivery of broadcast signals, access channels and origination
channels, covered by a regular monthly charge paid by all subscribers to a
particular service tier, excluding optional services for which a separate
per-channel or per-program charge is made. Home security service, data retrieval
or other such auxiliary services shall not be considered part of basic service.
A television or radio signal that is transmitted over the air and
is received by a cable television system off the air, by satellite, by microwave
or by direct connection to a broadcasting station.
A signal that is transmitted by a cable television system, including
microwave links, and is not involved in a broadcast transmission path.
Any and all cash, credits, property or other consideration of any
kind or nature, and all of the amounts earned or accrued, arising from, attributable
to or in any way derived directly or indirectly by the franchisee, or an entity
in any way affiliated with the franchisee, in whatever form and from all sources
which are in connection with or attributable to the operation of the cable
television system within the franchisors' corporate boundaries or the franchisee's
provision of cable services within the franchisors' corporate boundaries.
[Amended 4-13-2000 by Ord.
No. 2-2000]
Cable gross revenues shall include, without limitation, all subscriber
and customer fees and revenues earned or accrued net of bad debts, including
fees and revenues for basic cable services; additional tiers; premium cable
services; late charges; a pay per view; program guides; installation, disconnection,
reconnection, change in service or service call fees; fees for the provision,
sale, rental or lease of converters, remote controls, additional outlets and
other customer premises equipment; late fees and administrative fees; barter;
revenues from the sale or carriage of other cable-related services; fees paid
by subscribers; revenues from the use of leased access channels; advertising
revenues from the system; and revenues and compensation from home shopping
programming. Cable gross revenues shall not include the value of free services
not required by the franchise agreement; nor any taxes on services furnished
by the franchisee which are imposed directly on any subscriber or user by
the state, franchisors or other governmental unit and which are collected
by the franchisee on behalf of said governmental unit. A franchise fee is
not such a tax.
Advertising revenues and other revenues whose sources cannot be identified
with a specific subscriber shall be allocated to franchisors based upon the
percentage of subscribers residing in the franchise area compared to that
served from the headend serving each franchisor.
All amounts earned or accrued from internet service and/or other interactive
cable services shall be included in cable gross revenues.
A cable television system, not exempted by appropriate federal, state
and local codes, or community antenna television system (CATV), means a system
of antennas, cables, wires, lines, towers, waveguides or other conductors,
converters, equipment or facilities designed and constructed for the purpose
of producing, receiving, transmitting, amplifying and distributing audio,
video and other forms of electronic or electrical signals, located in the
city. Said definition shall not include any such facility that serves or will
serve only subscribers in one or more multiple-unit dwellings under common
ownership, control or management which does not use the city's rights-of-way.
A bank of frequencies, six megahertz wide, in the electromagnetic
spectrum capable of carrying either one audiovisual television signal and
a few nonvideo signals or a large number of nonvideo signals.
The City of Taneytown, Maryland, a Maryland municipal corporation,
and all the territory now or hereafter acquired or annexed within its territorial
corporate limits, as set forth in the Charter of the city.
The person, department, committee or agency designated by the city
to act for it in certain matters relating to cable television or, if designated
by the Council, the Council itself.
The City Manager of the City of Taneytown, Maryland.
A subscriber who receives a service in a place of business, where
the service may be utilized in connection with a business, trade or profession
or institution.
Any provider of a cable television system.
An electronic device which converts signals to a frequency not susceptible
to interferences within the television receiver of a subscriber and, by an
appropriate channel selector, which also permits a subscriber to view all
signals delivered at designated dial locations.
The Mayor and Council of the City of Taneytown, Maryland.
Any channel where educational authorities are the designated programmers.
The Federal Communications Commission.
Any provider of a cable communications system which receives a franchise
pursuant to this chapter.
The separate agreement by which a franchise is granted to a franchisee
pursuant to this chapter.
Any channel available for lease, at fair and nondiscriminatory rates,
on a first-come, first-served basis, including those portions of the other
access channels not in use by their designated programmers.
Any channel where the city or other local governments or agencies
are the designated programmers.
Any channel where the franchisee is the programmer.
Observing a communications signal, or the absence of a signal, where
the observer is neither the subscriber nor the programmer, whether the signal
is observed by visual or electronic means, for any purpose whatsoever, provided
that monitoring shall not include system-wide, nonindividually addressed sweeps
of the system for purposes of verifying system integrity, controlling return
path transmission or billing for pay services. Monitoring does not include
tapping as herein defined.[1]
The delivery to subscribers, over the cable communications system,
of television signals for a fee or charge to subscribers over and above the
charge for basic subscriber service, on a per-program, per-channel or other
subscription basis.
The same as "secure channel."
Any person, firm, corporation, institution or entity who or which
produces or otherwise provides program material for transmission by video,
digital or other signals, either live or from recorded tapes or films or by
other means, to a subscriber by means of the cable communications system.
Any channel where any member of the general public may be a programmer,
on a first-come, first-served, nondiscriminatory basis.
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,
public utility and any other public ground or water subject to the jurisdiction
and control of the city.
A subscriber who receives a service in an individual dwelling unit
where the service is not to be utilized in connection with a business, trade,
profession or institution.
Any channel so arranged electronically as to be available only to
subscribers who possess specific decoding equipment in order to receive a
usable signal.
The geographic area in which the franchisee provides CATV service.
Any person, firm, institution, corporation or other entity who or
which elects to receive, for any purpose, a service provided by the franchisee
by means of or in connection with the cable television system.
Each extension wiring from the franchisee's distribution lines to
a subscriber point of use.
Observing a two-communications signal exchange, whether the communications
signal exchange is observed by visual or electronic means, for any purpose
whatsoever, without the consent of all parties to the communication, subject,
however, to the authority provided pursuant to the Courts and Judicial Proceedings
Article, Title 10, Subtitle 4, of the Annotated Code of Maryland to intercept
communications.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
Any and all compensation and other consideration collected or received
or in any manner gained or derived by a franchisee from the operation of its
CATV service within the service area of the city.
[1]
Editor's Note: Original Sec. 10-6-1(34), which contained a definition
of "ordinance," was deleted 8-9-1999 by Ord. No. 8-99.
A.Â
The city agency shall advertise for application for
a CATV franchise(s) in local newspapers having general circulation and in
one or more national cable industry publications. The written application
for a franchise submitted to the city shall contain the following information:
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
(1)Â
The name, address and form of business of the applicant.
If the applicant is a corporation, it shall also state the percentage of ownership
and the names, addresses and occupations of its officers, directors and major
stockholders (1% or more) and the names and addresses of any parent or subsidiary
companies. If the applicant is a corporation controlled by another corporation,
the names, addresses and occupations of the officers, directors and major
stockholders (owners of 1% or more) of the controlling corporation shall also
be stated. If the applicant is a partnership or other unincorporated association,
the percentage of ownership and the name and address of each member, whether
active or inactive, shall be set forth, and if one or more partners are corporations,
the names, addresses and occupations of such corporation's officers, directors
and major stockholders shall also be stated. It shall also specify the names
and technical and professional qualifications and career backgrounds of the
persons who will manage the system proposed by the applicant.
(2)Â
A list of all other cable television systems, if any,
in which the applicant (or any partner or major stockholder of the applicant)
has substantial interest (1% or more), stating the location, approximate number
of homes served and the name and address of the local franchising body.
(3)Â
A thorough description of the proposed cable television
system to be installed and operated and the time schedule for such installation
and the manner in which the applicant proposes to conduct, install, maintain
and operate the same. The description shall contain sufficient technical detail
to enable the city to make a determination as to whether the proposed system
is technically equal to or superior to that proposed by other applicants.
(4)Â
A schedule of proposed rates and charges to all classes
of subscribers for both installation and monthly service.
(5)Â
A statement setting forth all agreements and understandings,
whether written, oral or implied, existing between the applicant and any person,
firm or corporation with respect to the proposed franchise or the proposed
CATV operation. If a franchise is granted hereafter to a person, firm or corporation
posing as a front or as the representative of another person, firm or corporation
and such information is not disclosed in the original application, such franchise
shall be forfeited and the franchisee shall forfeit all revenues and any bond
to the city.
(6)Â
A financial statement prepared by a certified public
accountant, or person otherwise satisfactory to the city, and/or such other
financial documents as may be required by the city showing the applicant's
financial status and its financial ability to complete the construction and
installation of the approved CATV system. Such statements shall include, in
addition to the foregoing, a responsible estimate of the costs of construction
and installation of such CATV system, a detailed statement of the financing
of such costs and the amount of borrowed funds, if any, which may be required
and including the source and availability thereof.
B.Â
The city may at any time demand and the applicant shall
provide such supplementary, additional or other information as the city deems
reasonably necessary to show the applicant's true ownership and control and
financial, technical and character qualifications.
C.Â
The applicant shall specifically set forth that it will
comply with each of the provisions of this chapter and/or rules and regulations
related thereto.
D.Â
The applicant may submit any other information it feels
relevant or that will enhance its proposal.
E.Â
The applicant will accompany its application with a cash
deposit or certified check, as specified in the request for proposal, payable
to the city, which sum shall be returned (without interest) to the applicant
if it is not successful in being awarded a franchise. In the event that the
applicant is successful, said deposit shall be returned (without interest)
to the applicant at the time the franchise is accepted by the applicant and
a performance bond, as hereafter required, is filed with the city; provided,
however, that if a franchise is awarded and not accepted within 60 days of
the award or the performance bond is not filed within that time, said deposit
shall be forfeited to the city as liquidated damages and the city shall have
no further obligation to the applicant.
F.Â
In addition to the deposit mentioned in Subsection E above, the applicant will accompany its application with a check made payable to the city in the amount of not less than $1,000 to help defray the administrative costs involved in the processing of applications. No part of this sum shall be refundable. In addition, the successful bidder shall remit to the city the difference between the aggregate of application deposits received and the actual prefranchise award administrative costs incurred by the city, if any. Payment must be received by the city prior to its execution of the franchise agreement.
A.Â
The city reserves the right to reject any or all applications.
The city agency, following the receipt of the application(s), may hold a public
hearing to hear comments on the application(s) and shall give the public 15
days' advance notice of such hearing, if any, by publishing the notice in
a newspaper of general circulation in the city. In the event that the city
elects to hold a public hearing, at such public hearing the applicant(s) shall
be requested to make a presentation and answer questions propounded by the
public or Council relating to any aspect of its application.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
B.Â
In the event that the city elects to hold a public hearing,
following the public hearing(s), although not necessarily on the same date(s),
or if the city elects not to hold a public hearing, the city may reject any
or all applications or take such action empowered to it by law.
C.Â
By resolution, the city may grant a franchise for a CATV
system to any such applicant(s) as may appear from said application(s) to
be, in the city's opinion, best qualified to render proper and efficient CATV
service to television viewers and subscribers in the service area. If favorably
considered, the application submitted shall constitute and form a part of
the franchise agreement, except as otherwise indicated in the franchise agreement.
A.Â
General provisions.
(1)Â
Every franchise granted pursuant to this chapter shall
be subject to the following: federal, state and local laws, rules and regulations,
ordinances and resolutions, including those governing the monitoring and tapping
of cablecast signal and the penalties for violation thereof.
(2)Â
Any franchise granted hereunder shall be subject to the
right of the city to:
(a)Â
Terminate the same for misuse or failure to comply with
any material provisions of this chapter or any federal, state or local laws,
ordinances, rules or regulations.
(b)Â
Require proper and adequate extension of plant, service
and maintenance thereof at the highest practicable standards consistent with
the current state of the art.
(c)Â
Control and regulate the use of its streets, alleys,
bridges and public places and the space above and beneath them. Each franchisee
shall pay such part of the cost of improvement or maintenance of streets,
alleys, bridges and public places as shall arise from the franchisee's use
thereof and shall protect and save the city, its agents, employees and servants
harmless from all claims and/or damages arising from said use.
(d)Â
Require joint use of the property and appurtenances of
each franchisee located in the streets, alleys and public places of the city
by the city and insofar as such joint use may be reasonable and practicable.
(e)Â
Through its appropriately designated representatives,
inspect all construction or installation work performed subject to the provisions
of the franchise agreement, this chapter and any amendments, rule or regulation
thereunder and make such inspections as it shall feel necessary to ensure
compliance therewith. However, the franchisee shall remain primarily responsible
for design and installation and for compliance with all requirements.
(f)Â
Require, at the expiration of the term for which the
franchise is granted or upon termination and cancellation as provided herein,
the franchisee to remove, at its own expense, any and all portions of the
CATV system from the public ways within the service area within a reasonable
period of time, as established by the city.
(3)Â
The franchise shall not be transferred or assigned, either
in whole or in part, or leased, sublet or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right, interest or property
therein pass to or vest in any person, corporation, association or other entity,
either by act of the franchisee or by operation of the law, without the written
consent of the city and under such terms and conditions as the city may require
by formal city action.
(4)Â
Prior approval of the city (following formal city action)
shall be required where control of more than 25% of the franchisee is proposed
to be acquired by a person, partnership, association, corporation or group
of persons acting in concert, none of whom own or control 25% or more of such
right of control, singularly or collectively, at the time the franchise is
granted. By its acceptance of a franchise, the franchisee specifically acknowledges
and agrees that any such acquisition occurring without prior approval of the
city shall constitute a material violation of a franchise.
(5)Â
The franchise shall be nonexclusive and shall be for
terms of up to 15 years, which may be renewed under such conditions as may
be in effect at that time.
[Amended 4-13-2000 by Ord.
No. 2-2000]
(6)Â
Unless waived by the city, in writing, the franchisee
shall be bound and governed by the rules and regulations contained in the
FCC Cable Television Report and Order as set out in 47 CFR Part 76 (1972)
and applicable FCC regulations, except as otherwise modified by this chapter,
as well as applicable local and state laws, ordinances and regulations.
(7)Â
The franchisee, or any of its agents or employees, shall
not sell or otherwise make available to any party lists of the names and addresses
of subscribers or any list which identifies the viewing habits of individual
subscribers, subject, however, to the right of the city agency to audit the
records of the franchisee to establish compliance with the agreement of the
franchisee and the city. This subsection does not prohibit the franchisee
from providing composite ratings of subscriber viewing to any party.
(a)Â
No signals transmitted from a subscriber terminal shall
be monitored by the franchisee in order to determine patterns or practices
without the express written permission of the subscriber. The request for
such permission shall be contained in a separate document with a prominent
statement that the subscriber is authorizing the permission in full knowledge
of its provisions. Such written permission shall be for a limited period of
time, not to exceed one year, which shall be renewable at the option of the
subscriber. No penalty shall be invoked for a subscriber's failure to provide
or renew such an authorization. (This statement must be in the authorization.)
The authorization shall be revocable at any time by the subscriber without
penalty of any kind whatsoever. Such authorization is required for each type
or classification of cable television activity planned; provided, however,
that the franchisee shall be entitled to conduct system-wide or individually
addressed sweeps for the purpose of verifying system integrity, controlling
return-path transmission or billing for pay services.
(8)Â
The application of the franchisee shall be incorporated
by reference in the franchise agreement. The franchise agreement shall contain
such further conditions or provisions as may be negotiated by the city and
the franchisee. In case of conflict or ambiguity between any terms or provisions
of the franchise agreement and this chapter, the terms of the franchise agreement
shall control.
(9)Â
Detailed plans and specifications for the installation
of works of improvements authorized herein shall first be approved by the
city agency or its authorized agents during construction to ensure quality
control and compliance with plans, specifications and applicable costs.
[Amended 4-13-2000 by Ord.
No. 2-2000]
(10)Â
Equipment and facilities.
(a)Â
The franchisee shall, when and where practicable, lease,
rent or in any other lawful manner obtain the use of towers, poles, conduits,
lines, cables and other equipment and facilities from present holders of public
licenses and franchises within the city, including the Baltimore Gas and Electric
Company, Allegheny Power Company and the Bell Atlantic Telephone Company,
and said towers, poles, conduits, lines, cables and other equipment and facilities
shall be leased, rented or obtained on such terms as agreed, subject to all
existing and future ordinances and regulations of the city. Copies of all
agreements with such public utilities operating within the city shall be placed
on file in the office of the city agency immediately upon their execution.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
(b)Â
Wherever such facilities are not reasonably available
from the sources specified herein, the franchisee shall have the right to
erect and maintain its own poles, conduits and related facilities as may be
necessary for the proper construction and maintenance of its cable television
distribution system, subject to applicable laws, ordinances and regulations
and restrictions of titles.
(11)Â
Transmission and distribution structures.
(a)Â
All transmission and distribution structures, lines and
equipment erected by the franchisee within the city shall be so located as
to cause minimum interference with the proper use of streets, alleys and other
public ways and places and to cause minimum interference with the rights or
reasonable convenience of property owners who adjoin any of said streets,
alleys or other public ways and places. Any opening or obstruction in the
streets or any other public places made by the franchisee in the course of
its operation shall be guarded and protected at all times by the placement
of adequate barriers, fences or boardings, the bounds of which, during periods
of dusk and darkness, shall be clearly designated by warning lights.
(b)Â
In case of any disturbance of pavement, sidewalk, driveway
or other surfacing, the franchisee shall, at its own cost and expense and
in a manner authorized by the city agency, replace and restore all paving,
sidewalk, driveway or surface of any street or alley disturbed in as good
condition as before said work was commenced and shall maintain the restoration
in an approved condition.
(c)Â
In the event that at any time during the period of this
franchise the city shall lawfully elect to alter or change the grade of any
public street, water main or sewer mains, the franchisee, upon reasonable
notice by the city agency, shall remove, relay and relocate its poles, wires,
cables, underground conduits, manholes and other telephone fixtures at its
own expense.
(d)Â
The franchisee shall not replace new poles or other fixtures
where the same will interfere with any gas, electric or telephone fixtures,
water hydrant or main, sewer main, sewer and water services or other fixtures
placed in any street, and the same shall, where practicable, be placed at
the outer edge of the sidewalk and inside the curbline, and those placed in
alleys shall be placed close to the line of the lot abutting on said alley
and then in such a manner as not to interfere with the usual travel on said
public streets.
(e)Â
The franchisee shall, upon the request of any person
holding a building moving permit, temporarily raise or lower its wires to
permit the moving of buildings. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting the same, and
the franchisee shall have the authority to require such payment in advance.
The franchisee shall be given no less than 48 hours' advance notice to arrange
for such temporary wire changes.
(f)Â
The franchisee shall be required to trim trees upon and
overhanging streets, alleys, sidewalks and public places of the city so as
to prevent the branches of such trees from coming in contact with the wires
and cables of the franchisee, all trimming to be done at the expense of the
franchisee.
(12)Â
The construction and maintenance of the cable television
system, including house connections, shall be in accordance with the provisions
of the National Electrical Safety Code, prepared by the National Bureau of
Standards, and such applicable laws and regulations of the city, Carroll County,
State of Maryland and of the United States affecting such installations which
may be presently in effect or may be from time to time in the future in effect,
including a securing of all permits for such construction and maintenance
required by applicable law. All structures, equipment, lines and connections
shall be of permanent nature, durable and installed in accordance with good
engineering practice and maintained in a safe, suitable and substantial condition
in good order and repair wherever situated or located.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
(13)Â
Copies of all petitions, applications and communications
by or to the franchisee involving the Federal Communications Commission, Securities
and Exchange Commission or any other state or county agency or department
having jurisdiction in respect to any matters affecting the franchisee shall
also be furnished simultaneously to the city agency by the franchisee.
(14)Â
The franchisee or applicant for franchise shall have
all necessary permits and authorizations required in the conduct of its business.
(15)Â
Upon granting of any franchise as herein contemplated,
the franchisee shall, throughout the life of such franchise, keep the city
agency fully informed with respect to the matters specified below, and the
failure to disclose such information during the life of such franchise shall
be considered a material violation of the franchise and subject such franchisee,
at the discretion of the city, to suspension or termination:
(a)Â
Each franchisee shall allow the city agency to audit
all of its accounting and financial records upon reasonable notice; make available
all of its plans, contracts and engineering, statistical, customer and service
records relating to its system and all other records required to be kept hereunder;
and at all times maintain complete and accurate books of accounts, records
of its business and operations and all other records required by this specification.
(b)Â
Each franchisee shall file annually with the city agency
a report indicating all persons who, at any time during the preceding year,
did control an interest in the franchise of 1% or more, setting forth for
each the extent of the interest and all creditors, secured and unsecured,
in excess of $1,000, setting forth for each the amounts owed.
(c)Â
Each franchisee shall annually file a report detailing
maintenance, state of the art, improvements, signal strength and signal quality
at the subscriber end of the system.
(d)Â
Each franchisee shall also file annually such other information
concerning its operating as may be required by the city agency. The city shall
retain, throughout the life of any franchise given in pursuance of this chapter,
the right to demand such supplemental, additional or other information as
above noted, and upon proof of the failure to supply such information upon
reasonable demand, the franchise under which any applicant may be operating
may, at the option of the city, be suspended upon order of the city until
such information is forthcoming.
(e)Â
Each franchisee shall file a plan on an annual basis
showing its plans for extending its service to those parts of the service
area unserved at that time.
B.Â
Number of channels. The franchisee's distribution system
shall be capable of carrying all AM, FM and television signals originated
in the Washington, Baltimore and Harrisburg areas required or allowed to be
carried by the FCC. The system capacity in the forward path shall be at least
25 channels. The system shall have the capability of providing simultaneous
reverse direction signals for digital, audio and video signal transmission
on all elements of the system when and as allowed by the FCC.
(1)Â
The antenna and receiving and distribution equipment
shall be installed and maintained so as to provide pictures on subscribers'
receivers throughout the system essentially of the same quality as those received
at the antenna site.
(2)Â
Installation and maintenance of equipment shall be such
that standard NTSC color signals shall be transmitted with full fidelity to
any subscriber color receiver. The franchisee shall maintain its service in
accordance with such reasonable standards regarding uniformity of transmission,
noise levels and channel signal voltages as may from time to time be established.
(3)Â
Whenever it is necessary to shut off or interrupt service
for the purpose of making repairs, adjustments or installations, the franchisee
shall do so at such times as will cause the least amount of inconvenience
to its customers, and unless such interruption is unforeseen and immediately
necessary, it shall give reasonable notice thereof to its customers.
C.Â
Use of channels.
(1)Â
There shall be at least three channels designated as
public channels, one for public access, one for local government access and
one for education access, as defined elsewhere herein.
(2)Â
Pay television shall be allowed on secure channels only.
Advertising shall be allowed subject to restrictions imposed by the FCC or
other applicable rules or regulations.
(3)Â
The franchisee is prohibited from censoring any program
which is cablecast over public channels, except such censoring as is required
by the FCC or other applicable rules and regulations.
(4)Â
Charges made by the franchisee to a programmer, except
for public channels, shall be based upon the fair market value of the service
and no other criteria. A franchisee is prohibited from unlawfully discriminating
among users or in favor of itself.
(7)Â
The educational, government and public access channels
shall be made available free of charge; however, charges for equipment, personnel
and production of public access programming shall be reasonable and consistent
with the goal of affording users a low-cost means for live public access programs
not exceeding five minutes in length per day.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
(8)Â
The system shall be engineered to provide an audio alert
system to allow authorized officials, as designated by the city, to automatically
override the audio signal on all channels and transmit and report emergency
information.
D.Â
Subscriber equipment. The franchisee shall provide every
subscriber with all equipment necessary for reception on the subscriber's
set of channels to which he or she has subscribed; however, a provision shall
be made in the rate schedule whereby the subscriber charge shall be less if
the subscriber furnishes a converter.
E.Â
State of the art. The franchisee shall continually upgrade
its facilities, equipment and service so that its system is as advanced as
the current state of technology will allow. Compliance with this provision
shall be determined by the city agency.
F.Â
Public service installations and basic service. The franchisee
shall provide one free installation and free basic service at all municipal
buildings, police stations, fire stations, schools, hospitals, jails and libraries
within the service area. Such installations shall be made at such reasonable
locations as shall be requested by the respective units of government or education
institutions. Any charge for relocation of such installations shall, however,
be charged at actual costs. Additional installations at the same location
may be made at cost plus 10%. No monthly service charges shall be made for
distribution of the franchisee's signals within such publicly owned buildings.
G.Â
Other business activities. In the conduct of the business
franchised hereunder, neither the franchisee nor its officers, employees or
agents shall sell, repair or install or recommend the sale, repair or installation
of radio or television receivers; provided, however, that nothing herein shall
be deemed to prohibit the franchisee, at the customer's request and without
payment, from examining and adjusting a customer's receiver set to determine
whether reception difficulties originate in said set or in the franchisee's
system. The franchise granted pursuant hereto authorizes only the operation
of a system as provided for herein and does not take the place of any other
franchise, license or permit which might be required by law of the franchisee
in order to install its system.
H.Â
Interconnection. The franchisee shall be capable of interconnecting
its system or any part thereof with any other broadband communications facility
operating in the city or county and/or the adjacent jurisdictions. The interconnection
shall be made within 60 days of an order by the city to proceed, unless, for
good cause shown by the franchisee, a reasonable time extension is granted
by the city agency.
I.Â
Building apartments. No franchisee shall be required to pay any fee to the building owner(s) to provide cable television service to any member of the public in any privately owned buildings which are in the city. Any disputes between the franchisee and any building owner shall be heard at and resolved by a hearing by the city agency. Each franchisee shall report to the city agency any building owner who requests a fee from the franchisee as a condition for allowing the franchisee to install a cable system service in the building owner's building. A franchisee is expressly prohibited from entering into any agreement with an owner of a multiple-dwelling unit which would increase the rates or increase or decrease services to a subscriber residing in the dwelling, other than with medical organizations or educational or charitable institutions; however, this shall not contravene the provision of Subsection F above.
J.Â
Repair. Any damage caused to the property of building
owners or users or any other person by the franchisee shall be repaired by
the franchisee.
K.Â
Removal of facilities upon request. Upon termination
of service to any subscriber, the franchisee shall promptly remove all its
facilities and equipment from the premises of such subscriber upon his or
her written request. The franchisee shall not charge a fee for the same.
A.Â
In the event of failure of the franchisee to commence
to render community television service to the residents of the service area
as contemplated and provided for by a franchise within a period of 18 months
from the date of the grant of a franchise, the city shall consider this as
a material violation of the franchise and, therefore, have the right to revoke
the franchise and all rights of the franchisee thereunder.
B.Â
If the franchisee shall fail to comply with any of the
provisions of this chapter or default in any of its obligations, except for
causes beyond the reasonable control of the franchisee, as heretofore provided,
and shall fail, within 30 days after written notice from the city agency,
to correct such default or noncompliance, the city shall consider this as
a material violation of the franchise and, therefore, have the right to revoke
the franchise and all rights of the franchisee thereunder.
C.Â
Upon the termination of the franchise or any renewal
thereof, the franchisee shall remove its posts, poles and all aboveground
equipment from the streets, lanes, sidewalks, highways, alleys, bridges and
other public places in the service area and shall restore such streets, lanes,
highways, sidewalks, alleys, bridges and other public places to their original
condition. Following termination of the franchise, any property owned by the
franchisee and not removed from city properties within six months from the
termination date will become the property of the city to do with as it may
choose. Any cost occurring to the city in removing the franchisee's former
possessions from the city streets or land will be a claim against the franchisee.
D.Â
The franchisee may surrender the franchise at any time
upon filing with the city a written notice of its intention to do so at least
60 days before the surrender date. On the surrender date specified in such
notice, all the rights and privileges and all of the obligations, duties and
liabilities of the franchisee under this chapter shall cease and terminate,
except that the franchisee shall have an additional six months to remove its
plant and equipment from city streets and all other public lands upon which
it is located. At the end of said six months, any property owned by the franchisee
and not removed from city properties will become the property of the city
to do with as it may choose. Any costs occurring to the city in removing the
franchisee's former possessions from city streets or land will be a claim
against the franchisee.
E.Â
Tapping shall constitute immediate grounds for the revocation
of the franchise. The prosecution of any person for tapping shall not be a
bar to the revocation of the franchise granted hereunder. Upon an allegation
that the franchisee has engaged in tapping, the city shall give notice to
the franchisee that a hearing will be conducted to consider whether or not
the franchisee has engaged in tapping. At the hearing, the franchisee and
any interested person may be heard on the issue of whether or not the franchisee
engaged in tapping. Should the city find, in its discretion, that the franchisee
engaged in tapping, the city may suspend or revoke the franchise granted hereunder.
F.Â
In order that the city, or its designee, may exercise
its option to take over the facilities and property of the system as authorized
herein upon expiration or forfeiture or revocation of the rights and privileges
of the franchisee, the franchisee shall not make, execute or enter into any
deed, deed of trust, mortgage, contract, conditional sales contract or any
loan, lease, pledge, sale, gift or any other agreement concerning any of the
rights, facilities or property, real or personal, of the system without prior
approval of the city and upon the city's determination that the transaction
proposed by the franchisee will not be harmful to the rights of the city under
the franchise; provided, however, that this subsection shall not apply to
the disposition or replacement of worn-out or obsolete facilities or personal
property in the normal course of carrying on the CATV business or to routine
contractual relationships entered into in the ordinary course of the cable
business.
G.Â
The franchise herein granted shall, at the option of
the city, cease and terminate upon the appointment of a receiver or receivers
or trustee or trustees to take over and conduct the business of the franchisee,
whether in a receivership, reorganization, bankruptcy or other similar action
or proceeding. In the case of a foreclosure or other judicial sale of the
plant, property and equipment of the franchisee, or any part thereof, including
or excluding the franchise, the city may serve notice of termination upon
the franchisee and the successful bidder at such sale, in which event the
franchise herein granted and all rights and privileges of the franchisee hereunder
shall cease and terminate 30 days after service of such notice, unless:
The franchisee shall not oppose intervention by the city in any suit
or proceeding to which the franchisee is a party.
A.Â
The franchisee shall maintain, within 20 miles of the
service area, a local business office or designated agent for the purpose
of receiving and resolving all complaints regarding the quality of service,
equipment malfunctions and other similar matters.
B.Â
The franchisee shall provide a toll-free telephone number
at which subscribers may contact the franchisee or agent thereof on a twenty-four-hour
basis in the case of emergencies and shall list such number in the local telephone
directory and shall notify its subscribers of such service.
C.Â
Complaints by any subscriber may be filed with the franchisee,
in writing, or delivered to the franchisee orally in person or by means of
the telephone.
D.Â
Any complaints received from subscribers shall be investigated
by the franchisee and service restored at least within 48 hours of their receipt.
In the event that service is not restored within 48 hours, the subscriber
shall be credited with a reduction in his or her monthly payment for each
full day or portion of a day that such service is not restored by determining
from the monthly charge the prorated charge for each day's service, then multiplying
said daily charge by the number of days during which service was not wholly
restored and subtracting the result from the monthly charge.
E.Â
The franchisee shall keep a maintenance service log that
will indicate the nature of each complaint, the name of the employee of the
franchisee receiving the complaint, the date and time it was received, the
disposition of the complaint and the time and date thereof. In said log the
franchisee shall state the specific steps taken by the company to remedy the
complaint. This log shall be made available for periodic inspection by the
city agency.
F.Â
The procedure for reporting and resolving complaints
shall be stated, in writing, by the franchisee to each subscriber at the time
of initial subscription to the cable system.
G.Â
The franchisee shall maintain the staff and facilities
needed to handle properly system maintenance and complaints.
H.Â
The franchisee shall maintain a duty roster of qualified
technicians to respond to complaints or malfunctions at other than normal
office hours.
A.Â
Liability and indemnification of the city. The franchisee
shall indemnify and hold harmless the city, its agents, servants, officials
and employees at all times and specifically agrees that it will pay all damages
and costs which the city or its agents, servants, officials or employees may
be legally required to pay arising from the franchise granted herein. Such
damages and penalties shall include, but not be limited to, damages arising
out of copyright infringements and other damages arising out of the installation,
operation or maintenance of the CATV system authorized, allowed or prohibited
by the franchise. In the event that suit shall be filed against the city or
its agents, servants, officials or employees, either independently or jointly
with the franchisee, to recover for any claim or damages, the franchisee,
upon notice to it by the city, shall defend the city or its agents, servants,
officials or employees, as the case may be, against the action, and in the
event of a final judgment being obtained against any of them, either independently
or jointly with the franchisee, by reason of the acts of the franchisee, the
franchisee will pay said judgment and all costs and legal fees and hold the
city, its agents, servants, officials and employees harmless therefrom.
B.Â
Faithful performance bond. The franchisee shall, concurrently
with its acceptance of a franchise, file with the city, at the franchisee's
sole expense, a corporate surety bond with a responsible company approved
by the city and licensed to do business in Maryland in the amount of not less
than $100,000, renewable annually and conditioned upon the faithful performance
of the franchisee and upon the further condition that in the event that the
franchisee shall fail to comply with any one or more of the provisions of
the franchise agreement or this chapter, there shall be recoverable, jointly
and severally from the principal and surety of such bond, any damages or loss
suffered by the city or subscribers as a result thereof, including the full
amount of any compensation, indemnification or cost of removal or abandonment
of any property of the franchisee as prescribed hereby, plus a reasonable
allowance for attorney's fees and costs, said condition to be a continuing
obligation on the part of the franchisee to the city that may arise from the
acceptance of the franchise or its renewal or from the exercise of any privilege
or right herein granted. The bond shall provide that at least 30 days' prior
written notice of intention not to renew or to cancel or of any material change
shall be given by the surety company by filing the same with the city agency.
[Amended 4-13-2000 by Ord.
No. 2-2000]
C.Â
Insurance. The franchisee shall carry insurance in such
forms and in such companies as shall be approved by the city agency, such
approval not to be unreasonably withheld, to protect the city, its agents,
servants, officials and employees and the franchisee from and against any
and all claims, injury or damage. The insurance policies and performance bonds
obtained by the franchisee in compliance with this and other sections shall
be issued by a company or companies acceptable to the city agency, and a current
certificate or certificates of insurance and bonding, along with written evidence
of payment of all required premiums, shall be filed and maintained with the
city agency during the term of the franchise and prior to the commencement
of construction. Said policies shall name the city as an additional insured
and shall contain a provision that a written notice of cancellation or reduction
in coverage of said policy shall be delivered to the city agency 30 days in
advance of the effective date thereof. The policies shall protect the city,
its agents, servants, officials and employees and the franchisee from and
against any and all claims, injury or damage to persons or property, both
real and personal, caused by the construction, erection, operation or maintenance
of the system.
D.Â
Nonwaiver. Neither the provisions of this section, or
of any bonds accepted by the city or city agency pursuant hereto, nor any
damage recovered by the city thereunder shall be construed to excuse unfaithful
performance by the franchisee or limit the liability of the franchisee under
this chapter or the franchise for damages, either to the full amount of the
bond or otherwise.
A.Â
The franchisee shall extend the installation of cables,
amplifiers and related equipment throughout the area covered by the franchise
as rapidly as practicable. Service shall be extended throughout the service
area as soon as practicable or as directed by the city agency, but no later
than 18 months following the issuance of the franchise.
B.Â
The franchisee shall file a map and program report with
the city agency at the close of each calendar year showing the exact area
of the city being served by the cable television system and the location and
identification of major component parts of the system and plans for future
service extensions by year.
[Amended 3-14-1994 by Ord.
No. 1-94]
A.Â
Ordinance No. 113, adopted by the County Commissioners
of Carroll County, Maryland, on January 17, 1994, is hereby adopted as part
of the Code of Ordinances of the City of Taneytown, Maryland, by reference.
B.Â
Ordinance No. 126, adopted by the County Commissioners
of Carroll County, Maryland, on November 29, 1994, is hereby adopted as part
of the Code of Ordinances of the City of Taneytown, Maryland, by reference.
[Added 4-10-1995 by Ord.
No. 8-95]
[Amended 4-13-2000 by Ord.
No. 2-2000]
A.Â
During the term of any franchise granted pursuant to
this chapter, the franchisee shall pay to the city for the use of its streets
and public ways and other facilities, as well as the maintenance, improvement
and supervision thereof, an annual franchise fee as specified in the franchise
agreement.
B.Â
Method of computation.
(1)Â
Payments due the city under the terms of the franchise
shall be computed quarterly and paid within 30 days of the end of each quarter,
that is, within 30 days after December 31, March 31, June 30 and September
30, respectively. The city agency shall be furnished with a statement with
each payment, certified as correct by the franchisee, and an annual statement
for the entire year, prepared by a certified public accountant.
(2)Â
All statements shall reflect the total amount of gross
subscriber revenues. Statements accompanying payments of the franchise fee
shall set forth a detailed computation of the payment. The city agency reserves
the right to reasonable inspection of the books, records, maps, plans and
other material of the franchisee.
C.Â
Right of recomputation. No acceptance of any payment
shall be construed as a release or as an accord and satisfaction of any claims
the city may have for further or additional sums payable as a franchise fee
under the franchise agreement or for the performance of any other obligation
hereunder.
D.Â
Failure to make required payment. Failure to pay any
fees required by this section shall be considered a material violation of
the franchise in accordance with the foregoing provisions of this chapter
and shall, at the option of the city, result in a suspension or termination
of the franchise granted, and reinstatement thereof may, at the option of
the city, be had upon payment of the delinquent fee or fees, plus any interest
and/or penalties as may be required by the city.
Until such time as the city establishes a separate city agency, the
city itself shall have the powers of the city agency but may designate all
or any part of them to the City Manager. The city agency, in addition to any
functions assigned to it elsewhere in this chapter, may have the following
functions. It may:
A.Â
Advise the city on matters which might constitute grounds
for revocation of a franchise or other enforcement action in accordance with
this specification.
B.Â
Resolve disagreements among the franchisee, subscribers
and public and private users of a system. Such decisions of the city agency
shall be appealable to the city in the event that the city does not designate
itself as the city agency.
C.Â
Advise the city on the regulation of rates in accordance
with this chapter.
D.Â
Coordinate the franchisee's services for best public
use of facilities and channels of the system.
E.Â
Determine general policy relating to the service provided
subscribers and the operation and use of public channels, with a view to maximizing
the diversity of programs and services to subscribers. The use of public channels
shall be allocated on a first-come, first-served basis, subject to limitations
on monopolization of system time or prime times.
F.Â
Encourage use of public channels among the widest range
of institutions, groups and individuals. This endeavor shall be conducted
with a view toward establishing different categories of uses.
G.Â
Cooperate with other systems and coordinate interconnection
of systems.
H.Â
Audit all franchisee records required by this chapter
and require the preparation and filing of information additional to that required
herein.
Citizen advisory committees may be established as the need arises.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
A.Â
Recourse. The franchisee shall have no recourse whatsoever
against the city or its officers, officials, boards, commissions, agents or
employees for any loss, cost, expense or damage arising out of any provisions
or requirements of the franchise or because of its enforcement, except as
may be provided herein.
B.Â
Arbitration. In the event that the city and franchisee
are unable to agree as to franchise amendments or any other matter that may
be made subject to arbitration by this chapter, then each party shall designate
an arbitrator, and these two arbitrators shall in turn select a third arbitrator.
The three arbitrators, by majority vote, shall have the power to determine
any matter made subject to arbitration by this chapter. If this method fails
or for any reason cannot be followed, then arbitration shall be conducted
in accordance with § 3-201 et seq. of the Courts and Judicial Proceedings
Article of the Annotated Code of Maryland.
C.Â
Costs. Except where otherwise expressly stated herein,
all costs incurred by a franchisee in connection with any provision of this
chapter shall be borne by the franchisee.
[Amended 8-9-1999 by Ord.
No. 8-99; 12-13-1999 by Ord.
No. 9-99]
Tapping shall constitute a misdemeanor. Any person found guilty of tapping
is subject to punishment under the provisions of § 10-402 of the
Courts and Judicial Proceedings Article of the Annotated Code of Maryland,
when the act of tapping would be a violation of that article. When the tapping
does not constitute a violation of the Courts and Judicial Proceedings Article,
§ 10-401 et seq., any person who is found guilty of tapping shall
be punished by a fine of not more than $1,000 or by imprisonment of not more
than six months, or both.
