City of Mayville, WI
Dodge County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989 by Ord. No. 695-89 as Ch. 20 of the 1989 Code. Amendments noted where applicable.]

§ 174-1 Purpose.

It is the purpose of this chapter to set forth the obligations and rights of the City and grantee in regards to a franchise to construct, maintain and operate a broadband telecommunications network in the City.

§ 174-2 Short title.

This chapter shall be known and may be cited as the "Mayville Cable Franchise Chapter."

§ 174-3 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
ADDITIONAL SERVICE
Service other than service provided by the grantee to the subscriber on a monthly basis and for which the subscriber pays a set fee.
ANNUAL GROSS SUBSCRIBER REVENUES
The revenues received by the grantee, its affiliates or subsidiaries from the monthly service charge to subscribers and is other than that revenue received from additions or auxiliary service.
BASIC SERVICE
Subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers.
BROADBAND TELECOMMUNICATIONS NETWORK
Any network of cables and optical, electrical or electronic equipment, including cable television systems, used to transmit electrical impulses of television, radio and other intelligences, either analog or digital, for sale or use by the City residents.
CITY
The City of Mayville or the area within the City corporate limits and such territory outside the City over which the City has jurisdictional control by virtue of any constitutional or charter provisions or any law.
COMMENCE OPERATION
Operation shall be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of full network services to at least 25% of the dwelling units located within the designated service area.
COMMON COUNCIL
The Common Council of the City of Mayville and any legally appointed or elected successor or agency.
DATA GRADE
Coded transmission primarily digital in nature.
FCC
The Federal Communications Commission and any legally appointed or elected successor.
FRANCHISE PAYMENT
Includes all charges imposed for a franchise, whether the object is regulation, revenue or one-time reimbursement of costs incurred by the City in the award of this franchise.
GRANTEE
Any person to whom a franchise is granted by the Council hereunder and the lawful successor or assignee of such person.
REASONABLE NOTICE
The provision of notice of contemplated action delivered at least 72 hours prior to such action.
SERVICE AREA
That geographical area within the City corporate limits.
STREET
All streets, roadways, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated by law.
SUBSTANTIALLY COMPLETED
Sufficient distribution facilities have been installed to permit the offering of full network service to at least 75% of the dwelling units reasonably in the service area.
VIDEO GRADE
Transmission primarily analog in nature, including the picture phase of a television broadcast.

§ 174-4 Grant of authority to use City streets.

A. 
The franchise granted hereunder shall be for a term of 15 years and shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, across, above, over and under streets which have been or may hereafter be dedicated and open to public use in the City towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a broadband telecommunications network in the City, utilizing, wherever possible, existing facilities, with the right, upon application to the Mayville Cable Television Commission, to set such poles or other equipment on new facilities constructed by the applicant. The Mayville Cable Television Commission shall attempt, for esthetic purposes, to prevent the proliferation of poles in the City; however, the Commission shall not unreasonably refuse permission for said construction.
B. 
The right to use and occupy said streets for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets to any person at any time during the period of this franchise.

§ 174-5 Incorporation of application.

The grantee's franchise application dated and filed in the City Clerk's office shall be a part of this chapter, except that if there are conflicting provisions, the provisions of this chapter shall prevail.

§ 174-6 Franchise review.

A. 
Periodic review. On or about the first, the fifth and the 10th anniversaries of the effective date of the franchise, and at such other time as the City may deem necessary, the City and the grantee will jointly review the performance of the grantee's operation and, specifically, the City will inquire whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations.
B. 
Report. At the conclusion of the review, the City and the grantee shall prepare a written report setting forth the results of their review and their conclusions and also recommendations for changes or modifications in the franchise rights and obligations of the cable television system. Said written report shall be filed with the City Clerk and shall be subject to public inspection. As an alternative to a written report, the City and the grantee may report at a public hearing the results of their review and their conclusions.
C. 
Changes. After the completion of the review and the filing of a written report or public hearing, the Council may then order unilateral changes in the franchise rights and obligations of the cable television system where said changes cause no economic impact. Any changes that cause substantial adverse economic impact shall be the subject of negotiations with the grantee. Disputes hereunder shall be resolved by arbitrators, one selected by each party and the third selected by the other two, whose decision shall be final. The arbitrators are to base their decision on what is fair and equitable to all concerned.

§ 174-7 Renewal of franchise.

A. 
At least nine months prior to the expiration of the franchise, the City shall schedule a public meeting or meetings affording due process to the grantee for the purpose of reviewing the performance of the grantee, including the results of the previous franchise reviews. The City may require the grantee to make available specified records, documents and information for this purpose. Upon concluding such meetings, the City shall, within 30 days of the conclusion of such meetings, decide whether to reissue the broadband telecommunications franchise or franchises to the grantee. The grantee shall not be denied renewal unless the Council determines that renewal would not be in the public interest and such reasons are documented. The City shall not arbitrarily and capriciously deny renewal nor shall renewal be denied without just cause.
B. 
Upon the justified denial of the renewal of the franchise or upon the failure of the grantee to exercise its right to renew, the City shall have the right to purchase the grantee's cable system. Should the City decide to purchase said cable system, it shall do so at a price not to exceed its then fair value. In determining the fair value of the system, the original cost of all tangible and intangible property, as well as the salvage value, the book value, the replacement cost, cash flow and other factors, may be considered. Under no circumstances shall any valuation be made for "good will" or for any right or privilege granted by this franchise chapter. Payment for the cable system shall be rendered to the grantee within 120 days after the City has exercised its right to purchase.

§ 174-8 Termination of franchise.

A. 
The City reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated therewith in the event of:
(1) 
Noncompliance by the grantee with any material provision of this chapter or any supplemental written agreement entered into by and between the City and the grantee. Actions which will be deemed to be in noncompliance with the material provisions of this chapter shall include, but shall not be limited to, violations of §§ 174-9, 174-11, 174-14, 174-17 and 174-21 of this chapter. A material violation shall include attempts to evade any of the material provisions of this chapter.
(2) 
The grantee entering into receivership or liquidation, filing an application for bankruptcy or for composition of creditors, or being unable or unwilling to pay its debts as they mature; provided, however, that such financial difficulty must be of sufficient consequence so as to jeopardize the continued operation of the network.
B. 
In the event that the City shall decide to terminate, for cause, a franchise granted hereunder, it shall give the grantee 90 days' written notice of its intention to terminate. The notice shall set forth the cause for the termination. If, during the ninety-day period, the cause shall be cured to the satisfaction of the City, the City shall declare the notice to be null and void. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the Council.
C. 
Should the grantee's franchise be terminated or expire and there is no judicial or administrative review of the termination or expiration taking place, the grantee shall begin removal within 90 days of termination or expiration of all property owned by it and placed on a public right-of-way, unless permitted by the City to abandon said property in place or transfer said property to a purchaser.
D. 
Upon the termination or expiration of a franchise, the City may, by resolution, on its own motion or request of the grantee, require the grantee to operate the franchise for an extended period of time not to exceed six months from the date of any such resolution. All provisions of the franchise shall continue to apply to operations during an extension period. The City shall serve written notice at the grantee's business office of intent to extend under this subsection at least 30 days prior to expiration of the original franchise or any extensions thereof.

§ 174-9 Transfer, assignment or sale of franchise.

A. 
This franchise may be transferred, assigned or sold only with the written consent of the Council and approved only if the transferee, assignee or purchaser agrees, in writing, to be subject to all the terms and conditions of this chapter.
B. 
The franchisee shall notify the Council at least 30 days before a proposed transfer, assignment or sale is to take effect. Such a notice must be in the form of a written request to the City Clerk, stating the reasons why such an assignment is necessary and/or advisable and detailing the expected changes in the operation of the system.
C. 
Information of the legal, character, financial, technical and other qualifications of the party or parties to whom the franchise is to be transferred, assigned or sold and/or operated shall also be provided.
D. 
This section shall apply to any transfer, assignment or sale of greater than 25% of the ownership, operation or management of the franchise.
E. 
The Council shall not withhold approval or consent regarding the transfer, assignment or sale without cause and unless it is shown that the operation or management of the system will be affected to the detriment of the public by approving said transfer, assignment or sale.
F. 
This provision shall not apply to either the mortgage or hypothecation of the system as a result of the mortgage or the remedies therein.

§ 174-10 Conditions regarding street use.

A. 
Interference with streets. All transmission and distribution structures, lines and equipment erected by the grantee within the City shall be located so as not to interfere 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 and not to interfere with existing public utility installations.
B. 
Underground facilities. All installations shall be underground in those areas of the City where both telephone and electric service are underground at the time of the installation. In areas where either telephone or electric utility distribution facilities are above ground at the time of the installation, the grantee may install its facilities above ground, but in such case the grantee, to the maximum extent possible and subject to approval by the affected public utility, shall place its facilities on the poles of said public utilities. If, subsequently, said telephone and/or electric utility facilities go underground so that both the telephone and electric utility facilities are underground, the facilities of the grantee shall go underground simultaneously. The use by the grantee of any facilities or installations of a telephone or electric utility and the conditions of said use shall be determined by negotiations between the grantee and said utility.
C. 
Restoration of streets. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall, at its own expense and in the manner provided by the City, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed.
D. 
Change of grade. If at any time during the period of the franchise the City shall lawfully elect to alter or change the grade or location of any street, alley or other public way, the grantee shall, upon reasonable notice by the City, remove, relay and relocate its poles, wires, cables and underground fixtures at its own expense and, in each instance, comply with the requirements of the City.
E. 
Interference with other utilities. The grantee shall not place poles, conduits, wires or other facilities above or below ground where the same will interfere with or endanger any gas, electric or telephone facilities, water hydrant or other utility, nor shall the grantee place poles, conduits, wires or other facilities above or below ground in a manner which results in the public utility facility violating any applicable safety statute, ordinance or administrative regulation.
F. 
Moving buildings. The grantee shall, on request of any person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal to be paid by the person requesting the same, and the grantee shall be given not less than 72 hours' advance notice to arrange such temporary changes.
G. 
Trimming of trees. The grantee shall have the authority to trim any trees upon and overhanging the 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 grantee, except that, at the option of the City, such trimming may be done by it, or under its supervision and direction, at the expense and liability of the grantee.
H. 
City use of fixtures. The City shall have the right, during the life of the franchise, free of charge, to install and maintain upon the fixtures and conduits of the grantee within the City limits wires and appropriate attachments necessary for a security or fire alarm system. Such wires and fixtures shall be constructed and maintained to the satisfaction of the grantee and in accordance with its specifications. The City, in its use and maintenance of such wires and attachments, shall at all times comply with the rules and regulations of the grantee so that there may be a minimum danger of contact or conflict between the wires and fixtures of the grantee and the wires and attachments of the City.

§ 174-11 Completion of construction and extension of system.

A. 
The grantee shall initiate construction and installation of the broadband telecommunications network within six months of receiving the necessary authority from the Federal Communications Commission, including microwave licenses, and within 12 months the grantee shall commence operation. The grantee shall have substantially completed construction within the franchise area within 18 months of the effective date of the franchise granted hereunder.
B. 
Failure to comply with the provisions of Subsection A above may justify termination of the franchise.
C. 
The City may, in its discretion, extend the time for grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which grantee demonstrates, to the satisfaction of the Council, that the grantee is being subjected to delay or interruption due to any of the following circumstances, if reasonable, beyond its control:
(1) 
Necessary utility rearrangements or pole changeouts.
(2) 
Governmental or regulatory restrictions.
(3) 
Labor strikes.
(4) 
Lockouts.
(5) 
War.
(6) 
National emergencies.
(7) 
Fire.
(8) 
Natural disasters.
D. 
The grantee shall extend the cable system to provide full service to all residents of newly annexed areas and all residents within the City limits where density of 60 potential subscribers per linear mile can be obtained.
E. 
The grantee shall be allowed to furnish service to other areas than the City provided that the construction or provision of services to areas other than the City does not prohibit, impede or delay the substantial completion date of the system in the City.

§ 174-12 Service and operation standards.

A. 
The grantee shall install, maintain and operate its system in accordance with the highest standards of the art of cable communications and in accordance with any code of conduct which has been adopted or shall be adopted by the National Cable Television Association.
B. 
The grantee shall render efficient service in accordance with such rules and regulations as have been promulgated and will be promulgated by the FCC and other federal and state regulatory agencies.
C. 
The grantee shall provide uniform, strong signal, free from distortion and interference, and shall not interrupt services unless absolutely necessary.
D. 
The grantee shall provide cable television services which are identical to those services which the grantee described in the grantee's proposal and application, provided that said grantee shall not have to provide and propose services which have been disapproved by the FCC.
E. 
The grantee shall provide a network having a minimum immediate or potential capacity of not fewer than 54 channels with immediate or potential two-way video grade capacity. In addition, the network shall also have the immediate or potential capability for transmitting data grade intelligences in both forward and reverse directions.
[Added by Ord. No. 797-94]
F. 
The grantee shall carry, to the extent permitted by the FCC and as it can economically afford, the maximum number of broadcast signals, and the grantee shall exercise its best efforts to obtain permission from the FCC or any other regulatory agency having jurisdiction over the number of signals permitted for carriage of such signals.
G. 
The grantee shall respond to all service calls seven days a week and shall respond to any one service call within 48 hours of all requests for repairs or adjustments received prior to 2:00 p.m. each day. The grantee shall be responsible for restoration of loss of service, except to the extent that restoration of service is prevented by strike, injunction or other cause beyond the control of the grantee. The grantee shall maintain a record of service reports and of the time of restoration of service. If restoration of service is not obtained in 48 hours, the grantee shall be required to refund 1/30 of the monthly charge to the subscriber for each 24 hours during which service is not restored.
H. 
The grantee shall either provide a local office or designate a local representative in the City able to accept monthly payments.
I. 
The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the grantee to exercise its rights and perform its obligations under this chapter and any franchise granted thereunder. All such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, state law or the rules and regulations of the FCC, or any rules and regulations granted hereunder. One copy of all such rules, regulations, terms and conditions together with any amendments, additions or deletions thereto shall be maintained for public inspection during normal business hours at the grantee's office in the City and shall be filed with the City Clerk for examination by the public. No such rule, regulation or amendment thereto shall take effect until so filed.

§ 174-13 Public access channel and public programming.

A. 
The grantee shall make provisions for local origination programming, to include designation of at least one channel fully devoted to such programming. The grantee shall maintain all necessary facilities and equipment for such programming and shall make all reasonable efforts to see to its accomplishment. With respect to such programming, the City encourages the cooperation and support of the commercial and noncommercial members of the community. By way of illustration, not limitation, such programming may include church services for shut-ins, public affairs programming, candidate forums, election results, school athletic events, concerts and theater productions, or programming designed specifically for the elderly.
B. 
The grantee shall not be responsible for the production costs of programs prepared for transmission other than for brief live studio presentations not exceeding five minutes over the channel as set forth in Subsection A above.
C. 
The grantee shall provide, without charge and upon request, within the City, one connection, together with monthly basic service, to such public, parochial, and nonprofit private schools and City buildings as the City may hereafter designate. The City reserves the right, at its expense, to extend service to as many areas within such schools, buildings and agencies as it deems desirable without payment of any additional fee to grantee.

§ 174-14 Rates.

A. 
The rates charged to subscribers shall be fair and reasonable.
B. 
The initial rates which the grantee shall be allowed to charge shall be those rates set forth in the grantee's application for the franchise.[1]
[1]
Editor’s Note: Former Subsection C, Rate supervision, was repealed 8-8-2011 by Ord. No. 1034-3011.

§ 174-15 Rights reserved to City.

A. 
The right is hereby reserved to the City to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police powers, provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted.
B. 
Nothing in this chapter shall limit the right of the City to acquire the cable system of the grantee through the exercise of eminent domain, condemnation proceedings or otherwise.
C. 
Nothing contained in this chapter shall be construed to limit or in any other way impair the powers and authorities of the City, except as expressly stated in this chapter.
D. 
The City may, from time to time, add to, modify or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers, provided that such additions, modifications or revisions are reasonable and do not adversely affect the grantee economically. Such additions, modifications or revisions shall be made only after a public hearing for which the grantee shall have received written notice at least 30 days prior to such hearing.

§ 174-16 Removal, disconnection or relocation of facilities.

The City reserves the right, upon reasonable notice, to require the grantee to protect, support, temporarily disconnect, relocate or remove from the City's streets any property of the grantee by reason of traffic conditions, public safety, street construction or vacation, change or establishment of street grade, or installation of sewers, drains, water pipes, power or communication lines, tracks or other types of structure or improvement. Reasonable notice for this provision of this chapter shall be construed to mean at least 30 days, except in emergencies where no specific notice period shall be required. The grantee shall have an opportunity to present alternative routes, contest the expense and negotiate the shared cost. The City shall not require removal, disconnection or relocation of the grantee's facilities without cause, and the City shall consider the grantee's facilities in making its initial determination which might trigger this section.

§ 174-17 Protection of individual rights.

A. 
Use of data from subscribers. A grantee, the City or any person shall not initiate or use any form, procedure or device for procuring information or data from cable subscribers' terminals by use of the cable system without prior authorization from each subscriber so affected. Valid authorization shall mean approval from the subscriber for a period of time not to exceed one year and shall not be obtained from the subscriber as a condition of service.
B. 
Subscriber data. The City, a grantee or any person shall not, without written valid authorization from the Council, provide any data identifying designated subscribers.
C. 
Subscriber agreements. An agreement or contract such as necessary for Subsections A and B above shall not be part of any other contract or agreement and shall not be a condition of subscribing to the system.

§ 174-18 City's right of intervention.

The City shall have the right to intervene and the grantee specifically agrees by its acceptance of a franchise hereunder not to oppose such intervention by the City in any suit or proceedings to which the grantee is a party.

§ 174-19 City's right of inspection.

The City reserves the right, during the life of any franchise granted hereunder, to inspect and supervise all construction or installation work performed subject to the provisions of this chapter and to perform network measurements to ensure compliance with the terms of the chapter.

§ 174-20 Easements and permits.

Any franchise granted hereunder shall not relieve the grantee of any obligation involved in obtaining pole or conduit use agreements from the utility companies or others maintaining poles or conduits in the streets of the City whenever the grantee finds it necessary to make use of said poles or conduits. The City shall grant to the grantee authority, including easements, to use its public rights-of-way, streets and other conduits for the distribution of the grantee's system and shall exercise its right of eminent domain when the obtaining of an easement is necessary for the distribution of the grantee's system in the public interest.

§ 174-21 Franchise fee.

A. 
Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the City as set by the Common Council which shall be due and payable concurrently with the request for the bidding information.
B. 
Grantees of a franchise herein shall pay to the City an annual fee to be utilized by the City to offset its regulatory and administrative costs hereunder in the amount of 3% of total gross subscriber revenues, subject to annual review for decrease or increase as conditions warrant. This payment shall be in addition to any other payment owed to the City by the grantee and shall not be construed as payment in lieu of municipal property taxes or other state, county or local taxes.
C. 
The City shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed. The right of audit and recomputation of any and all amounts paid under this franchise shall be always accorded to the City.

§ 174-22 Installation in future subdivisions.

The City shall require all developers of future subdivisions, when making provisions for or restrictions of utilities in the subdivision plat, to include cable television services. It is intended by this section to include cable television services in the same class with public utilities.

§ 174-23 Compliance with laws, rules and regulations.

If any valid law, rule or regulation of any governing authority or agency having jurisdiction, including but not limited to the FCC, contravenes the provisions of this authorization, then the provisions hereof shall be superseded by any such valid law, rule or regulation. The grantee agrees to fully comply with all local, state, federal and FCC rules, orders, reports and laws presently in effect or that may become effective in the future.

§ 174-24 Liability and indemnification.

A. 
The grantee shall maintain and, by its acceptance of any franchise granted hereunder, agrees that it shall maintain, throughout the term of the franchise, a general comprehensive liability insurance policy against liability for loss or damage for personal injury, death or property damage occasioned by the operations of the grantee under any franchise granted hereunder in the minimum amounts of $500,000 for bodily injury or death to any one person, $1,000,000 for bodily injury or death resulting from any one accident, and $500,000 for property damage resulting from any one accident.
B. 
It shall be expressly understood and agreed by and between the City and any grantee hereunder that the grantee shall save the City and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney fees, sustained by the City on account of any lawsuit, judgment, execution, claim or demand whatsoever arising out of, but not limited to, copyright infringements and all other damages arising out of the installation, operation or maintenance of the broadband telecommunications network authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder. This provision shall not apply to acts of the City, its agents or employees.
C. 
The insurance policies referred to in Subsection A above shall be obtained from the same company and shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until 30 days after receipt by the City Clerk by registered mail of a written notice of such intent to cancel or reduce the coverage."
D. 
The grantee shall maintain and, by its acceptance of any franchise granted hereunder, agrees that it will maintain throughout the term of the franchise a faithful performance bond running to the City in the penal sum of $100,000 conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of this chapter and any franchise granted hereunder and that in case of any breach of a condition of the bond the amount thereof shall be forfeited to the City as liquidated damages.
E. 
The bond shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled nor the intention not to renew be effective until 30 days after receipt by the City Clerk of the City of Mayville, Wisconsin, by registered mail of a written notice of such intent to cancel or not renew."
F. 
Upon completion of the construction of the physical plant, the grantee may petition the Council to reduce or eliminate this bond of faithful performance.
G. 
In lieu of the performance bond requirements of Subsection D above, the applicant shall maintain a savings account at a local bank with a balance of at least the total amount prepaid by all subscribers for basic service. The applicant shall ensure that such account is restricted such that no withdrawals other than interest may be made without approval of the City.
H. 
The applicant shall have the option of complying with either the requirements of Subsection D or E above but need not comply with both.

§ 174-25 Construction and network technical standards and measurements.

A. 
The technical standards, including measurements of the construction and system to be operated in the City, shall comply with the minimum standards established by the FCC.
B. 
The cable system shall be engineered, installed, maintained, operated and equipped so as to at all times meet the technical standards which are the current state of the art of the cable communications industry.
C. 
The facilities used by the grantee shall be capable of producing and distributing color television signals and shall be distributed in color unless technically unfeasible.
D. 
The cable system shall be engineered and installed with the capacity for two-way communications in accordance with the regulations of the FCC now in effect or which may be promulgated.
E. 
The converters utilized in the cable system shall be capable of delivering 54 television channels.
[Added by Ord. No. 797-94]
F. 
At the option of any individual subscriber, the grantee shall install a switching device upon said subscriber's television receiver whereby said subscriber may disconnect his television receiver from the grantee's cable system in order to receive over-the-air television signals. The price of this device to said subscriber shall be the cost of said device to the grantee or less, at the option of the grantee, and the grantee shall not charge the subscriber any fee for the installation of said device if said device is installed at the time of the initial installation of the basic service. The grantee shall make all reasonable efforts to obtain said device at the lowest possible cost to it.
G. 
At the option of any individual subscriber, the grantee shall provide a device which allows said individual subscriber to utilize a key to disconnect those channels providing additional services to the subscriber, such as pay television channels. The price of said device shall be the cost of said device to the grantee or less, at the option of the grantee, and the grantee shall not charge the subscriber any fee for the installation of said device if said device is installed at the time of initial installation of the basic service. The grantee shall make all reasonable efforts to obtain said devices at the lowest possible cost to it.

§ 174-26 Unauthorized connections or modifications.

A. 
Unauthorized connections prohibited. No person or governmental body or agency shall, without the expressed consent of the grantee, possess or make any connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a franchised broadband telecommunications network.
B. 
Removal or destruction prohibited. No person or governmental body or agency shall willfully interfere with, tamper with, remove, obstruct or damage any part, segment or content of a franchised broadband telecommunications network.
C. 
Violation. Violation of either Subsection A or B above shall result in the violator reimbursing the grantee for losses incurred and a forfeiture as provided in § 174-35 of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 174-27 Sales and servicing of broadcast receivers.

A. 
The grantee may neither directly or indirectly engage in the wholesale or retail sale, servicing or repair of television receivers or antennas nor directly or indirectly require of any subscriber the servicing by any designated television/radio service business.
B. 
The grantee may neither directly nor indirectly engage in installation or repair of distribution systems other than its own within apartments, motels, hotels or other commercial complexes.

§ 174-28 Ownership and operation information.

The grantee shall file annually with the City Clerk, not later than three months after the end of the fiscal year during which it accepted a franchise hereunder and within three months after the end of each subsequent fiscal year, the following supplemental information:
A. 
If a nonpublic corporation, a list of all current shareholders and bondholders both of record and beneficial. If a public corporation, a list of shareholders who individually or as a concerted group hold 5% or more of the voting stock of the corporation.
B. 
A current list of all of the grantee's officers and directors, including addresses and telephone numbers.
C. 
Copies of all pertinent operational agreements or contracts, including pole use agreements, entered into by the grantee during the fiscal year in the conduct of its business under a franchise granted hereunder. Copies of individual subscriber agreements are not to be filed with the City but shall be available upon request by the City.
D. 
The names, addresses and current business and home telephone numbers of the telecommunications network resident manager and engineer. Any changes therein shall be promptly reported.
E. 
One copy of all types of subscriber agreements.
F. 
Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of its business.

§ 174-29 Reports.

A. 
The grantee shall file annually with the City Clerk, not later than three months after the end of the fiscal year during which it accepted a franchise hereunder and within three months after the end of each subsequent fiscal year:
(1) 
A total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year, including an as-built system map to be maintained in the office of the City Engineer.
(2) 
All records regarding complaints required by the FCC and the resolving or result of such complaints.
B. 
The City reserves the right during the life of any franchise granted hereunder to have access at all normal business hours and upon giving reasonable notice, not less than 72 hours, to the grantee's engineering plans, accounting and contracts relating to the same.

§ 174-30 Application for franchise.

Application for a franchise hereunder shall be filed with the City Clerk and shall contain the following information and provisions:
A. 
The name and business address of the applicant, date of application and signature of the applicant or appropriate corporate officer.
B. 
Payment of the filing fee as set forth in § 174-21A of this chapter.
C. 
Bid bond in a form acceptable to the City Attorney.
D. 
A general description of the applicant's proposed operation which shall include a written statement of compliance with the initial service area.
E. 
A statement of the television and radio services proposed, including both off-the-air and locally originated signals.
F. 
A statement setting forth a description of the television channels and programming facilities to be made available for public, municipal and educational usage over and above those channels and programming facilities required to be made available either by the FCC or the provisions of this chapter.
G. 
A statement of the applicant's proposed schedule of charges.
H. 
A statement detailing the corporate organization of the applicant, including the names and addresses of its officers and directors and the division of shares between shareholders.
I. 
A statement describing all intra-company relationships of the applicant, including parent, subsidiary or affiliated companies.
J. 
A statement setting forth all contracts, whether written or oral, existing between the applicant and any other person with respect to any franchise awarded hereunder and the conduct of the operation thereof.
K. 
If the applicant is a corporation, a financial statement for the previous fiscal year together with a board resolution authorizing the obtainment and expenditure of such funds as are required to construct, install and operate the broadband telecommunications network contemplated hereunder and a copy of the most recent annual report.
L. 
Suitable written evidence, accompanied by a projected ten-year operations balance sheet, from a recognized lending or funding agency or agencies, addressed both to the applicant and the City, advising that the applicant's financial ability and planned operation have been analyzed by the agency or agencies and that its lending or funding agency or agencies are prepared to make the required funds available to the applicant if it is awarded a franchise.
M. 
A brief technical description of the type of electronic equipment and coaxial cable proposed for use by the applicant.
N. 
A statement from the applicant's senior technical staff member or consultant advising that he has reviewed the network description, the network technical standards, performance measurements, channels to be provided and service standards and that the applicant's planned network and operations thereof shall meet all the requirements set forth therein.
O. 
A statement as to whether the applicant has applied for or been granted a franchise in any other city, together with the name, address and telephone number of the City Attorney in each such city.
P. 
A statement indicating whether the applicant shall conform to all the provisions of this chapter and a list of exceptions requested, if any.

§ 174-31 Bid bond.

A. 
Each applicant for a franchise hereunder shall submit a bid bond in a form acceptable to the City Attorney or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City, for $10,000.
B. 
Should the applicant fail or refuse to accept a franchise hereunder or fail or refuse to furnish the performance bond within 30 days after written notification of the award of a franchise by the City, such applicant shall be considered to have abandoned the proposal and the City shall enforce the bid bond in accordance with its terms or retain the proceeds of the certified check.

§ 174-32 Acceptance; when effective.

A. 
The grantee acknowledges, by the acceptance of this chapter and the franchise ordinance, that it has carefully read its terms and conditions and it is willing to and does accept all the obligations of such terms and conditions and further agrees that it will not set up as against the City the claim that any provision of this chapter, as adopted, and any franchise granted hereunder is unreasonable, arbitrary, invalid or void.
B. 
The franchise granted pursuant to the terms of this chapter and the rights, privileges and authority granted thereby shall take effect and be in force from and after the date whereby the City, by resolution, grants a franchise to an applicant, provided that within 30 days from the date of such adoption of the resolution, the grantee shall file with the City the following:
(1) 
A notarized statement by the grantee of unconditional acceptance of the franchise.
(2) 
Certificates of insurance required by this chapter.
(3) 
Evidence of compliance with § 174-24 of this chapter.

§ 174-33 (Reserved) [1]

[1]
Editor’s Note: Former § 174-33, Cable Television Commission: administrative review, as amended, was repealed 8-8-2011 by Ord. No. 1032-2011.

§ 174-34 (Reserved) [1]

[1]
Editor’s Note: Former § 174-34, Termination of service and refund to subscribers, was repealed 8-8-2011 by Ord. No. 1033-2011.

§ 174-35 Violations and penalties.

[Added 3-10-2008 by Ord. No. 1006-2008]
Except where otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.