[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.]
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.
This chapter shall be known and may be cited
as the "Mayville Cable Franchise Chapter."
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein:
Service other than service provided by the grantee to the
subscriber on a monthly basis and for which the subscriber pays a
set fee.
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.
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.
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.
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.
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.
The Common Council of the City of Mayville and any legally
appointed or elected successor or agency.
Coded transmission primarily digital in nature.
The Federal Communications Commission and any legally appointed
or elected successor.
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.
Any person to whom a franchise is granted by the Council
hereunder and the lawful successor or assignee of such person.
The provision of notice of contemplated action delivered
at least 72 hours prior to such action.
That geographical area within the City corporate limits.
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.
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.
Transmission primarily analog in nature, including the picture
phase of a television broadcast.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
A.
The rates charged to subscribers shall be fair and
reasonable.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
Editor’s Note: Former § 174-33, Cable Television
Commission: administrative review, as amended, was repealed 8-8-2011
by Ord. No. 1032-2011.
[1]
Editor’s Note: Former § 174-34, Termination
of service and refund to subscribers, was repealed 8-8-2011 by Ord.
No. 1033-2011.
[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.
