[HISTORY: Adopted by the Common Council of the City of Hudson by Ord.
No. 1-81 as Ch. 22 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch. A259.
This chapter shall be known and may be cited as the "Cable Television
Franchise Enabling Ordinance."
For the purpose of this chapter, the following terms, phrases and words
and their derivations shall have the meanings specified herein:
A flow of electricity whose direction of travel is constantly reversing.
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or spectrum space
usage.
Any carrier or entity which owns or controls another carrier or utility
or is in direct or indirect common ownership or control with or is owned or
controlled by another carrier or entity.
An electronic circuit which automatically increases or decreases,
within its design range, the gain of one or more amplifiers in order to maintain
a predetermined output level. It is one method of attaining ALC.
An electronic circuit which automatically increases or decreases
signal to maintain a predetermined value. AGC is one method of achieving ALC.
All revenues received by the grantee in connection with the operation
of the cable television network in the city, and shall include revenues from
all sources. That portion of revenues, including copyright fees and program
and information acquisition charges, for which the grantee, its affiliates
or subsidiaries act only as collection and forwarding agents shall not be
subject to the franchise fee.
An electronic circuit that compensates for differing characteristics
in the cable and in amplifiers as they pass a wide range of channel frequencies
under a variety of outdoor temperature conditions.
That group of signals which offers the subscriber the lowest level
of participation, sometimes known as "first tier service."
The Joint City of Hudson - Village of North Hudson Cable Television
Board.
Any network of cables, microwave and lightwave transmission equipment
and electrical or electronic apparatus, including cable televisions systems,
used for the purpose of transmission of impulses of television, radio, data
and other intelligences, either analog or digital, for sale or use by the
inhabitants of the city. For the purposes of this chapter, "cable television,"
"cable television network," "cable television service" and "cable television
system" shall be understood to have the same meaning as "broadband telecommunications
network" unless the context requires otherwise.
The greatest total number of standard television channels on which
separate programming may be delivered downstream simultaneously to every subscriber
in the network. The network may have additional capacity for either, or both,
downstream and upstream specialized or discreet purposes, provided that the
technical performance specified shall not be materially degraded thereby.
A method of confining the transmission path of multiple television
channels and other broadband telecommunications network services by way of
a coaxial or fiber optic cable for delivery to subscriber terminals.
[Amended by Ord. No. 22-83]
A frequency band six megahertz in width within which a standard television
broadcast signal is delivered to a subscriber terminal (except that Class
III and Class IV cable channels as defined by the Federal Communications Commission
may be either wider or narrower than this standard).
The relationship, within a cable television channel, as measured
at a subscriber terminal, between amplitude and frequency of a constant amplitude
signal that is concurrently being introduced at the head end at all specified
frequencies within each channel.
The City of Hudson, Wisconsin.
A signaling path provided by a cable television system to relay to
subscriber terminals television broadcast programs that are received off the
air or are obtained by lightwave, microwave or satellite or by direct connection
to a television station.
A signaling path provided by a cable television system to deliver
to subscriber terminals television signals that are intended for reception
by a television receiver without the use of any decoding device and which
signals are not involved in a broadcast transmission path.
A signaling path provided by a cable television system to deliver
to subscriber terminals signals that are intended for reception by equipment
other than a television broadcast receiver or by a television broadcast receiver
only when used with decoding equipment.
A signaling path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another point in the cable
television system.
Operation will be considered to have commenced when sufficient distribution
facilities have been installed and the grantee has offered full network services
to at least 25% of the dwelling units.
The Federal Communications Commission.
An electronic device which changes the frequencies or channel numbers
of designated input signals and outputs them at a new frequency or channel
number.
The Common Council of the City of Hudson.
Encoded transmissions primarily digital in nature.
The standard unit for expressing the relative level of a signal in
the network above or below a power corresponding to a root mean square (RMS)
voltage of one millivolt (0.001 volt) across 75 ohms; also the relative level
of coherent and noncoherent interference signals within a channel compared
to the level of the desired signal in that same channel.
An electronic device which restores information on one or more signals
to standard conditions for use by conventional subscriber receivers.
A signaling path provided by a cable television system to transmit
signals of any type to specified subscriber terminals within the cable television
system.
The direction of transmission over the BTN from the head end or hub
or a local distribution center to subscriber terminals.
A broadband telecommunications network design that includes duplication
of all trunk lines, distribution cables and associated electronic equipment
required to deliver cable television channels to subscriber terminals.
All charges imposed for a franchise, including one-time reimbursement
of costs incurred by the city in the award of the franchise.
All basic service, tiers of services and additional services offered
by the grantee.
Coaxial Associates of St. Croix Limited Partnership and all persons
having any rights, duties or obligations under the franchise.
[Amended by Ord. No. 3-87]
The land, electronic processing equipment, antennas, tower, building
and other appurtenances located at the starting point of a broadband telecommunications
network.
A BTN design wherein all downstream transmission paths originate
from a single location and all upstream transmission paths return to this
same location.
Offering the capability of generating, acquiring, storing, transforming,
retrieving or utilizing information which may be conveyed via telecommunications.
The use of electromagnetic radiation wavelengths shorter than radio
waves, usually in the infrared or visible region but shall include ultraviolet
wavelengths, for the purpose of transmitting information such as audio, data
and television.
A subscriber option allowing the subscriber to subscribe to less
than full network service.
A facility remote from but connected to the hub which distributes
signals from the hub to a specified area in the BTN.
Those frequencies in the portion of the UHF (ultra high frequency)
band above one billion cycles per second (one gigahertz) and all of the SHF
(super high frequency) band which range from three to 30 gigahertz, in addition
to the EHF (extremely high frequency) band from 30 to 300 gigahertz.
A BTN design wherein multiple hubs are used to distribute BTN signals
to subscribers and where the hubs are all connected to one or more head ends
by coaxial cable, lightwave or microwave communication paths.
That combination of undesired and fluctuating disturbances which
degrade the reproduction of the desired signals and which are due to modulation
processes, nonlinear functions and thermal and other noise-producing effects.
Network noise is specified in terms of its RMS voltage or its mean power level
relative to each standard cable television channel.
The document entitled "Cable Communications Franchise Proposal" submitted
by the grantee in connection with the application for an award of a cable
television franchise provided for herein and that certain document dated August
29, 1986, entitled "Request For Information" and related written information
and documentation in response to the request for information signed by the
grantee, which documents are on file with the City Clerk of the City of Hudson.
[Amended by Ord. No. 3-87]
An individual, partnership, association, joint-stock company, trust
or corporation.
Messenger strand as measured from pole to pole without taking into
consideration sag or downguys and, for buried plant, actual trench feet.
The reoffering, with or without adding value, by any person for a
profit of any telecommunications service obtained from a carrier.
The effective value of an alternating current or voltage waveform
which would be numerically equal in energy to a constant direct current or
voltage.
The geographical area within the corporate limits of the city, including
areas which the city may annex.
All streets, highways, alleys, sidewalks, easements or other public
ways in the city which have been or may hereafter be dedicated and open to
public use.
The land, electronic processing equipment, towers, building, cameras,
lights and other appurtenances normally associated with and located at the
grantee's local origination and/or public access points of a broadband
telecommunications network, excluding the head end.
Any person receiving basic service, limited service or additional
service from the grantee under the schedule of charges filed with and approved
by the city.
The broadband telecommunications network's 75 ohm cable terminal
to which the subscriber's equipment is connected.
The system will be considered substantially completed when sufficient
distribution facilities have been installed so as to permit the offering of
full network service to at least 90% of the dwelling units in the service
area to which access is legally and reasonably available.
The transfer of information by means of electromagnetic or optical
transmission in either the downstream or the upstream direction through any
portion of the BTN.
The attenuation, at any subscriber terminal, between that terminal
and the nearest system source of signals to any other subscriber.
A group of signals, such as television channel and/or FM band signals,
for which a specific monthly charge is made. "Basic service" and "first tier
service" are sometimes used interchangeably. An additional tier of channels
will usually require the use of a converter connected between the subscriber
terminal and the television set or a coaxial switch to select signals from
one of a total of two or more cables.
The direction of transmission over the BTN from a subscriber terminal
toward the network's head end, hub or local distribution center.
Transmission primarily analog in nature, including the picture components
of a television broadcast.
The Village of North Hudson.
The RMS voltage produced by the visual signal during the transmission
of synchronizing pulses.
A.
Establishment of Board.
[Amended by Ord. No. 22-83]
(1)
Under the authority of W.S.A. s. 66.30, relating to intergovernmental
cooperation, the city is hereby authorized to enter into an agreement with
the Village of North Hudson to provide for a Joint City of Hudson - Village
of North Hudson Cable Television Board to exercise the powers and duties hereafter
described. Until amended or otherwise superseded, the City of Hudson - Village
of North Hudson Agreement dated August 8, 1981 (the "joint agreement"), shall
constitute the initial Joint Board.
(2)
The City Clerk shall receive and distribute communications,
including subscriber complaints, to the Board and shall provide the Board
with office support, including secretarial assistance. The City Clerk's
office shall be reimbursed for expenses incurred in providing services, and
such reimbursement shall be from revenues received from franchise fees.
B.
Powers and duties of Board.
[Amended by Ord. No. 22-83]
(1)
In addition to the powers set forth in § 114-12 and in addition to any powers set forth in any joint agreement as amended, the Board shall have the power to:
(a)
Resolve disputes or disagreements between subscribers
and the grantee.
(c)
Work with the public and the media to assure that all
records, rules and charges pertinent to the cable television system in the
city are made available for inspection at reasonable hours upon reasonable
notice.
(d)
Confer with the grantee and advise on the interconnection
of the city's cable system with other cable and communications systems
via direct connection, microwave, lightwave or satellite.
(f)
Initiate inquiries, receive requests for review of rates
charged by the grantee and provide recommendation on such actions to the Council
or the Village Board.
(g)
Establish and administer sanctions as authorized by the
Council or Village Board to ensure compliance with this chapter.
(h)
Perform such other duties as the Common Council or Village
Board may assign to the Cable Television Board.
(2)
The findings and decisions of the Board shall be final,
subject to written appeal to the respective Common Council or Village Board,
which decision shall be final. The grantee shall have the right to appeal
such decision to a court of competent jurisdiction.
D.
Weight of Board recommendations. The Common Council shall
accept and approve the recommendations of the Board unless it finds that such
recommendations are against the clear and convincing weight of the evidence
presented. Such recommendations can be denied or approved by majority vote
of the Common Council.
[Added by Ord. No. 22-83]
A.
Establishment of Office of Cable Television. There is
hereby created an Office of Cable Television within the City Clerk's
office for the purpose of exercising the city's continuing jurisdiction
over any franchise granted the city.
B.
Cable Television Officer. One city employee shall be assigned the responsibilities in Subsection C and shall be known as the "Cable Television Officer."
C.
Responsibilities of Cable Television Officer. The Cable
Television Officer shall be charged with the following:
(1)
To receive and investigate complaints or disputes between
subscribers and the grantee.
(2)
After investigation of complaints or disputes, to submit
written reports to the Joint Board for the issuance of findings or the scheduling
of a hearing as provided by this chapter.
(3)
To review and audit reports, records and communications
submitted to the city and village and review grantee regulatory compliance
provisions of this chapter.
(4)
To work with the media and public to assure that all
rates, charges and rules relating to the operation of the cable television
system in the city and the village are made available for inspection by the
public.
(5)
To confer with the grantee and coordinate the interconnections
of the city and the village cable television systems with other similar networks
and systems.
(6)
To attend all meetings of the Joint Cable Television
Board.
(7)
To perform such other duties as the Common Council and
Village Board and the Joint Cable Television Board may assign to the Cable
Television Officer in order to facilitate the functions of the Cable Television
Office and the Joint Cable Television Board.
D.
Relationship to city departments. All departments of
the city shall cooperate with the Cable Television Officer.
(1)
All city departments shall make available all such information
relating to the cable television system as may be required by the Cable Television
Officer.
(2)
The Cable Television Officer shall keep the city department
heads informed on matters pertaining to the cable television system which
affect or appear likely to affect their operation.
(3)
The City Attorney shall provide legal counsel to the
Cable Television Officer and to the Joint Cable Television Board.
A.
Franchise required. No person shall construct, install,
maintain or operate within any public street in the city or within any other
public property of the city any equipment or facilities for the distribution
of television or radio signals or other intelligences, either analog or digital,
over a cable television system or broadband telecommunications network to
any subscriber unless a franchise authorizing the use of the streets or properties
or areas has first been obtained pursuant to the provisions of this chapter
and unless such franchise is in full force and effect.
B.
Review of qualifications. Specific permission to operate
a cable television system and broadband telecommunications network under the
provisions of this chapter may be granted by the Common Council to any grantee
after a review of the legal, character, financial and technical qualifications
and the feasibility of the grantee's construction arrangements.
C.
Duration of franchise. The franchise shall resume and continue in full force until expiration on December 1, 1999, unless sooner extended or renewed. The grantor shall have the right to purchase the Cable Television/Broadband Telecommunications Network as set forth in §§ 114-8H and 114-11D herein during this term.
[Amended by Ord. No. 17-98; Ord. No. 18-99; Ord.
No. 20-99]
D.
Quinquennial franchise review.
(1)
On or about the fifth and tenth anniversaries of the
effective date of the franchise, the Joint Cable Television Board shall schedule
a public meeting or meetings with the grantee to review the franchise performances,
plans and prospects. The Joint Cable Television Board may require the grantee
to make available specified records, documents, surveys and other information
for this purpose and will compare the level and variety of services offered
at that time in Hudson to those being generally offered at that time by franchised
systems in comparable market situations.
(2)
The Joint City of Hudson - Village of North Hudson Cable
Television Board shall first negotiate with the grantee regarding modifications
in the franchise which might impose additional obligations on the grantee,
and the grantee may, in turn, seek to negotiate relaxations in any requirements
previously imposed on it which are subsequently shown to be impractical.
[Amended by Ord. No. 22-83]
(3)
Within 30 days after the conclusions of such negotiations, the city, upon recommendation of the Joint City of Hudson - Village of North Hudson Cable Television Board, may direct the grantee to show cause why specified terms and conditions should not be incorporated into the franchise, and the grantee may similarly file with the city a written request that specified obligations of its franchise be removed or relaxed. Implementations of such requests shall correspond as nearly as possible with the procedures set forth in § 114-12C. The Common Council will order changes in the franchised rights and obligations of the grantee only if it finds from all available evidence that such changes will not impair the economic viability of the system or the grantee's fair rate of return on its investment or degrade the performance or the attractiveness of the system's service to present and potential subscribers.
[Amended by Ord. No. 22-83]
E.
Renewal or extension of franchise prior to expiration.
[Amended by Ord. No. 22-83]
(1)
Public meeting to be scheduled. The city may renew or
extend the franchise at any time upon application by the grantee. At least
24 months prior to the expiration of the franchise, the Joint City of Hudson
- Village of North Hudson Cable Television Board shall schedule a public meeting
with the grantee to review the performance of the grantee. The Board may require
the grantee to make available specified records, documents, surveys and other
information for this purpose, and the Board shall compare the level of services
offered in Hudson and North Hudson at that time to those being generally offered
by franchise systems in comparable market areas. The Board shall present its
written findings and recommendations to the Common Council and Village Board.
(2)
Determination of reissue. The Council, within 30 days after the receipt of the Board's recommendation and after public hearing, shall make a determination as to whether the franchise will be reissued. Nothing in this section shall be construed to require such renewal or extension. If the city determines not to reissue the franchise for reasons other than a material breach of the franchise, it shall be so stated for purposes of § 114-11D.
F.
Special evaluation session. The Board shall have the right to schedule a special evaluation session upon a showing of reasonable cause during the period of the franchise pursuant to the procedures of Subsection D. The expenses for such special evaluation session shall be paid out of the franchise fee, unless such evaluation establishes noncompliance by the grantee with the terms of the franchise.
[Added by Ord. No. 22-83]
A.
Franchise nonexclusive. Any franchise granted hereunder
by the city shall not be exclusive and the city reserves the right to grant
a similar franchise to any person at any time.
B.
Franchise amendable.
(1)
The scope of any franchise granted hereunder shall be
deemed amendable from time to time to allow the grantee to innovate and implement
new services and developments; provided, however, that no such services or
developments shall be implemented without the express approval of the Common
Council, which shall not unreasonably be withheld.
[Amended by Ord. No. 22-83]
(2)
The city shall first confer with the grantee regarding
amendments which might impose additional obligations on the grantee and to
determine the financial impact to subscribers of each proposed amendment according
to the city's own determination as well as from grantee-supplied data.
(3)
Within 30 days of the conclusion of the city's determination
of such financial impact, the city shall publish a notice of a public hearing
on the amendment(s) and the subscriber rate adjustments, if any, proposed
by the city. Such hearing shall be held 30 days after publication of notice.
(4)
The Common Council will order the amendments to be incorporated
into the franchise only with the express written consent of the grantee holding
a franchise at the time of amendment and only if it finds from all available
evidence that such changes will not impair the economic viability of the system
or degrade the attractiveness of the system's service to present and
potential subscribers.
[Amended by Ord. No. 22-83]
C.
Privileges must be specified. No privilege or exemption
shall be inferred from the granting of any franchise unless it is specifically
prescribed. Nothing in this chapter shall be deemed to require the granting
of a franchise when, in the opinion of the Council, it would not be in the
public interest to do so.
D.
Authority granted. Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under streets, as defined in § 114-2 herein, 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 and cable television network, subject to the requirements of § 114-26 of this chapter.
E.
Consent prior to transfer of franchise. Any franchise
granted hereunder cannot be sold, transferred, leased, assigned or disposed
of, in whole or in part, either by forced or voluntary sale, merger, consolidation,
trust, receivership or any other means without prior consent of the city as
expressed by a Common Council resolution. Such consent shall not be withheld
by the city without showing of reasonable cause. Notwithstanding the foregoing,
the grantee of any franchise granted hereunder shall be prohibited from selling
or transferring the franchise prior to substantial completion of the system.
[Amended by Ord. No. 22-83]
F.
Consent prior to change of control. Prior approval of
the Common Council shall be required where ownership or control of more than
20% of the voting stock of the grantee is acquired by a person or group of
persons acting in concert, none of whom already owns or controls 20% or more
of such right of control, singly or collectively. Transfer from a subsidiary
to a parent corporation or vice versa shall not be considered as a change
of control. Prior approval of the Common Council shall also be required for
all changes in ownership or control by a person or group of persons acting
in concert who already own or control 20% or more of such right of control,
singly or collectively. Such consent shall not be withheld by the Common Council
without showing of reasonable cause.
[Amended by Ord. No. 22-83]
G.
Mortgage or pledge of network. Nothing in this chapter
shall be deemed to prohibit the mortgage or the pledge of the network or any
part thereof. However, any such mortgage or pledge shall be subject to the
right of the city under this franchise or applicable laws.
[Amended by Ord. No. 22-83]
H.
Previous rights abandoned. A franchise granted hereunder
shall be in lieu of any and all rights, privileges, powers, immunities and
authorities owned, possessed, controlled or exercisable by a grantee or any
successor pertaining to the construction, operation or maintenance of a cable
television/broadband telecommunications network in the city. The acceptance
of a franchise shall operate, as between the grantee and the city, as an abandonment
of any and all of such rights, privileges, powers, immunities and authorities
within the city. All construction, operation and maintenance by the grantee
of any cable television/broadband telecommunications network in the city shall
be under the franchise and not under any other right, privilege, power, immunity
or authority.
I.
Subject to other regulatory agencies' rules and
regulations. The grantee shall, at all times during the life of any franchise
granted hereunder, be subject to all lawful exercise of the police power of
the city and other duly authorized regulatory state and federal bodies and
shall comply with any and all ordinances which the city has adopted or shall
adopt applying to the public generally and other grantees.
J.
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 Federal Communications Commission, contravenes
or preempts provisions of this chapter, the provisions hereof shall be superseded
by any such valid law, rule or regulation to the extent and for only the exact
duration of time that the provisions hereof are in conflict and contrary to
any such law, rules or regulation.
K.
Pole use agreements required. Any franchise granted hereunder
shall not relieve the grantee of any obligation involved in obtaining pole
use or conduit use agreements from the gas, electric and telephone companies
or others maintaining poles or conduits in the streets of the city whenever
the grantee finds it necessary to make use of such poles or conduits.
L.
No right of property. Anything contained herein to the
contrary notwithstanding, the award of any franchise hereunder shall not impart
to the grantee any right of property in or on city-owned property.
M.
Franchise binding. Anything contained herein to the contrary
notwithstanding, all provisions of this chapter and any franchise granted
hereto shall be binding upon the grantee, its successors, lessees or assignees.
A.
Operations to be in accordance with rules. The grantee
shall maintain and operate its cable television/broadband telecommunications
network in accordance with the rules and regulations of the Federal Communications
Commission, state and city.
B.
Interruption of service; notification. The grantee, whenever
it is necessary to interrupt service for the purpose of network maintenance,
alteration or repair, shall do so at such times as will cause the least amount
of inconvenience to the subscribers and, unless such interruption is unforeseen,
shall give reasonable notice to the affected subscribers.
C.
Studios, office and phone for complaints. The grantee
shall maintain an office and shall establish a production studio and public
access production facilities within the city or village which shall be open
during all normal business hours. The grantee shall have a listed local telephone
number so that complaints and requests for repairs and services may be received
during normal business hours.
[Amended by Ord. No. 22-83]
D.
Service records maintained. The grantee shall maintain
a list of all complaints and interruptions of service experienced during the
term of the franchise. The records maintained shall include complaint response
time and service restoral period and shall be open to inspection or audit
by any duly authorized representative of the city.
E.
Grantee rules and regulations. 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 hereunder.
(1)
Rules to be in conformance with other regulations. None of such rules, regulations, terms and conditions promulgated under this Subsection E shall be in conflict with the provisions hereof or the laws of the state or the rules and regulations of the Federal Communications Commission or any rules and regulations promulgated by the city in the exercise of its regulatory authority granted hereunder.
(2)
All rules to be filed with city. Two copies of all rules, regulations, terms and conditions promulgated under this Subsection E, together with any amendments, additions or deletions thereto, shall be kept currently on file with the City Clerk, and another copy thereof shall be maintained for public inspection during normal business hours at the grantee's office in the city or village. No rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take effect unless so filed and maintained.
F.
Subscribers' antennas. Neither the grantee nor any
person employed by the grantee shall require the removal of or offer to remove
or provide any inducements for removal of any potential or existing subscriber's
antenna as a condition of provision of service.
G.
Sale or service of television receivers. Neither the
grantee during the period of the franchise nor any of its affiliated, subsidiary
or parent organizations, officers or directors or stockholders holding 5%
or more of outstanding stock of the grantee shall, within the corporate limits
of the city or within 10 miles in any direction, directly or indirectly, engage
in the retail sale, renting, leasing or repairing of radio or television receivers,
nor shall they require any subscriber to utilize the services or any specific
television/radio service business for the repair or maintenance of the subscriber's
receivers, either radio or television. Nothing in this subsection shall be
deemed to prevent the grantee from repairing his own television monitors,
test sets, video recorder/playback equipment, cameras and other cablecasting
equipment, nor shall this subsection be construed to prevent the grantee from
leasing and maintaining security equipment, such as decoders and decoder/converters,
to subscribers who sign up for the extra pay cable services and any extra
charge tiers of cable channels.
[Amended by Ord. No. 22-83]
H.
Tenants' access. The owner or manager of rental
property, whether an entire house or portion thereof, an apartment building,
nursing or retirement home, condominium, hospital, mobile home park or any
other multiple-dwelling facility, may require the grantee to agree to pay
the property owner for any damages caused by the installation, operation or
removal of cables and associated distribution equipment.
[Amended by Ord. No. 22-83]
I.
Owner notification. The grantee shall notify the owner
or manager of rental property and all entryway-listed occupants of its intent
to install cables to provide service to one or more occupants and shall arrange
to effectuate the installation in such a manner and during such hours as to
minimize any disturbance to tenants and to the safety, appearance and functioning
of the premises.
J.
Subscriber protection. No property owner, manager, lessee,
tenant or other person may request or accept payment in any form for permitting
cable system access to his or her property or premises or discriminate in
rental charges, conditions or otherwise between tenants who subscribe to cable
services and those who do not.
A.
Right of amendment. The city and grantee, by mutual written
consent, may, from time to time, add to, modify or delete provisions of this
chapter as they shall deem necessary.
[Amended by Ord. No. 22-83]
B.
No impairment of city's rights. Nothing herein shall
be deemed or construed to impair or affect in any way, to any extent, the
right of the city to acquire the property of the grantee through the exercise
of the right of eminent domain, at a fair and just value, and nothing shall
be construed to contract away or to modify or abridge, either for a term or
in perpetuity, the city's right to eminent domain. Notwithstanding the
foregoing, this provision shall not be construed in any manner to give the
city the right or option to purchase the franchise or system during the term
of the franchise.
[Amended by Ord. No. 22-83]
C.
Grantee agrees to city's rights. The city reserves
every right and power which is required to be reserved or provided by an ordinance
of the city, and the grantee, by its acceptance of the franchise, agrees to
be bound thereby and to comply with any action or requirements of the city
in its exercise of such powers which have been or will be enacted or established.
D.
City's right of intervention. The city shall have
the right to intervene as provided by law.
[Amended by Ord. No. 22-83]
E.
Powers of the city. Neither the granting of any franchise
nor any provision governing the franchise shall constitute a waiver or bar
to the exercise of any governmental right or power of the city.
[Amended by Ord. No. 22-83]
F.
City's transfer of functions. Any right or power
in or duty imposed upon any elected official, officer, employee, department
or board of the city shall be subject to transfer by the city to any other
elected official, officer, employee department or board.
G.
City's right of inspection. The city reserves the
right, during the life of any franchise granted hereunder, to inspect and
supervise all construction and installation work performed subject to the
provisions of this chapter and to perform network measurements to ensure compliance
with the terms of this chapter.
H.
City's right of acquisition. Upon expiration of the franchise or revocation or termination as provided by law or upon receipt of application for approval of an assignment of the franchise or upon change of de facto control, the city shall have a right to purchase the cable television/broadband telecommunications network as set forth in § 114-11D, except for equipment or plant of the network whose ownership is shared by cable companies other than the grantee.
[Amended by Ord. No. 22-83]
I.
City's right of network installation. The city reserves
the right, during the life of any franchise granted hereunder, to install
and maintain, free of charge, upon the poles or in the conduits of the grantee
any wire and pole fixtures necessary for municipal networks for governmental
purposes only on the condition that such installation and the maintenance
thereof do not interfere with the operation of the grantee.
[Amended by Ord. No. 22-83]
Applications for a franchise to serve the village and the city shall
be filed with the City Clerk's office and shall contain the following
written information and provisions:
A.
Form fee. Each applicant shall pay a nonrefundable form
fee to the Board of $300, which shall be payable when the applicant requests
the necessary application forms.
B.
Name and address of applicant. The name and business
address of the applicant, telephone number, date of application and signature
of the applicant or appropriate corporate officer(s).
C.
Description of proposed operation. A general description
of the applicant's proposed operation, including but not limited to business
hours, operating staff, maintenance beyond that required in this chapter,
management and marketing staff complement and procedures and rules of operation
for public access.
D.
Signal carriage. A statement of the television and radio
services to be provided, including off-the-air, interconnect, microwave relay,
satellite relay pay television programming and locally originated signals;
the proposed division of these channels into limited service, basic service
and additional services; and which will be contained in each of the tiers
or groups of services to be provided.
E.
Special services. A statement setting forth a description
of the automated and/or microprocessor services proposed, as well as a description
of two-way or upstream services proposed and a description of production facilities
to be made available by the grantee for the public and educational access
channels required to be made available by provisions of this chapter and/or
the Federal Communications Commission.
F.
Programming assistance. A statement establishing any
voluntary additional funding, facilities, equipment or personnel beyond those
required elsewhere to be designated to effect and promote local programming
development. It is understood that the foregoing will be made available to
all on a fair and nondiscriminatory basis and may be used by the grantee as
well. Such funding and services will be contingent upon a special showing,
where required, that the proposed uses are consistent with the cable television
regulatory program of the Federal Communications Commission.
G.
Schedule of charges. A statement of the applicant's proposed schedule of charges as set forth by § 114-17 hereunder.
H.
Corporate organization. A statement detailing the corporate
organization of the applicant, if any, including the names, addresses and
telephone numbers of its officers and directors and the number of shares held
by each officer and director.
I.
Stockholders. A statement identifying the number of authorized
and outstanding shares of the applicant's stock, including a current
list of the names, current addresses and phone numbers of each of its shareholders
holding 5% or more of the applicant's outstanding stock.
J.
Intracompany relationships. A statement describing all
intracompany relationships of the applicant, including parent, subsidiary
or affiliated companies.
K.
Agreements and understandings. A statement setting forth
all agreements and understandings, whether written or oral, existing between
the applicant and any other person, firm, group or corporation with respect
to any franchise awarded hereunder and the conduct of the operation thereof
existing at the time of the proposal submittal.
L.
Financial statement. If the applicant is an operating
business or recently formed subsidiary of an operating business, audited financial
statements for the two previous fiscal years of the business or parent organization,
as applicable. If the applicant is a business with less than two years'
operation, it shall submit a Dunn and Bradstreet Report. If the applicant
is a sole proprietorship, is shall submit copies of the United States individual
income tax return (IRS Form 1040) for the two previous fiscal years, along
with a notarized statement detailing assets, liabilities and net worth of
the applicant.
M.
Financial projection. A ten-year operations pro forma
which shall include the initial and continuing plant investment, annual profit
and loss statements detailing income and expenses, annual balance sheets and
annual levels of subscriber penetration. Costs and revenues anticipated, if
any, for voluntary services shall, if presented, be incorporated in the pro
forma as required in this chapter but shall be separately identified in the
pro forma.
N.
Financial support. Suitable written evidence from a recognized
financing institution, addressed both to the applicant and to the city, advising
that the applicant's financial ability and planned operation have been
analyzed by the institution and that the financing institution is prepared
to make the required funds available to the applicant if it is awarded a franchise.
If the planned operation is to be internally financed, a Board resolution
shall be supplied authorizing the obtainment and expenditure of such funds
as are required to construct, install and operate the cable television/broadband
telecommunications network contemplated hereunder.
O.
Technical description. A technical description of the
type of system proposed by the applicant, including but not limited to system
configuration (i.e., hub, dual cable, shadow cable and trunk amplifier spacing),
system channel capacity and two-way capability.
P.
Technical statement. A statement from the applicant's
senior technical staff member or consultant advising that the applicant's
planned network and operations meet the requirements of this chapter and the
technical standards and requirements of the Federal Communications Commission.
Q.
Existing franchises. A statement of existing franchises
held by the applicant, indicating when the franchises were issued and when
the systems were constructed and the present state and the system in each
governmental unit, together with the name and address and phone number of
a responsible governmental official knowledgeable of the applicant and of
the system performance in each such case.
R.
Convictions. A statement as to whether the applicant
or any of its officers or holders of 5% or more of its voting stock has in
the past 10 years been convicted of or has charges pending for any crime,
other than a routine traffic offense, and the disposition of each such case.
S.
Operating experience. A statement detailing the prior
cable television experience of the applicant, including that of the applicant's
officers, management and staff to be associated with the proposed operation
in Hudson.
T.
Extension policy. A statement detailing the applicant's
proposed policy relating to the extension of subscriber services to areas
not initially served and to areas subsequently annexed by the city.
U.
Franchise renewal information. When an application is for renewal of a franchise, the proposal must include, in addition to the information required in Subsections A through T above:
(1)
A summary of the technical, financial and programming
history of the network since the granting of the original franchise.
(2)
A statement of timetable that outlines all proposed changes,
expansion or improvements in the system as to services, programming or technical
specifications during the forthcoming five-year period.
V.
Additional requirements. The application for a franchise shall respond specifically, and in sequence, to Subsections A through T of this section, and the above responses shall be bound separately from any additional information preferred by the applicant. Twenty-five copies of the application shall be supplied to the city. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application but must be separately bound and submitted in the above number of copies. The city may, at its discretion, consider such additional information as part of the application.
W.
Supplementation to application. The city reserves the
right to require such supplementary, additional or other information that
the city deems reasonably necessary for its determinations. Such modifications,
deletions, additions or amendments to the application shall be considered
only if specifically requested by the city.
A.
[Amended by Ord. No. 11-83; Ord. No. 22-83]
Franchise acceptance procedures. Any franchise awarded hereunder and the rights,
privileges and authority granted thereby shall be effective upon acceptance
by the designated grantee within 30 days of the award of franchise by the
city, provided that within 30 days from the date of such award the grantee
shall file with the city the following:
(1)
A notarized statement of unconditional acceptance of
the franchise by the grantee.
(3)
A performance bond in the sum of $50,000 as set forth in § 114-16, conditioned upon the faithful performance of the franchisee. After the system has been operational for one year, this performance bond may be reduced, upon approval by the Common Council and the Village Board, to $5,000.
(4)
Reimbursement to the city for all costs attributable to the franchise awarding process as set forth in § 114-14B herein, which shall include the costs of preparation and publication of this chapter.
(5)
Written notification of the grantee's location,
address and telephone number for mail, official notifications and other communications
from the city.
(6)
Payment of security fund as provided herein.
B.
Forfeiture of proposal bond. Should the grantee fail to fully comply with all of Subsection A above, it shall acquire no rights, privileges or authority under this chapter whatever, and the amount of the proposal bond or certified check in lieu thereof submitted with its application shall be forfeited in full to the city and the village as liquidated damages.
C.
Grantee to have no recourse. The grantee shall have no
recourse whatsoever against the city for any loss, cost, expense or damage
arising out of any provision or requirement of this chapter or its regulation
or from the city's exercise of its authority to grant additional franchises
hereunder. This shall not include negligent acts of the city, its agents or
employees which are performed outside the regulatory and franchise awarding
authority hereunder.
D.
Acceptance of power and authority of city. The grantee
expressly acknowledges that, in accepting any franchise awarded hereunder,
it has relied upon its own investigation and understanding of the power and
authority of the city to grant this franchise.
E.
Inducements not offered. The grantee, by acceptance of
any franchise awarded hereunder, acknowledges that it has not been induced
to enter into this franchise by any understanding or promise or other statement,
whether verbal or written, by or on behalf of the city concerning any term
or condition of this franchise that is not included in this chapter.
F.
Grantee accepts terms of franchise. The grantee acknowledges
by the acceptance of this chapter and the franchise ordinance that it is willing
to and does accept all the obligations of such terms and conditions and further
agrees that it will not, prior to substantial completion of the system, set
up as against the city the claim that any provision of this chapter, as adopted,
and any franchise granted hereunder is unreasonable, ambiguous, arbitrary,
impractical, invalid, void or in nonconformity with any other provision herein.
G.
Incorporation of proposals. The grantee, by the acceptance
of any franchise awarded hereunder, agrees that the matters contained in the
grantee's offering shall be incorporated into the franchise as though
set out verbatim and shall be enforceable by the city except during such exact
period of time, if any, as these matters were determined to be inconsistent
with the Federal Communications Commission's rules and regulations or
other superior federal or state laws; provided, however, that if any term
of the offering is inconsistent or contrary to any term of this chapter, this
chapter shall prevail.
[Amended by Ord. No. 22-83]
A.
Grounds for revocation. The city reserves the right to
revoke any franchise and rescind all rights and privileges associated with
the franchise in the following circumstances:
(1)
If the grantee should default in the performance of any
of its material obligations under the franchise and fails to cure the material
default within 30 days after receipt of written notice of the default from
the city.
[Amended by Ord. No. 22-83]
(3)
If a petition if filed by or against the grantee under
the Bankruptcy Act or any other insolvency or creditor's rights law,
state or federal, and the grantee shall fail to have it dismissed within a
reasonable time, not exceeding six months.
(4)
If a receiver, trustee or liquidator of the grantee is
applied for or appointed for all or part of its assets.
(5)
If the grantee makes an assignment for the benefit of
creditors.
(6)
If the grantee should violate any material order or ruling
of any regulatory body having jurisdiction over the grantee, unless the grantee
is lawfully contesting the legality or applicability of such order or ruling.
(7)
If the grantee fails to receive any necessary Federal
Communications Commission or state registration or certification, unless such
cause is directly attributable to an action or condition imposed by the city.
B.
Procedure prior to revocation. Upon the occurrence of any of the events enumerated in Subsection A of this section, the Council may hold a hearing after 30 days' written notice to the grantee citing the reasons alleged to constitute cause for revocation and set a reasonable time within which the grantee must remedy the cause. If, during the thirty-day period, the cause shall be cured to the satisfaction of the city, the city may declare the notice to be null an void. If the grantee fails to remedy the cause within the time specified, the Council may revoke the franchise or impose one or more lesser sanctions as in Subsection A to better serve the public interest. In any event, the grantee shall be provided with an opportunity to be heard before the Council prior to having its franchise terminated or lesser sanctions applied.
C.
Purchase of the system by city. If the city determines
not to renew the franchise for reasons other than a material breach of the
franchise or reasons unrelated to the performance of the grantee or upon receipt
of an application for assignment of the franchise or upon change of de facto
control, the grantee shall first offer the cable television/broadband telecommunications
network for sale to the city at a fair and just market value, which value
shall include the value of the system as an operating business possessing
the franchise itself and the appendant rights and privileges granted by the
city. Such sale shall not include any equipment or plant of the network which
is used or shared by cable television companies other than the grantee.
[Amended by Ord. No. 22-83]
D.
Restoration of property. In removing its aboveground plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee's removal of its aboveground equipment and appurtenances without adversely affecting the electric or telephone cables, wires or attachments or the cables and appurtenances of any other cable television/broadband telecommunications network franchise holder. The city shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insurance and indemnity provided in § 114-15 and the performance bond in § 114-16 shall continue in full force and effect during the period of removal.
[Amended by Ord. No. 22-83]
E.
Restoration by city; reimbursement of costs. In the event of a failure by the grantee to complete any work required by Subsection D above or any work required by the city law or ordinance within the time established and to the satisfaction of the city, the city may cause such work to be done, and the grantee shall reimburse the costs thereof to the city within 30 days after receipt of an itemized list of such costs, or the city may recover such costs as provided in § 114-16B.
F.
Expiration; extended operation. The city may, by resolution
on its own motion or request of the grantee, require the grantee to operate
the franchise for a period of time not to exceed six months beyond the expiration
of the original franchise or any extensions thereof. The city shall serve
written notice at the grantee's business office of intent to extend under
this section at least 30 days prior to the expiration date. All provisions
of this chapter shall continue to apply to operations during an extension
period.
A.
Continuing regulatory jurisdiction. The city shall have
continuing regulatory jurisdiction and supervision over the operation of any
franchise granted hereunder and may, from time to time, adopt such reasonable
rules and regulations as it may deem necessary for the conduct of the business
contemplated thereunder.
B.
[Amended by Ord. No. 22-83] Cable Television Regulatory
Board. The continuing regulatory jurisdiction of the city shall be exercised
by the Cable Television Officer and through the Joint Cable Television Board
established under § 114-3. The Common Council shall accept and approve
the recommendation of the Board on all matters, unless such recommendation
is against the clear and convincing weight of the evidence presented. The
Board shall:
(2)
Allocate funds it deems necessary to assist production
and programming on the access channels.
(3)
Recommend to the Council any changes in this chapter
and franchise the Board deems to be in the public interest and detail the
improvement(s) in service that subscribers could expect and the reasons why
each such improvement would occur if the change were adopted and also the
monetary impact on each subscriber, if any, of each recommended change.
C.
Regulatory procedures.
(1)
The Joint Cable Television Board established under § 114-3 shall first consider any inquiry or proceedings requiring Council action to be taken in regard to the cable television broadband telecommunications network or franchise, whether upon application or request by the grantee or any other party or on its own motion, and shall submit such consideration, together with the Board's recommendation, to the Council within 60 days of the receipt of such request, unless such time shall be extended by agreement between the Board and the requesting party. Any action by the Council on any Board recommendation shall be taken only after 30 days' notice of such proposed action, inquiry or proceeding is published in the official newspaper having general circulation and a copy of such notice is served upon the grantee. The grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at the proceeding or hearing. However, such hearing or proceeding shall be set no later than 90 days after notice to the grantee, and the Council shall act upon this proceeding within 180 days of the notice of hearing, unless such time is extended by agreement between the city and the grantee.
(2)
The public notice required by this section shall state
clearly the action or proposed action to be taken, the time provided for response,
including response by the public, the person or persons in authority to whom
such response shall be addressed and such other procedures as may be specified
by the Council.
D.
Failure to enforce provisions. The grantee shall not
be excused from complying with any of the terms and conditions of the franchise
by any failure of the city, upon one or more occasions, to insist upon or
seek compliance with any such terms or conditions.
E.
Contravention of provisions. The cost of any successful
litigation incurred by the city to enforce the provisions of this chapter
or of the franchise ordinance or in relation to a franchise shall be reimbursed
to the city by the grantee. Such costs shall include filing fees, costs of
depositions, discovery and expert witnesses, all other expenses of suit and
attorney's fees.
A.
[Amended by Ord. No. 22-83] Annual financial reports
required. The grantee shall file annually with the City Clerk, not later than
four months after the end of the grantee's fiscal year in which it commenced
operations and within four months after the end of each subsequent fiscal
year, four copies of:
(1)
The report to the grantee's stockholders.
(2)
An income statement identifying revenues, expenses and
income applicable to the grantee's operations under such franchise during
the fiscal year or fraction thereof.
(3)
A listing of the grantee's properties devoted to
network operations, together with an itemization of the grantee's investment
in each of such properties on the basis of original cost, less depreciation.
These reports shall include a balance sheet, listing of substantial liabilities
and financing arrangements and such other reasonable information as the city
may request and shall be certified by a certified public accountant.
B.
Annual facilities report required. The grantee shall
file annually with the City Clerk, not later than four months after the end
of the grantee's fiscal year in which it commenced operations and within
four months after the end of each subsequent fiscal year, four copies of a
total facilities report setting forth the total physical miles of plant installed
or in operation during the fiscal year and a map showing the location of the
same. The location of any business or dwellings adjacent to the physical plant
to which cable access is not legally or economically feasible shall be identified
and listed separately, along with the reason for network service being unavailable.
[Amended by Ord. No. 22-83]
C.
Annual service record report required. The grantee shall,
if requested by the city, file annually with the City Clerk, not later than
four months after the end of the grantee's fiscal year in which it commenced
operations and within four months after the end of each subsequent fiscal
year, four copies of a list of all trouble complaints and full or partial
network downtime received or experienced during the fiscal year. All such
submitted data shall also include response time and complaint disposition.
For the purposes of this provision, certified copies of a complaint logbook
covering all such incidents in the detail required herein will suffice. Also,
if requested by the city, uncertified additions to the annual complaint log
shall be supplied in four copies to the City Clerk at intervals of 90 days
or less following the filing of each annual report.
[Amended by Ord. No. 22-83]
D.
Annual measurements report. The grantee shall file annually
with the City Clerk, not later than four months after the end of the grantee's
fiscal year in which it commenced operations and within four months after
the end of each subsequent fiscal year, four copies of a report on the network's
technical measurements.
[Amended by Ord. No. 22-83[1]]
E.
Annual operations reports required. The grantee shall
file annually with the City Clerk, not later than four months after the end
of the grantee's fiscal year in which it commenced operations and within
four months after the end of each subsequent fiscal year, four copies of the
following supplemental information:
[Amended by Ord. No. 22-83]
(1)
If a nonpublic corporation, a list of all current shareholders
and bondholders, both of record or beneficial; if a public corporation, a
list of all shareholders who individually or as a concerted group hold 5%
or more of the voting stock of the corporation.
(2)
A current list of all the grantee's officers and
directors, including addresses, zip codes and telephone numbers.
(3)
Copies of all pertinent 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.
(4)
The names and both business and residential addresses,
zip codes and phone numbers of the cable television broadband telecommunications
network resident manager and engineer in charge.
(5)
Three copies of all types of subscriber agreements. Copies
of individual subscriber's agreements are not to be filed with the city.
(6)
Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of the grantee's business in accordance with the provisions of § 114-7 hereunder.
(7)
A copy of the annual report(s) of the parent firm(s)
which owns an interest of 5% or more of the voting stock of the grantee.
F.
Federal Communications Commission registration. The grantee
shall give formal notice to the city that it has sent the necessary information
for registration to the Secretary of the Commission, if required, and send
three copies of the information to the City Clerk within 30 days after the
date that the grantee's Hudson cable television system first provided
service to 50 or more subscribers.
G.
Public availability of reports. Such reports as required
under this chapter shall be available to the public in the office of the City
Clerk during normal business hours. Subscribers shall be notified of the availability
of such reports in ways approved by the Cable Television Regulatory Board.
H.
Correspondence. The grantee shall simultaneously file
with the City Clerk a copy of each petition, application, registration and
communication transmitted by the grantee to, or received by the grantee from,
any federal, state or other regulatory commissions or agencies having competent
jurisdiction to regulate and pertaining to the operations of any cable television
broadband telecommunications network authorized hereunder.
I.
City's access to records.
(1)
The city reserves the right, during the life of any franchise
granted hereunder, to have access at all normal business hours and upon the
giving of reasonable notice to the grantee's contracts, engineering plans,
accounting and financial data and service records relating to the property
and the operations of the grantee and to all other records required to be
kept hereunder. This right is reserved only for the city's duly authorized
employees or agents and not the public at large.
[Amended by Ord. No. 22-83]
(2)
Records of subscriber lists and statistical data not
otherwise required by this chapter shall be made available only upon a ruling
by a judge of competent jurisdiction that such records are material to the
city's regulatory program.
J.
Subscriber agreements. The form of the grantee's
agreements, if any, with its subscribers shall be subject to the approval
of the Common Council, upon recommendation by the Joint Cable Television Board.
Three copies of all types of agreements used by the grantee shall be filed
and maintained with the City Clerk.
[Amended by Ord. No. 22-83]
A.
Filing fee. Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the Board of $700, which shall be due and payable concurrently with the filing of the proposal. All applicants filing a franchise proposal shall have paid the form fee under § 114-9A.
B.
Franchising compensation. Grantees of a franchise hereunder
shall provide an initial payment to the Board in an amount equal to the direct
costs of granting the franchise, not to exceed $5,000, which sum shall be
due and payable concurrently with the grantee's acceptance of the franchise,
to offset the city's and village's costs in the franchise awarding
process.
C.
Annual franchise payment. Grantees of a franchise hereunder shall pay to the Board an annual fee in an amount equal to 5% of the annual gross subscriber revenues, as defined herein, in lieu of all other city and village permits and fees, to be first used to offset city and village regulatory and administrative costs herein and the balance to be allocated under the authority of §§ 114-3 and 114-12. The annual fee shall be paid within 30 days after the end of each quarter of the fiscal year of the grantee and for each quarter of the fiscal year of the grantee thereafter. Any adjustment to the actual franchise fee based upon audited financial statements of the grantee for the prior fiscal year shall be reflected in the second quarter payment. This payment shall be in addition to any other payment owed to the city and village by the grantee and shall not be construed as payment in lieu of municipal property taxes or other state, county or local taxes.
[Amended by Ord. No. 3-87]
D.
Method of computation; interest.
(1)
Sales taxes or other taxes levied directly on a per-subscriber or per-installation basis and collected by the grantee shall be deducted from the local annual gross subscriber revenues before computation of sums due the city is made. Payments due the city under the provisions of Subsection C above shall be computed annually as of December 31 for the preceding year and shall be paid simultaneously with the filing of annual reports required in § 114-13 at the office of the City Clerk. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by a certified public accountant, listing the total amounts of annual gross subscriber revenues and the above charges, deductions and computations for the annual payment period covered by the payment.
(2)
If any payment is not made as required, interest on the
amount due shall accrue from the date of the required submittal at an annual
rate of 12%. The percentages designated in this section may be amended no
more than once each year by the Council, consistent with increased costs for
municipal facilities and supervision and applicable rules of other regulatory
agencies.
E.
Rights of recomputation. No acceptance of any payment
by the city shall be construed as a release or as an accord and satisfaction
of any claim the city may have for further or additional sums payable as a
franchise fee under this chapter or for the performance of any other obligation
of the grantee.
A.
Indemnification of franchise. The grantee shall save
the city harmless from all loss sustained by the city on account of any suit,
judgment, execution, claim or demand which the city may legally be required
to pay as a result of the enactment of this chapter and the award of a franchise
hereunder, except as may arise from the process of selection of a grantee
for this franchise.
B.
Indemnification of city in franchise operation. The grantee
shall save the city and its agents and employees harmless from and against
all claims, damages, losses and expenses, including attorney's fees,
sustained by the city on account of any suit, judgment, execution, claim or
demand whatsoever arising out of acts by the grantee, its agents and employees,
including but not limited to the grantee's copyright infringements, and
all other damages arising out of the installation, operation or maintenance
of the cable television broadband telecommunications system by the grantee
authorized herein, whether or not any act or omission complained of is authorized,
allowed or prohibited by this chapter. This provision shall not apply to acts
of the city, its agents or employees.
[Amended by Ord. No. 22-83]
D.
Public liability insurance. The grantee shall maintain, throughout the term of the franchise, any extensions thereto or as required in § 114-11D, a general comprehensive liability insurance policy, in the amount hereafter specified, naming the city and village as additional insureds:
E.
Notice of cancellation of reduction of coverage. The
insurance policies mentioned above 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 include 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 of Hudson by registered mail of two copies of a written notice
of such intent to cancel or reduce the coverage.
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F.
Evidence of insurance filed with Mayor and City Clerk.
All policies of insurance or certified copies thereof and written evidence
of payment of required premiums, shall be filed and maintained with the City
Clerk during the term of any franchise granted hereunder.
[Amended by Ord. No. 22-83]
G.
No waiver of performance bond. Neither the provisions
of this chapter nor any insurance accepted by the city and the village pursuant
hereto nor any damages recovered by the city and village thereunder shall
be construed to excuse faithful performance by the grantee or limit the liability
of the grantee under the franchise issued hereunder or for damages, either
to the full amount of the bond or otherwise.
A.
Proposal bond. Each applicant for a franchise hereunder
shall submit a proposal bond in a form acceptable to the City Clerk or a certified
check payable to the order of the City of Hudson and the Village of North
Hudson in the amount of $5,000.
B.
Performance bond.
[Amended by Ord. No. 22-83]
(1)
The grantee shall maintain, and by its acceptance of any franchise granted hereunder agrees that it will maintain, through the term of the franchise or any renewal or extension hereof or as required in § 114-11D, a faithful performance bond running to the City of Hudson and Village of North Hudson from one good and sufficient surety or other financial guarantor approved by the Mayor and Village President, in the initial total sum of $50,000, conditioned upon the faithful performance of the grantee and upon the further condition that, in the event that the grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and sureties of the bond any damages or loss suffered by the city or village as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. The bond shall contain the following endorsement:
It is understood and agreed that this bond may not be canceled until
30 days after receipt by the City Clerk of Hudson by registered mail of two
copies of such intent to cancel or not to renew.
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(2)
Upon the achievement of substantial completion, the grantee
may submit to the city a written application for a reduction of the sum total
amount of this performance bond for the remainder of the franchise term and
any renewal or extension thereof. The Joint Cable Television Board shall recommend
a revised bond amount to the Common Council and Village Board. The decision
of the Common Council and Village Board shall be final.
C.
Forfeit of proposal bond. Should the applicant fail or
refuse to accept a franchise hereunder or fail or refuse to furnish the performance
bond as set forth herein within 30 days after receiving written notification
of the award of a franchise by the City Clerk, such applicant will be considered
to have abandoned its proposal, and the city and village shall enforce the
proposal bond in accordance with its terms or retain the proceeds of the certified
check.
D.
Return of the proposal bond. Proposal bonds or certified
checks received in lieu thereof from applicants whose proposals are not accepted
shall be returned to the applicant as soon as the proposal is rejected.
E.
Bond evidence to be filed with city. Two copies of all
bonds or certified copies thereof and written evidence of payments of required
premiums shall be filed and maintained with the City Clerk.
A.
Charges for services. To the extent that they are subject
to regulation, all of the following charges for services shall be subject
to Common Council approval, in accordance with the schedule of charges contained
in the grantee's application for franchise, which schedule is incorporated
herein by reference, and any modification to such schedule that may result
from a review requested by the city on its own motion or at the request of
the grantee. The charges shall be in accordance with the requirements set
forth in this subsection.
[Amended by Ord. No. 22-83]
(1)
Basic services charges. The grantee may make a charge to subscribers, private or commercial, for installation, connection and reconnection to its cable television broadband telecommunications network and a fixed monthly charge for basic service within the meaning of § 114-2. Any subscriber to basic services shall have the option of receiving pay television services.
(2)
Limited service charges. The grantee shall provide subscribers
the option of subscribing to services exclusive of the retransmission of broadcast
signals where they are satisfied with their existing off-air broadcast reception
and can use an antenna switch to select between broadcast reception and the
otherwise unavailable nonbroadcast retransmission services provided by the
grantee. A separate monthly charge shall be approved by the Council for this
limited service connection to the cable television broadband telecommunications
network.
(3)
Buried service charge. If a subscriber requests a buried
service drop to a residence in an area where telephone, electric power and
cable television distribution cables are aboveground, the grantee shall bury
or allow the subscriber to bury a direct burial drop upon the payment of such
fee that has been approved by the Council.
(4)
Unusual connections charges. The grantee may make a charge to subscribers for installation and connection to its network in addition to those charges set forth in Subsection A(1) above where unusual circumstances exist, such as remote or comparatively inaccessible subscriber locations, subscriber-requested concealed cable runs or otherwise difficult installations due to building construction and for antenna switching devices.
(5)
Extra connection charges. The grantee may make additional
charges for the installation of extra terminals in an individual subscriber's
dwelling or place of business. Extra monthly service charges may be set forth
for each additional television set, video recorder, FM receiver or other device
which is connected to the network.
B.
Notification of charges. The grantee may establish charges for its services not specified in Subsection A above. However, all such charges, including but not limited to additional service, leased channel, discrete channel, pay television channel, per-program fees, production and advertising rates and the charge to all users of the access channels for reasonable production and the original costs, shall be made public, and two copies of each such schedule of charges, as originally established and thereafter modified, shall be filed with the City Clerk.
C.
[Amended by Ord. No. 22-83] All rates to be fair
and reasonable. The grantee shall be entitled to a fair rate of return on
its investment in the system. To the extent that they are subject to regulation,
all charges set by the grantee for services shall be fair and reasonable and
shall be commensurate with the service and equipment provided at the subscriber
terminals and calculated to offset all necessary costs for provision of the
service, including a fair rate of return on its investment.
(1)
No consideration beyond schedule. The grantee shall receive
no consideration whatsoever for or in connection with a service to its subscribers
other than that which is on file with and approved by the city in accordance
with this section.
(2)
Deposits and advance payments to be approved. The grantee
shall receive no deposit, advance payment or penalty from any subscriber or
potential subscriber other than that established in the schedule of charges
previously filed with and approved by the Council.
(3)
Converter provided and purchase of switch. A converter
will be provided by the grantee as part of the basic service. The converter
will be maintained by the grantee subject to normal use by the subscriber.
The grantee shall also make available at a nominal charge a switch allowing
subscribers to receive regular television broadcast service.
(4)
Subscriber refunds. If any subscriber of the grantee
of less than 30 days terminates service due to the grantee's failure
to render service of a type and quality provided for herein to such subscriber;
service to a subscriber is terminated by the grantee without good cause; or
the grantee ceases to operate the cable television broadband telecommunications
network authorized herein for any reason except termination or expiration
of a franchise granted hereunder, the grantee shall, upon recovery of its
equipment, such as its cable converter, coaxial switch or other appurtenant
device, refund to such subscriber an amount equal to the installation and
connection charges paid by such subscriber. Under the terms of this subsection,
the grantee shall not be required to refund the current monthly charge except
as it may express a willingness to do so.
(5)
Transfer within service area. The grantee, in the event
that a valid subscriber shall transfer his residence within the service area
of the grantee without any interruption in monthly service charges, shall
reconnect such subscriber at the new residence without imposition of the installation
charge. The grantee, however, shall have the right to charge a nominal transfer
fee. The grantee of a franchise awarded herein, in the event that a nonsubscriber
transfers his or her residence into vacated premises previously connected
or prewired to the network, may charge such nonsubscriber all applicable fees
as set forth in this section if such nonsubscriber requests connection to
the network.
D.
Acceptance of city's authority to regulate rates.
To the extent permitted by law, the grantee shall agree and, by its acceptance
of a franchise, specifically agrees to be subject to the city or other regulatory
bodies having competent jurisdiction to fix just, reasonable and compensatory
rates.
[Amended by Ord. No. 22-83]
E.
Rates subject to other regulations. If Federal Communications
Commission regulations or any other applicable laws or regulations shall subsequently
determine that the city has jurisdiction over other services or service to
be offered or performed, such rates shall be subject to denial by the city
at that time.
F.
Reduction of fees. If, during the term of any franchise
or renewal thereof granted hereunder, the grantee receives refunds or if the
cost of operation to the grantee is reduced as a result of an order of any
regulatory body having competent jurisdiction, the grantee shall pass on to
its subscribers on a prorated basis any such savings or reduced costs on a
schedule to be determined by the Council.
G.
Rate change procedures.
(1)
Freeze on initial rates. The grantee shall not file an
application for an increase in fees, rates or charges until 12 months have
expired from the time the grantee has been determined to have achieved substantial
completion of the distribution network, except to seek relief from the imposition
of any federal, state or local taxes, copyright or other legally imposed fees
not contemplated in the original rate determinations.
[Amended by Ord. No. 22-83]
(2)
[Amended by Ord. No. 22-83] Rate changes. A change
in any regulatable rate, when not inconsistent with applicable requirements
of the Federal Communications Commission or other lawful authority, may be
implemented by the grantee. Any such rate change implemented by the grantee
shall be subject to denial by the city in accordance with the provisions of
this section and the following subsections:
(a)
No rate change shall be allowed that would result in
different rates or charges for services for similarly situated subscribers
in the rate territory.
(b)
No rate change that, in the opinion of the city, is substantial
will be allowed unless all the standards and prerequisites for review have
been met and complied with and determinations have been made, all pursuant
to this section.
(c)
In the event that the city elects to review a rate change
by the grantee, the standards for reviewing such rate change implemented by
the grantee will include the following, except when the change is required
or permitted by law, the Federal Communications Commission or other lawful
authority:
[1]
The ability of the grantee to render system services
and to derive a reasonable profit therefrom under the existing rate schedule.
[2]
The revenues and profits derived from system services.
[3]
The quality of the service offered by the grantee.
[4]
A fair rate of return on the replacement cost (new) less
observed depreciation of the properties devoted to such service.
[5]
A fair rate of return with respect to investments having
similar risks to that of providing cable communication services.
[6]
The extent to which the grantee has adhered to the terms
of this franchise.
[7]
Capital expenditures by the grantee in providing updated
technology and service to subscribers.
[8]
Such other factors as the city may deem reasonably relevant.
(d)
No rate increase shall be permitted until one year after
the system has been substantially completed.
(e)
The procedures to be followed in changing a rate or charge
shall include the following:
[1]
The grantee shall submit to the city a notice of rate
change setting forth the new rate and charge schedule. Unless the city requests
a rate hearing as provided, the new rate and charge schedule shall become
effective 60 days after receipt by the city of the notice of rate change.
[2]
The notice of rate change shall be supported by statistical
and other proof indicating that the existing rate or charge is inadequate
or unreasonable and that a rate charge is required to enable the grantee to
render service to fulfill its obligations under this franchise and to derive
a reasonable profit therefrom.
[3]
In the event that a hearing is requested by the city,
the grantee shall supplement the notice of rate change with current information,
including financial information, with at least the following from the grantee
concerning the costs of serving the rate territory: balance sheet; income
statement; statement of sources and applications of funds; detailed supporting
schedules of expenses, income and assets; and statement of current and projected
subscribers.
[4]
The rate change implemented by the grantee shall be subject
to denial by the city in accordance with the terms of this section. In the
event that the city elects to have a hearing on the rate change, the city
will notify the grantee and schedule a public hearing on the rate change within
30 days from the date of receipt of the notice of rate change should the city
deem such public hearing appropriate. The city may extend the time for receipt
of evidence and hiring and reporting of a consultant for a period of up to
30 days. The city will publish notice 10 days prior to the hearing in its
official newspaper.
[5]
After the public hearing, the city will have 30 days
within which to make its determination whether the rate change should be denied.
If the city does not deny the rate change within the thirty-day period, the
grantee's rate change will be deemed approved.
[6]
If the city denies the grantee's rate change within
the thirty-day period, the grantee may appeal the decision to the appropriate
lawful authority.
(f)
The city may utilize a rate consultant to advise it on
rate changes and to assist it in maintaining uniform rates within the rate
territory. A rate consultant may be any person who has sufficient background
and experience, in the reasonable opinion of the city, to properly evaluate
and analyze rates and charges.
(g)
All costs for the review of a rate or charge change shall
be paid out of the franchise fee as costs of regulation, and if such costs
exceed the franchise fee, then the excess portion shall be paid by the grantee.
The cost shall include, but not be limited to, attorney's fees and the
reasonable value of services of the city's employees, agents or representatives.
(h)
Any time limit may be waived only if the city and the
grantee mutually consent.
H.
Pass-on charges.
[Added by Ord. No. 22-83]
(1)
The grantee shall be entitled to pass on, without city
or Council approval, the following costs and charges to its rates for basic
service: all increases in programming, copyright fees and pole rental rates,
as well as any new federal, state or local taxes imposed on the grantee, excluding
income taxes.
(2)
The grantee shall give the Board notice of the rate increase
resulting from the increase in such pass-on costs 30 days prior to the effective
date of such rate increase. The notice shall be supported by such documentation
or other proof establishing the increase in the pass-on cost or charge.
The grantee shall provide, upon request, within the city one connection
and monthly service for basic service to such public, parochial and nonprofit
private schools, city buildings and agency locations as the city may hereafter
designate. The rates for this installation and monthly service shall be designated
by each applicant in its proposal. 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 the grantee.
All such extensions, however, shall be accomplished in such a way so as not
to interfere with the operation of the cable television broadband telecommunications
network.
A.
Network extension across city boundaries. Before any subscriber located in a community other than the Village of North Hudson, City of Hudson and City of River Falls is allowed to connect to the cable television broadband telecommunications network, the grantee shall be capable of furnishing service to a substantially completed system for North Hudson and Hudson residents, unless a waiver of this section is granted by the Village Board and Common Council. A written waiver request must be made at least 30 days prior to the requested appearance before the Common Council or Village Board. Such waiver request shall clearly state the potential impact of such occurrence on the operations and finances of the grantee, the costs of such an extension and who is to bear such costs and any anticipated interconnection with such institutions as defined in § 114-18 within the area to be served by such network extension.
[Amended by Ord. No. 22-83]
B.
Extension of network within city boundaries.
(1)
Conditions of required extension. The grantee shall,
at its expense, extend its cable television broadband telecommunications network
so as to provide full network service to any resident dwelling within the
city limits and 300 feet of existing network to which access is legally and
reasonably available.
(2)
Extension policy. The grantee shall file with the City
Clerk three copies of its extension policy for potential subscribers dwelling
beyond 300 feet from the nearest point of access to existing network but within
the city limits. Such policy shall be approved by the city, and the grantee
shall not make or refuse to make any extension except as permitted by this
approved policy.
A.
Permit application. It is hereby deemed in the public
interest that the network be extended as rapidly as possible to all citizens
within the city. Within 60 days of the effective date of a franchise granted
hereunder, the grantee shall file with the appropriate authorities and utilities
all initial papers and applications necessary to comply with the terms of
this chapter, including any additions or amendments thereto, and shall thereafter
diligently pursue all such applications. After the grantee has diligently
pursued the acquisition of necessary pole attachment contracts or other necessary
easements, and where such necessary contracts have not been executed or easements
obtained after a reasonable period of time as determined by the city, the
city may, at its discretion, provide assistance to ensure the extension of
the system to all citizens.
B.
Commencement of construction. Within 120 days of the
effective date of a franchise granted hereunder, or as soon thereafter as
weather conditions permit, the grantee shall initiate construction and installation
of the cable television broadband telecommunications network. Such construction
and installation shall be pursued with reasonable diligence.
C.
Commencement of operation. Within six months of the effective date of a franchise granted hereunder, the grantee shall commence operation within the meaning set forth in § 114-2.
D.
Substantial completion of construction. Within 12 months of the effective date of a franchise granted hereunder, the grantee shall have substantially completed construction of the service area within the meaning set forth in § 114-2.
E.
Provision of basic service. Within 18 months of the effective
date of a franchise granted hereunder, the grantee shall have placed in use
sufficient distribution facilities so as to offer basic service to 100% of
the dwelling units in the service area to which access is legally and reasonably
available.
F.
Delays and extension of time. The city may, in its discretion,
extend the time for the 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 a period during which the 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 reasonably beyond
its control:
A.
System bandwidth capability. The grantee shall install a cable network. The primary cable and the spacing of the installed amplifiers shall assure a minimum initial forward or downstream bandwidth capability of 50 to 400 megahertz and a minimum return or upstream bandwidth capability of five to 30 megahertz. The installation of return amplifiers in the cable may be deferred, provided that amplifier housings are installed which contain the necessary facilities for the later addition of return amplifiers band separation networks. As total bidirectional capacity is of considerable interest to the city, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein. However, such proposal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in § 114-9M and N, respectively, the anticipated timetable for introduction and the associated costs and revenues.
B.
Subscriber return control. Whenever a return or upstream
information circuit is routed from a subscriber's premises, it shall
be connected so as to provide subscriber notification of usage and to permit
subscriber-controlled deactivation without impairment of full network service
reception.
C.
Subscriber program control. The grantee shall provide,
at cost, an optional device to enable the subscriber to shut off pay television
and/or other channels carrying non-family-rated programming. The grantee shall
publicize this option.
D.
Public and education services. The grantee shall design
and construct the network so as to provide for the simultaneous introduction
and distribution of a minimum of one Class II channel from each of the following
locations:
(1)
Hudson City Hall.
(2)
Hudson Public Library.
(3)
North Hudson Village Hall.
(4)
Hudson School System High School.
(5)
Phipps Center for the Performing Arts.
(6)
St. Croix County Courthouse.
(7)
The grantee's television facility for program production
and insertion.
(8)
Other facilities, such as, but not limited to, a public
access center and senior citizens access center, as the Council, from time
to time, may direct within current system boundaries.
[Amended by Ord. No. 22-83]
E.
Emergency alert override. The grantee shall incorporate
into its facilities an emergency override audio alert and, as soon as feasible,
a simultaneous video alert whereby the St. Croix County Emergency Communication
Center may introduce a message on all channels simultaneously. The grantee
shall provide all equipment necessary for use of the emergency alert system.
A.
Service response and rebate. The grantee shall provide
same-day service response seven days a week for all complaints and requests
for repairs or adjustments received prior to 2:00 p.m. each day. In no event
shall response time for calls received subsequent to 2:00 p.m. exceed 27 hours.
The grantee shall credit 1/30 of the monthly charge for basic service to each
subscriber for each 24 hours following report of loss of service to the grantee.
B.
Service interruptions and notification. The grantee,
whenever it is necessary to interrupt service over the cable television broadband
telecommunications network for the purpose of network maintenance, alteration
or repair, shall do so at such time as will cause the least amount of inconvenience
to its subscribers, and unless such interruption is unforeseen and immediately
necessary, the grantee shall give reasonable notice thereof to the affected
subscribers. Such notice may be presented on the channel used to present the
daily program schedules.
C.
Upgrading of facilities, equipment and service. The grantee
shall upgrade its facilities, equipment and service when economically and
technologically feasible.
[Amended by Ord. No. 22-83]
A.
Compliance with safety codes. All construction practices
shall be in accordance with all applicable sections of the Occupational Safety
and Health Act of 1970 and any amendments thereto, as well as all state and
local codes where applicable.
B.
Compliance with electrical codes. All installation of
electronic equipment shall be of a permanent nature, durable and installed
in accordance with the applicable sections of the current edition of the National
Electric Safety Code and all state and local codes where applicable.
C.
Antennas and towers. Antenna-supporting structures (towers)
shall be designed for the appropriate wind and ice loading zone as specified
in the Electronics Industry Association's R.S. 22A Specifications.
D.
Compliance with aviation requirements. Antenna-supporting
structures (towers) shall be painted, lighted, erected and maintained in accordance
with all applicable rules and regulations of the Federal Aeronautical Agency,
the State Aeronautics Board governing the erection and operation of supporting
structures or television towers and all other applicable local or state codes
and regulations.
A.
Approval of proposed construction. A grantee shall first
obtain the approval of the city prior to commencing construction on the streets,
alleys, public grounds or places of the city. Applications for approval of
construction shall be in a form provided by the city.
B.
Excavation permits. A grantee shall not open or disturb
the surface of any street, sidewalk, driveway or public place for any purpose
without first having obtained a permit to do so in the manner provided by
ordinance.[1]
C.
Changes required by public improvements. A grantee shall,
at its expense, protect, support, temporarily disconnect, relocate in the
same street or other public place or remove from the street or other public
place any property of the grantee when required by the city be reason of traffic
conditions, public safety, street vacation, street construction, change or
establishment of street grade and installation of sewers, drains, water pipes,
city-owned power or signal lines and tracts or any other type of structure
or improvement by public agencies.
D.
Use of existing poles or conduits. Nothing in this chapter
or any franchise granted hereunder shall authorize the grantee to erect and
maintain in the city new poles where existing poles are servicing the area.
Change-outs, where necessary to secure adequate street clearance and spacing
between electric power, telephone and cable television lines, shall, however,
be authorized. The grantee shall require permission from the city before erecting
any new poles or installing any underground conduit or appurtenances where
none exist at the time the grantee seeks to install its network.
E.
Facilities not to be hazardous or interfere.
(1)
All wires, conduits, cables and other property and facilities
of the grantee shall be so located, constructed, installed and maintained
as not to endanger or unnecessarily interfere with the usual and customary
trade, traffic and travel upon the streets and public places of the city.
The grantee shall keep and maintain all its property in good condition, order
and repair. The city reserves the right hereunder to inspect and examine at
any reasonable time and upon reasonable notice the property owned or used,
in part or in whole, by the grantee.
(2)
The grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the city under § 114-13 herein. A grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners or with any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the city.
F.
Method of installation. All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel to existing telephone and electric wires whenever possible. Multiple cable and configurations shall be arranged in parallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in those areas of the city where public utilities are underground at the time of the grantee's cable installation. In areas where telephone and electric utility facilities are above ground at the time of the grantee's cable installation, the grantee may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the telephone and electric utilities, the grantee shall likewise place its services underground without additional cost to the city or to the residents of the city other than as may be granted under the provision of § 114-17.
G.
Protection of facilities. Nothing contained in this section
shall relieve any person, company or corporation from liability arising out
of the failure to exercise reasonable care to avoid injuring the grantee's
facilities while performing any work connected with grading, regrading or
changing the line of any street or public place or with the construction or
reconstruction of any sewer or water system.
H.
Notice of city improvements. The city shall give the
grantee reasonable notice of plans for street improvements where paving or
resurfacing of a permanent nature is involved. The notice shall contain the
nature and character of the improvements, the street upon which the improvements
are to be made, the extent of the improvements and the work schedule for the
project. The notice shall give the grantee sufficient time to make any additions,
alterations or repairs to its facilities as it deems necessary in advance
of the actual commencement of the work so as to permit the grantee to maintain
continuity of service.
I.
Requests for removal or change. The grantee shall, on
the request of any person hold a building moving permit, temporarily raise
or lower its wires to permit the moving of the building. The expense of such
temporary removal, raising or lowering of wires shall be paid by the person
requesting the same, and the grantee shall have the authority to require such
payment in advance. The grantee shall be given not less than 10 working days'
notice of any move contemplated in which to arrange for temporary wire changes.
J.
Authority to trim trees. Subject to city approval and
notification, the grantee shall have the authority to trim trees upon and
overhanging streets, alleys, sidewalks and other 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. The grantee may contract for such services,
however, any firm or individual so retained shall receive city approval prior
to commencing such activity.
[Amended by Ord. No. 22-83]
K.
Restoration or reimbursement. In the event of disturbance
of any street or private property by the grantee, it shall, at its own expense
and in a manner approved by the city and the owner, replace and restore such
street or private property in as good condition as before the work causing
such disturbances was done. All requests for replacement or restoration of
such streets or private property as may be disturbed must be in writing to
the grantee. If the grantee fails to perform such replacement or restoration
or complete satisfactory arrangements to do so within 30 days of receipt of
written request, the city or the owner shall have the right to do so at the
sole expense of the grantee, unless the grantee has contested the claim of
such disturbance in writing and has requested arbitration of the matter. Payment
to the city or owner for uncontested replacement or restoration shall be immediate,
upon demand, by the grantee.
L.
Office and records. The grantee shall at all times make
and keep, at an office maintained by the grantee in the city, full and complete
plans and records showing the exact location of all cable television broadband
telecommunications network equipment installed or in use in the streets and
other public places of the city. The grantee shall furnish the city a current
map or set of maps, drawn to scale, showing all of the grantee's equipment
installed and in place in streets and other public places of the city.
M.
Emergency removal of plant. If, at any time, in case
of fire or disaster in the city, it shall become necessary in the reasonable
judgment of the city to cut or move any of the wires, cables, amplifiers,
power supplies, appliances or appurtenances thereto of the grantee, such cutting
or moving may be done and any repairs rendered necessary thereby shall be
made by the grantee, at its sole expense, provided that such repairs are not
necessitated by negligent acts of the city, in which case cost for repairs
shall be borne by the city.
N.
Alternate routing of plant. If continued use of a street
is denied to the grantee by the city for any reason, the grantee will make
every reasonable effort to provide service over alternate routes.
A.
No prohibition of interconnection. Nothing in this chapter shall be construed so as to prohibit the grantee from interconnecting its network with other similar contiguous networks either in the city or in other municipalities, townships, counties or states, except as the provisions of § 114-19 apply. However, any revenues derive therefrom shall be equitably allocated in the calculation of annual gross subscriber revenues as set forth in § 114-14 herein.
B.
Study required for interconnection. The grantee shall,
if requested by the city, conduct a technical and economic feasibility study
of any interconnection requested by the city. The study shall be presented
to the city, and if the study shows such interconnection to be feasible, the
grantee shall, if so instructed by the city, accomplish the interconnection.
If the study indicates technical feasibility only, the city may elect, but
at its sole discretion, to arrange for compensation to be paid to the grantee
and so sufficient to assure an economic break even by the grantee and so order
the interconnection. If the study fails to show technical feasibility, the
grantee shall have no further responsibility for accomplishing the interconnection
until such time as improvements in technology permit such interconnection.
A.
Unauthorized connection prohibited. No person, without the expressed consent of the grantee, shall make or possess any connection, extension or division, whether physically, acoustically, inductively, radiantly, electronically or otherwise, with or to any segment of a franchised cable television broadband telecommunications network for any purpose whatsoever, except as provided in § 114-18 herein.
B.
Obstruction, removal or destruction prohibited. No person
shall willfully interfere with, tamper with, remove, obstruct or damage any
part, segment or content of a franchised cable television broadband telecommunications
network for any purpose whatsoever.
C.
Violation. Any person convicted of a violation of this
section shall, for each offense, forfeit not less than $100 nor more than
$500, together with costs of such prosecution. Violation of this section shall
be considered a separate offense for each twenty-four-hour period the violation
continues following notification or discovery.
A.
Affirmative action and nondiscrimination. The grantee
shall promulgate an affirmative action and equal employment opportunity policy
which shall be designed to ensure that a good-faith effort to employee applicants
from all segments of the community, regardless of race, color, marital status,
religion, age, sex, handicap or national origin, will be made and that it
will not discriminate against any individual with respect to compensation,
terms, responsibilities, conditions or other privileges of employment because
of race, color, marital status, religion, sex, national origin, handicap or
age.
[Amended by Ord. No. 22-83]
B.
Services to be equally available. The grantee shall not refuse cable television service to any person or organization who or which requests such service for a lawful purpose where network access is legally and reasonably available, nor shall a company refuse any person or organization the right to cablecast pursuant to provision of this chapter. The grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage nor subject any person to any prejudice or disadvantage. The grantee shall take affirmative steps to disseminate information concerning the availability of each of its services to all determinable minority and female groups and other under-represented groups. These provisions shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof, nor shall they be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any subscriber coming within such classifications shall be entitled, provided that such schedules have been filed with and approved by the city as provided in § 114-17.
C.
Fairness of accessibility. The entire system of the grantee
shall be operated in a manner consistent with the principle of fairness and
equal accessibility of its facilities, equipment, channels, studios and all
of its other services to all citizens, businesses, public agencies or other
entities having a legitimate use for the system, and no one shall be arbitrarily
excluded from its use for any reason by any person, firm, group, company,
corporation, governmental body or agency. Allocation of use of the grantee's
facilities shall be made according to the rules or decisions of regulatory
agencies effecting the same, and where such rules or decisions are not effective
to resolve a dispute between conflicting users or potential users, the matter
shall be submitted for resolution by the Joint Cable Television Board.
A.
Use of data from subscriber. A grantee, city or any person shall not, in addition to the requirements of § 114-21C, initiate or use any form, procedure or device for procuring information or data from cable television subscribers' premises by use of the cable system without prior valid written authorization from each subscriber so affected. Valid authorization shall mean written approval from the subscriber for a period of time not to exceed one year, and it shall not have been obtained from the subscriber as a condition of service. Further, the grantee, without such authorization, shall not activate and/or utilize any Class IV cable television channel in any manner from the subscriber's premises. In any case the subscriber shall retain the right to deactivate the return path from his/her premises.
B.
Subscriber identity. Neither the city, a grantee nor
any person shall, without prior valid written authorization from each subscriber
so affected, provide any data identifying or designating subscribers to additional
parties, except for purposes directly related to implementing the provisions
of this chapter and to both contractors employed to do installations and any
agencies which the grantee may employee to bill and collect moneys from its
subscribers or to make mailings, such as, but not limited to, program schedules.
C.
Procurement of information. No person shall procure subscriber-identifiable
information or data from subscribers' premises by use of the cable system
without prior valid written authorization from each subscriber so affected.
Valid authorization shall mean written approval to collect, receive, store,
record, use, transmit or otherwise convey specific types of information or
data to specified additional parties for specified purposes and for a specified
period of time not to exceed one year. Further, all such authorizations shall
specify the maximum period of time that such subscriber-identifiable information
or data shall be preserved, in any manner or form, by whom, in what location
and for what purpose.
D.
Subscriber copy required. A written copy of all subscriber-identifiable
information or data which is retained and/or disclosed and the disposition
of this information or data, together with any explanation necessary to render
it understandable to the subscriber, shall be provided to the affected subscriber
within 30 days of procurement. Further disclosures shall be fully detailed,
in writing, to the affected subscriber within 30 days of each such disclosure.
The grantee shall assume the cost of publication of the franchise ordinance
as such publication is required by law. A bill for the publication costs shall
be presented to the grantee by the city upon the grantee's filing of
acceptance and shall be paid at that time.
Should any ordinance or part thereof be in conflict with the provisions
of this chapter, this chapter shall prevail insofar as it applies to each
cable television broadband telecommunications network.
[Amended by Ord. No. 22-83]
A.
Security fund.
(1)
Within 30 days after the effective date of this chapter,
the grantee shall deposit with the Finance Officer of the city and maintain
on deposit through the terms of the franchise the sum of $5,000 in cash.
(2)
If the grantee fails to pay the city any compensation
within the time fixed herein or fails, after 20 days' notice, to pay
to the city any taxes due or unpaid or fails to repay to the city, within
20 days, any damages, costs or expenses which the city shall be compelled
to pay by reason of any act or default of the grantee in connection with this
chapter which the city reasonably determines can be remedied by an expenditure
of the security, the Finance Officer of the city may immediately withdraw
the amount thereof from the security fund. Upon such withdrawal, the Finance
Officer shall notify the grantee of the amount and date thereof, and the grantee
shall have 30 days in which to replace the amount withdrawn.
(3)
The cash deposit furnished by the grantee pursuant hereto
shall become the property of the city if the franchise is revoked by reason
of a default of the grantee. The cash deposit shall be retained by the city
and returned to the grantee at the expiration of the franchise, provided that
there is no outstanding obligation on the part of the grantee to the city.
Any interest which accumulates on the cash deposit shall become the property
of the grantee as it accrues, and the grantee shall have the option of withdrawing
the interest or leaving it on deposit as the grantee deems necessary. The
City Clerk is to set up the account with the city and deposit the interest
in the grantee's account.
B.
Penalties from security fund. In addition to recovery
of any moneys owed by the grantee to the city or damages or any other remedies
as a result of any acts or omissions by the grantee pursuant to this chapter,
the city may charge to and collect from the security fund the following penalties
for failure to:
(1)
Comply with the terms of § 114-20 of this chapter. The penalty shall be $100 for each day such failure occurs or continues.
(2)
Provide data, documents, reports or information in accordance with § 114-13 of this chapter. The penalty shall be $25 for each day such failure occurs or continues.
(3)
Comply with any of the provisions of this chapter for
which a penalty is not otherwise specifically provided pursuant to the section.
The penalty shall be $25 for each day that such failure occurs or continues.
(4)
Meet conditions set forth in city permits. The penalty
shall be $25 for each day such failure continues.
(5)
Comply with construction, operation or maintenance standards
set forth in this chapter. The penalty shall be $100 for each day that such
failure occurs or continues.
(6)
Provide the service the grantee has proposed, including
but not limited to the implementation and the utilization of the access channels
and the making available for use of the equipment and other facilities to
the public. The penalty shall be $100 for each day that such failure occurs
or continues.
This chapter is effective upon adoption of a similar ordinance by the
Village of North Hudson. To authorize, issue and regulate the joint cable
television franchise with the Village of North Hudson, the city may enter
into necessary agreements with the Village of North Hudson, under the authority
of W.S.A. s. 66.30.