Village of Saukville, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Saukville by Ord. No. 510. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Cable Television Franchise Ordinance."
Pursuant to § 66.082 of Wis. Stats., this chapter allows the Village of Saukville to grant to a franchise grantee a nonexclusive license to install, maintain and operate a cable television system for the distribution of television signals, frequency-modulated radio signals and closed circuit television programs for a term not to exceed 15 years, provided that the franchise grantee conforms to the conditions, limitations and requirements of this chapter. This chapter may be amended from time to time by the village through the enactment of amendments thereto.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
BOARD
The present governing body of the village or any future body constituting the legislative body of the village.
CABLE
Coaxial cables, wave guides or other conductors and equipment for providing television service by cable or through its facilities as herein contemplated, and including closed circuit special event programs and educational television.
GRANTEE
A person or entity to whom or which a franchise under this chapter is granted by the Board, along with the lawful successors or assigns of such person or entity.
GROSS REVENUES
Any revenue, derived directly or indirectly by a grantee, its affiliates, subsidiaries, parents and any persons or entities in which a grantee has a financial interest of 5% or more, from or in connection with the operation of a Saukville cable system, including, but not limited to, basic or extended basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, enhanced telecommunications services, studio rental, production equipment rental and advertising revenues. The term does not include any taxes on services furnished by a grantee and imposed directly upon any subscriber or used by the village, state or other governmental unit and collected by a grantee on behalf of said governmental unit. The term does include any amounts billed to offset the cost of any franchise fee.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the village are open to serve customers, plus at least one night per week until 8:00 p.m. and at least four hours on the weekend.
NORMAL OPERATING CONDITIONS
Those conditions affecting service within the control of the grantee. Those conditions presumed to be outside normal operation conditions include natural disasters, human-caused disasters and civil disturbances, power or telephone outages, and severe or unusual weather conditions where such condition limits the grantee's ability to provide service. Those conditions presumed to be within normal operating conditions include special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance, rebuild or upgrade of the cable system.
STREET
The surface of and space above and below any public street, road, highway, freeway, lane, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the village.
SUBSCRIBER
Any person or entity legally receiving for any purpose the services of a grantee herein.
VILLAGE
The Village of Saukville, County of Ozaukee, State of Wisconsin, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
A. 
To the extent applicable, federal law shall govern the procedures and standards for renewal of any franchise awarded pursuant to this chapter.
B. 
To the extent federal law is not applicable, the village shall, in its sole judgment and discretion, have the right to grant or deny renewal, provided that, at a minimum, the grantee provides written notice of its intent to seek renewal at least 30 months but no more than 36 months prior to the expiration of the applicable franchise term.
A. 
A franchise granted under this chapter may be terminated by the village for just cause, which may include, but not be limited to, a material breach of the provisions of this chapter, a franchise agreement issued under this chapter or other violation of local, state or federal law. The village shall not terminate a franchise without notice to the grantee, reasonable opportunity to cure and a public proceeding offering the grantee and other interested parties the opportunity to comment.
B. 
Should a grantee's franchise be terminated or expire and there is no judicial or administrative review of the termination or expiration taking place, the grantee shall begin removal, within 90 days of termination or expiration, of all property owned by the grantee and placed on a public right-of-way unless permitted by the village to abandon said property to the village or to a purchaser.
C. 
In the event that a franchise has been terminated or has expired, the village shall have options, to the extent then permitted by law, to purchase the tangible assets of the grantee's cable television system previously governed by the franchise at its fair market value, to assign such rights to purchase, or to require removal of all grantee's property located within the public ways of the village at the grantee's expense. Such an option must be exercised within one year from the date of the termination or expiration of the franchise, the entry of a final judgment by a court reviewing the question of the termination or expiration or the entry of a final order upon appeal of the same, whichever is later.
All of the rights and privileges and all the obligations, duties and liabilities created by this chapter shall pass to and be binding upon the successors of the village and the successors and assigns of a grantee. The franchise shall not be assigned or transferred by the grantee without the written approval of the village hereunder, which approval shall not be unreasonably withheld without a showing of good cause; provided, however, that this section shall not prevent the assignment or pledge of a franchise or system by a grantee as security for debt without such approval; and provided further that transfers or assignments of a franchise between any parent and subsidiary corporation or between entities of which at least 51% of the beneficial ownership is here by the grantee or any parent corporation shall be permitted without the prior approval of the village. The sale, transfer or assignment of a material portion of the tangible assets of a grantee to an unrelated third party shall be considered an assignment subject to the provisions of this section.
A. 
The parties to the sale or transfer of a franchise shall make a written request to the village for its approval of a sale or transfer of the franchise.
B. 
The village shall reply in writing within 30 days of the request with a written notification of any information it needs to evaluate the request. Within 30 days of such information being provided, the village shall indicate approval of the request or its determination that a public hearing is necessary.
C. 
If a public hearing is deemed necessary pursuant to Subsection B, the village shall conduct such hearing within 30 days of such determination. Notice of any such hearing shall be given at least 14 days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the area being served by the franchise. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the village.
D. 
Within 60 days after the public hearing, the village shall approve or deny the sale or transfer request and notify the grantee in writing of its decision.
E. 
The parties to the sale or transfer of a franchise only, without the inclusion of a cable communications systems in which at least substantial construction has commenced, shall establish that the sale or transfer of a franchise only will be in the public interest.
F. 
The new holder of a sold or transferred franchise shall, within 30 days of the sale or transfer, file with the village a copy of the deed, agreement or other written instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by the grantee. The new holder shall within the same period file with the village any and all required bonds, proofs of insurance and certifications, and accept in writing all responsibilities relating to the cable franchise and system.
A franchise granted under this chapter is for the territorial limits of the Village of Saukville. The grantee shall offer to make cable service available to all residents of the franchise territory at the time a new or renewed franchise is issued or thereafter, regardless of density standards.
A. 
No monitoring of any authorized terminal connected to the system shall take place without specific written authorization by the user of the terminal in question on each occasion and written notice to the village.
B. 
A grantee shall not, except as required by governmental action, provide any data concerning specific subscribers or users or their use of subscriber services without first securing written authorization from the subscribers or users as required in the Cable Communications Policy Act of 1984.
C. 
Subscribers and users shall retain the right to deactivate their terminals but shall continue to be responsible for charges until the grantee is notified to terminate service.
The cable system shall be operated to comply with or exceed all guidelines and standards set by the FCC for signal quality and leakage. The village reserves the right to test the system and independently measure the signal quality. The system shall comply at all times with the National Electrical Code of the National Fire Protection Association.[1]
[1]
Editor's Note: See Ch. 94, Electrical Standards.
A grantee shall manage all of its operations in accordance with the policy of totally open books and records vis-a-vis the village. The authorized officers or agents of the village shall have the right to inspect, upon notice, during normal business hours all books, records, maps, plans, financial statements, service complaint logs, performance test results, records of request for service and other like materials of the grantee that relate to the operation of the franchise.
A. 
A grantee shall be required to maintain a local office within Ozaukee County. During standard business working hours, the grantee's office must be open and able to accept payments, exchange or accept return of converters and answer subscriber inquiries.
B. 
The grantee shall provide access to a local or toll-free telephone number for programming questions and service requests. The number shall be either staffed or provided with answering capabilities 24 hours a day.
A. 
A cable system shall be at least 550 MHz in bandwidth.
B. 
A grantee shall, as part of the acceptance of a franchise, provide a complete written description of the cable system in the village. Such written description shall be updated as substantial changes are made.
C. 
A cable system shall have a head-end/receive site located within one mile of the franchise territory, unless the requirement is waived or modified by the village.
A. 
Rates charged by a grantee for service hereunder shall be fair and reasonable. Before any service is sold to any customer, the grantee shall file with the Village Clerk its schedule of rates for installation, monthly service charges and any other charges related to the operation of the cable system, together with a statement of the rights and obligations of subscribers.
B. 
Subsequent additions or amendments to rates and service charges shall likewise be filed with the Village Clerk at least 30 days before the same become effective.
C. 
The village reserves the option to regulate rates for cable service, should such power be allowed under federal and state law.
A. 
Use. All transmission and distribution structures, lines and equipment erected by a grantee within the village shall be so located as not to cause interference with the proper use of streets, alleys and other public ways and places, and not to cause interference with the rights of or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.
B. 
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall first give notice to the Public Works Superintendent of any contemplated disturbances of pavement, sidewalk, driveway or other surfacing, and shall, at its own cost and expense and in a manner approved by the Public Works Superintendent, replace and restore all pavement, sidewalk, driveway or other surface of any street or alley disturbed in as good condition as before such work commenced. The grantee shall otherwise comply with village ordinances relating to street openings.[1]
[Amended 8-9-2014 by Ord. No. 750]
[1]
Editor's Note: See Ch. 173, Streets and Sidewalks.
C. 
Relocation. If, at any time during a franchise, the village shall elect to alter or change the location or grade of any street, alley or other public way, the grantee, upon reasonable notice by the village, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the grantee is in violation of the provisions of Subsection A, the grantee shall likewise, upon reasonable notice by the village, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.
D. 
Placement of fixtures. The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures placed in any street shall be placed between the outer edge of the sidewalk and the curbline where such boundaries exist, and those placed in alleys shall be placed close to the line of the lot abutting on such alley in such a manner as not to interfere with the usual travel on the streets, alleys and public ways. However, nothing in this chapter shall prohibit the use by the grantee of existing public utility poles where practical, providing mutually satisfactory rental agreements can be entered into with the grantee.
E. 
Underground service. The grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service shall be 12 inches.
F. 
Temporary removal of wire for building moving. A grantee shall, on the request of any person holding a building moving permit issued by the village, temporarily raise or lower its wires to permit the moving of buildings. The expenses of such temporary raising or lowering of the wires shall be paid by the person requesting the same, and the grantee may require such payment in advance. The grantee shall be given at least 48 hours advance notice to arrange for such temporary wire changes.
G. 
Tree trimming. The grantee, to the same extent that the village has such authority, may trim trees that overhang streets, alleys, sidewalks and public places of the village so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee. The grantee must apply to the village for a permit before trimming trees.
A. 
Indemnification. The grantee shall defend and save the village and its agents and employees harmless from all claims, damages, losses and expenses, including attorney's fees, sustained by the village on account of any suit, judgment, execution, claim or demand whatsoever arising out of:
(1) 
The enactment of this chapter and granting of a franchise thereunder.
(2) 
The installation, operation or maintenance of the cable system except for acts of the village, its agents or employees, unless said acts are at the request of and under the direction or supervision of the grantee.
B. 
Notification and filing. The village shall notify the grantee within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the village on the part of the grantee. The grantee shall furnish to the village, before any franchise becomes effective, satisfactory evidence in writing that the grantee has in force and will maintain in force during the term of the franchise public liability insurance.
C. 
Liability insurance.
(1) 
A grantee shall maintain throughout the term of the permit a general comprehensive liability insurance policy naming as additional insured the village, its officers, boards, commissions, agents and employees, in a company approved by the Village Board and in a form satisfactory to the Village Attorney. The policy shall protect the village and its agencies and employees against liability for loss or damage for personal injury, death or property damage occasioned by the operations of the grantee under any franchise granted hereunder, in the amounts of $1,000,000 for bodily injury or death to any one person with the limit however of $2,000,000 for bodily injury or death resulting from any one accident, and $1,000,000 for property damage resulting from any one accident. The village shall be named as an additional insured under such insurance, and a copy of the current in-force policy shall be deposited with the Village Administrator.
(2) 
On every third year anniversary of the granting of a cable franchise, the village shall have the power to reasonably increase the amount of liability insurance required, and the grantee shall have 60 days after notification to file proof of such increased coverage.
During the construction or substantial rebuild of a cable system, the grantee shall file with the village a performance bond in the amount of $50,000. The bond shall be released when the grantee certifies to the village that the construction or substantial rebuild is complete, and the village accepts such certification as proven.
A. 
Franchise fee payment. As compensation for permission to use the streets and public ways of the village for the construction, operation, maintenance, modification and reconstruction of a cable system, and for the village's costs in establishing a regulatory program for a grantee, the grantee shall pay to the village each year an amount equal to 5% of the grantee's annual gross revenues.
B. 
Payment schedule. The franchise fee shall be paid on a quarterly basis according to the following schedule:
(1) 
Revenues for January through March shall be reflected in a May 15 payment.
(2) 
Revenues for April through June shall be reflected in an August 15 payment.
(3) 
Revenues for July through September shall be reflected in a November 15 payment.
(4) 
Revenues for October through December shall be reflected in a January 31 payment.
C. 
Annual report. No later than April 15 of each year, the grantee shall present to the village a report of system finances for the previous year, which shall include gross revenues from all sources, detail on the amount contributed by each revenue component, operating expenses, net income and an end-of-year balance sheet. Any discrepancy between the previous year's franchise fee and the amount verified in the annual report shall be rectified with the April 15 quarterly payment.
D. 
Acceptance not considered release. No acceptance of any payment by the village shall be construed as a release or as an accord and satisfaction of any claim the village may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of the grantee.
A. 
The village hereby reserves the right to adopt, in addition to the provisions contained in this chapter and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police powers. Such regulations, by ordinance or otherwise, shall be reasonable and not in substantial conflict with the rights granted in this chapter and not be in conflict with the laws of the state.
B. 
The village may, during the term of a franchise, free of charge where aerial construction exists, maintain upon the poles of the grantee within the village limits wire and pole fixtures necessary for a police and fire alarm system, such wires and fixtures to be constructed and maintained to the satisfaction of the grantee and in accordance with its specifications.[1]
[1]
Editor's Note: See Ch. 53, Alarm Systems.
C. 
The village may inspect all construction or installation work during such construction or installation, or at any time after completion thereof, in order to ensure compliance with the provisions of this chapter and all other governing ordinances.
A. 
During a franchise, a grantee shall provide one free outlet and basic and expanded basic cable service to each municipally owned or leased building passed by the cable system as well as to any and all school buildings, whether private or public, within the village.
B. 
The grantee shall be required to provide one dedicated, not commercial community access channel and associated insertion equipment. The grantee shall also provide, at a location chosen by the village, a facility with equipment to allow insertion of community programming for this channel.
C. 
The grantee shall, at the option of the village, be required to add a second access channel, along with a modulator and character generator and any other equipment needed for the insertion of programming on the cable system.
D. 
The village shall have sole authority to administer the community access channels unless it chooses to delegate such authority. A grantee shall not be responsible for the operating costs for community access channels.
A franchise granted under this chapter shall be effective upon written acceptance of the franchise being filed with the Clerk of the village. The filing must take place within 30 days of the offer of the franchise being made by the Village Board.
This chapter and a franchise granted hereunder may be amended to incorporate amendments to the statutes, rules and regulations of the federal government as they are promulgated by the federal government. Any provision herein in conflict with or preempted by said rules, regulations or statutes shall be superseded.
A grantee shall at all times keep its cables and other appurtenances used for transmitting signals shielded in such a manner that there will be no interference with signals received by radios or televisions not connected to the grantee's services.
A grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under the franchise and to assure uninterrupted service to all its subscribers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions of this chapter or the laws of the state.
By the adoption of this chapter, the village expressly waives all objections it has or may have to the legal rights of the grantee to attach its cables, equipment and transmission lines to the poles of the village, pursuant to an agreement.
A. 
A grantee shall have no recourse whatsoever against the village for any loss, cost or expense or damage arising out of any provisions or requirements of a franchise or because of the enforcement thereof by the village, or for the failure of the village to have authority to grant all or any part of the franchise.
B. 
The grantee expressly acknowledges that in accepting a franchise it does so relying on its own investigation and understanding of the power and authority of the village to grant the franchise.
C. 
By accepting a franchise, a grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the village or by any other third person concerning any term or condition of the franchise not expressed herein.
D. 
The grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions hereof, and is willing to and does accept all the risks of the meeting of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any dispute over the meaning thereof the same shall be construed strictly against the grantee and in favor the village.
A. 
A grantee shall give prior notice to the village specifying the names and addresses of any entity, other than the grantee, that performs services pursuant to the franchise; provided, however, that all provisions of the franchise remain the responsibility of the grantee.
B. 
All provisions of a franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of the franchise.
The grantee agrees by acceptance of a franchise that it will not at any time set up against the village in any claim for proceeding any condition or term of the franchise as unreasonable, arbitrary or void, or that the village had no power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of the franchise in their entirety.
The grantee shall maintain resources sufficient and near enough to the franchise territory to provide the necessary facilities, equipment and personnel to comply with this section and other provisions of this chapter.
A. 
Service standards. The grantee shall render efficient service, make repairs promptly and interrupt service between the hours of 7:00 a.m. and 1:00 a.m. only for good cause and for the shortest possible time. Service may be interrupted between 1:00 a.m. and 7:00 for routine testing, maintenance and repair, except on nights commencing on Saturday and Sunday and on holidays. Scheduled or predictable service interruptions, except for weekly routine maintenance, insofar as possible shall be preceded by notice, which may be provided across the cable system. The interruptions shall occur during periods of minimum use of the system to the extent allowable. The grantee shall maintain a written log or an equivalent capable of access and reproduction of all service interruptions and requests for service, which log shall be available for village inspection during the franchise period.
B. 
Telephone lines. The grantee shall provide local toll-free or collect call telephone access to its subscribers within the franchise territory. Any calls should be answered by a customer service representative during normal business hours; calls outside this period may be answered by an automated response mechanism, but such calls should be returned by a grantee's representative within 12 hours. The grantee shall provide sufficient phone answering capabilities so that customers are receiving an appropriate level of service as noted in renewal criteria in federal cable law.
[Amended 4-17-2001 by Ord. No. 565]
C. 
Local office. The grantee shall provide a public business and service office, located within or near the village and convenient to subscribers, which shall be open during normal business hours. The office shall, at a minimum, be able to accept and process subscriber payments, service requests and customer complaints.
D. 
Installation. The grantee shall complete requests for subscriber installations within seven business days of order placement when the installation is within 150 feet of the existing cable system. Installation requests required to be honored under this chapter beyond the one-hundred-fifty-foot standard must be completed within 14 days. If the grantee fails to meet these standards, the grantee shall provide the subscriber with a free month of the requested service. The grantee may request the village toll these periods for reasonable circumstances beyond its control.
E. 
Repair standards. The grantee shall maintain a repair force capable, under normal operating circumstances, of responding to service interruption and degradation complaints made during Normal Business Hours within four hours. For complaints made outside normal business hours, the grantee must respond within 16 hours. For the purpose of this subsection, "response" shall mean at a minimum contacting the subscriber by phone or in person. Where a grantee misses either of these deadlines, the grantee must provide the subscriber with one month's free service. The grantee may request the village toll the repair period for reasonable circumstances beyond its control.
F. 
Service call scheduling. When the grantee needs to arrange a service appointment at a subscriber's location, the grantee must offer the subscriber a service window not to exceed four hours in duration. The grantee may not cancel a service window without the subscriber's consent. Where a grantee misses a service window, the grantee must provide the subscriber with one month's free service. The grantee may request the village toll the service call period for reasonable circumstances beyond its control.
G. 
Service interruptions and significant degradation. When the grantee has failed to provide a subscriber with appropriate service due to service outage or significant audio or video degradation not due to the subscriber's equipment or action, the grantee must notify the subscriber that the subscriber may request a rebate of any fees paid for the affected service(s) under the following schedule, and the grantee must provide such rebates. For the purposes of this section, the outage or degradation period shall begin when the subscriber provides notice to the grantee of the outage or degradation. For the purpose of this section, any complaints of outage or degradation by a subscriber within any month shall be cumulative. The grantee may request the village waive or modify the rebate provisions for reasonable circumstances beyond its control.
(1) 
For periods at least four hours long but under 24 hours, a rebate of 1/30 of the monthly fee for affected services for each instance.
(2) 
For periods of at least 24 hours, a rebate of 1/10 of the monthly fee for affected services for each twenty-four-hour period or portion thereof.
For the violation of any of the following provisions of this franchise, penalties shall be as follows and the village may determine the amount of the fine for other violations which are not specified in a sum not to exceed $500. For each violation, with each day constituting a separate violation.
A. 
Failure to furnish, maintain or offer all cable services to any potential subscriber within the village upon order of the village: $200 per day, per violation, for each day that such failure occurs or continues.
B. 
Failure to obtain or file evidence of required insurance, construction bond, performance bond or other required financial security: $200 per day, per violation, for each day such failure occurs or continues.
C. 
Failure to provide access to data, documents, records or reports to the village as required: $200 per day, per violation, for each day such failure occurs or continues.
D. 
Failure to comply with applicable construction, operation or maintenance standards: $200 per day, per violation.
E. 
Failure to comply with a rate decision or refund order: $200 per day, per violation, for each day such a violation occurs or continues. Grantor may impose any or all of the above enumerated measures against the grantee, which shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law.
F. 
Any violations for noncompliance with the customer service standards of § 79-28: $200 per day for each day, or part thereof, that such noncompliance continues.
G. 
Any other violations of this franchise agreement to be determined by the grantor in a public hearing but not specifically noted in this section: not exceed $500 per day, per violation.