[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.
The present governing body of the village or any future body
constituting the legislative body of the village.
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.
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.
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.
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.
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.
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.
Any person or entity legally receiving for any purpose the
services of a grantee herein.
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]
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]
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:
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]
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.
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.
