City of Waterloo, WI Chapter 154 Cable Television

[HISTORY: Adopted by the Common Council of the City of Waterloo 4-4-2013 by Ord. No. 2013-01.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 154, Cable Television, adopted 10-19-1987 by Ord. No. 87-6 as Ch. 20 of the 1987 Code, as amended.

§ 154-1 CATV Regulatory Board.

A. A Cable Television System Regulatory Board consisting of five members who shall be appointed by the Mayor is hereby created. The Regulatory Board shall be known as the "Waterloo CATV Regulatory Board." Upon creation of the Board, one Board member shall be appointed for a one-year term, two Board members shall be appointed for two-year terms, and two Board members shall be appointed for three-year terms. Thereafter, all members shall be appointed for three-year terms, with said terms ending April 15 of the final year of the term.

B. Annually, the Council shall approve the budget of the Waterloo CATV Regulatory Board. The Board shall operate on a fiscal year beginning on January 1 and concluding on the following December 31.

C. The functions and duties of the Waterloo CATV Regulatory Board shall be as follows:

(1) To resolve disputes or disagreements between subscribers and video service providers or cable operators after investigation should the subscriber and video service provider or cable operator not first be able to resolve their dispute or disagreement.

(2) To receive and audit reports submitted to the City as required by this chapter, as well as such other correspondence as may be submitted to the City concerning the operation of the CATV service, so as to ensure that the necessary reports are completed and filed pursuant to the terms of this chapter.

(3) To review rules and regulations adopted by the video service provider or cable operator incident to providing service to subscribers.

(4) To review rates and recommend any change to the Council as provided herein.

(5) To plan and develop production and programming on any dedicated access channels.

(6) To ensure that the video service provider or cable operator makes public access channels available to all residents of the City on a nondiscriminatory basis and to advise the video service provider or cable operator on procedural rules for this purpose.

(7) To assure that the operation of the public access channels is free of program censorship.

(8) To develop and assist in maintaining and updating the website for the community of Waterloo, Wisconsin.

(9) To adopt and implement policies and procedures for the use of the Waterloo, Wisconsin community website by individuals and community organizations.

(10) To solicit, review and provide recommendations to the Council to ensure compliance with this chapter.

(11) To perform such other duties as the Council may assign or as may be otherwise provided herein.

(12) To annually prepare and submit an operating budget to the Council.

(13) To adopt rules of operation, including rules relating to financial matters, method of authorization of expenditures and so on.

D. The Waterloo CATV Regulatory Board shall be authorized to expend such funds as have been approved in its operation budget for the maintenance and improvement of the system. No funds may be expended except as have been approved by the Council as evidenced by the annual operating budget.

§ 154-2 Incorporation of provisions of state law.

Any person who owns, leases, operates, controls, constructs or maintains a video service or cable television service shall comply at all times with the provisions herein when constructing, operating, or maintaining a video service or cable television service in the City. The provisions of §§ 66.0420, 66.0421, 66.0422 and 100.209, Wis. Stats., and the rules promulgated by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Ch. ATCP 123, Wis. Adm. Code, and the Wisconsin Department of Financial Institutions under § DFI-CCS 20, Wis. Adm. Code are hereby incorporated as though fully set forth herein. The additional provisions of this chapter supplement those provisions of the state statutes and rules and constitute an expression of the City's home rule authority.

§ 154-3 Subject to police powers.

Video service providers and cable operators are subject to the police power of the City to adopt and enforce general ordinances necessary to the safety, health, and welfare of the public. The grant of a statewide video or cable franchise does not render or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Wisconsin to regulate the use of streets and public ways or to regulate any matter affecting the safety, health and welfare of the public. The City shall make the video service provider's and cable operator's history of compliance with such codes and ordinances available to the Department of Financial Institutions so that the Department may determine the provider's or operator's legal, financial, and technical qualifications to provide video services.

§ 154-4 Definitions.

For the purpose of this chapter, terms, phrases, words and their derivations shall have the meaning given herein or the same meaning as those terms are defined in § 66.0420(2), Wis. Stats., which is incorporated by reference as though fully set forth 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 word "shall" is mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.

CITY

The City of Waterloo, State of Wisconsin, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.

COMMON COUNCIL

The present governing body of the City or any future body constituting the legislative body of the City.

STREET

The surface of and all rights-of-way and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the City which shall, within their proper use and meaning, entitle the video service provider or cable operator to the use thereof for the purposes of installing, repairing or maintaining poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a cable television system or video service infrastructure.

§ 154-5 Design, permits, construction, and excavation.

Video service providers and cable operators shall comply with all applicable City codes and ordinances, including any zoning ordinance regarding height and use restrictions and shall pay any compensation required by the City under § 66.0425, Wis. Stats., or, except as provided in a regulation under § 182.017(1r), Wis. Stats., any permit fee, encroachment fee, degradation fee or any other fee, for the occupation of or work within public rights-of-way. The City may make the history of compliance with such codes and ordinances available to the Department of Financial Institutions so that the Department may determine the video service provider's or cable operator's legal, financial, and technical qualifications to provide video services.

§ 154-6 Compliance with construction and technical standards.

The video service provider or cable operator shall construct, install, operate, and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, and FCC technical standards and specifically as follows:

A. Permit required for work. The video service provider or cable operator shall secure a permit from the City Engineer for any improvements constructed in the public right-of-way in accordance with the City Code. All construction must conform to all City policies and permit requirements. Pursuant to state law, permit applications to use any municipal right-of-way shall be deemed granted within 60 days if no action is taken by the City, and the City shall provide the reason for any denial to the video service provider or cable operator in writing.

B. Construction and maintenance practices. Construction, installation, and maintenance of the cable television system shall be performed in an orderly and workmanlike manner. All working facilities and conditions used during construction, installation and maintenance of the cable television system shall comply with the standards of the Occupational Safety and Health Administration.

C. Construction standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel, and bundled with due respect for engineering considerations.

D. Road cuts. The video service provider or cable operator shall not use road cuts, trenchless or subsurface methods for laying of cables or wires without the prior written approval of the City. Said written approval shall be in the form of a permit issued by the City Engineer as referenced in Subsection A above.

E. Compliance with applicable codes. The video service provider or cable operator shall at all times comply with the applicable:

(1) National Electrical Safety Code (National Bureau of Standards);

(2) National Electrical Code (National Bureau of Underwriters);

(3) Applicable FCC or other federal, state, and local regulations.

F. Antennas. Any antenna structure used in the cable television system or video service infrastructure shall comply with construction, marking, and lighting of antenna structures, required by the United States Department of Transportation.

G. Restoration to prior condition. In case of any disturbance of pavement, sidewalk, landscaping, driveway or other surfacing, the video service provider or cable operator shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway, landscaping, and streets or alleys, including any subbase which was disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by the City Engineer. The video service provider or cable operator must provide erosion control, backfilling and compaction, and restoration to meet City specifications. After 30 days, if restoration measures are not performed to the reasonable satisfaction of the City Engineer, the City may undertake remedial restoration activities, such activities to be performed at the video service provider's or cable operator's cost.

§ 154-7 Facilities in rights-of-way.

A. No interference with persons or improvements. The video service provider's or cable operator's system, poles, wires, and appurtenances shall be located, erected, and maintained so that none of its facilities shall endanger or interfere with the lives of persons or interfere with the rights or reasonable public convenience, health, safety, or welfare of property owners who adjoin any of the streets and public ways, or interfere with any improvements the City may make, or hinder or obstruct the free use of the streets, alleys, bridges, easements or public property.

B. Location of cables in easement. In all areas of the City where all cables, wires, and other like facilities of public utilities are placed underground, the video service provider or cable operator shall place its cables, wires and other like facilities underground. When all public utilities relocate their facilities from pole to underground, the video service provider or cable operator must concurrently do so.

C. Location and installation of poles. Erection and removal of poles shall be in accordance with the following:

(1) Written City approval required. No poles, other wire-holding structures or utility cabinets shall be erected by the video service provider or cable operator without prior written approval of the City with regard to location, height, types, operation and any other pertinent aspect.

(2) No interference with other utility facilities. No poles, other wire-holding structures or utility fixtures shall be erected by the video service provider or cable operator that interferes with any gas, electric, telephone, water hydrant, water main or other fixture.

(3) Specific siting of poles and fixtures. All such poles or other fixtures placed in any street shall be placed between the outer edge of sidewalk and the curb line, 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 and public ways.

(4) Removal of poles. No location of any pole or wire-holding structure of the video service provider or cable operator shall be a vested interest, and such poles or structures shall be removed or modified by the video service provider or cable operator at its own expense whenever the City determines that the public health, safety or welfare would be enhanced thereby.

D. Common use of poles.

(1) Use by other providers. Each video service provider or cable operator shall use existing poles whenever possible, providing mutually satisfactory agreements can be entered into, and shall not construct or install any new, different, or additional poles in the streets until the video service provider or cable operator obtains the City's written approval.

(2) Use by the City.

(a) The City may require a video service provider or cable operator to permit City use of the poles or other wire-holding structures of the video service provider or cable operator at a charge equal to the video service providers' or cable operators' costs with respect to the space occupied by the City, where the City's use:

[1] Is required by the public convenience and necessity;

[2] Will not result in irreparable injury to the video service provider, cable operator or any user of the poles or other wire-holding structures; and

[3] Will not result in substantial detriment to the services to be rendered by the video service provider, cable operator or any user of the poles or other wire-holding structures.

(b) The City shall indemnify and hold harmless the video service provider or cable operator from any claim that might arise due to or as a result of the City's use.

E. Relocation of facilities. If at anytime during the period of the franchise the City shall lawfully elect to alter, or change the grade of any street, alley or other public ways or alter or change the location or width of any street and/or any municipal underground facilities, the video service provider or cable operator, upon reasonable notice by the City, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

F. Cooperation with building movers. The video service provider or cable operator shall, at the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person making the request, and the video service provider or cable operator shall have the authority to require such payment in advance. The video service provider or cable operator shall be given at least 10 days' advance notice to arrange for such temporary wire changes.

G. Tree trimming. The video service provider or cable operator shall not remove any tree or trim any portion of any tree within any street without the prior consent of the City, except in an emergency situation. The video service provider or cable operator shall provide notice to any affected residents at the same time that the video service provider or cable operator applies to the City for consent to perform tree trimming. The City shall have the right to do the trimming requested by the video service provider or cable operator at the cost of the video service provider or cable operator. Regardless of who performs the work requested by the video service provider or cable operator, the video service provider or cable operator shall be responsible, shall defend and hold the City harmless from any and all damages to any tree as a result of the video service provider's or cable operator's trimming, or to the property surrounding any tree, whether such tree is trimmed or removed.

H. One-call system. The video service provider or cable operator or its designee shall contact the one-call system, in accordance with § 182.0175, Wis. Stats., before commencing any construction. The video service provider or cable operator acknowledges that private sanitary sewer, water and stormwater laterals are not part of the one-call system and will take necessary measures to have these located by the owner. The video service provider or cable operator shall be responsible for all damaged laterals and shall repair the laterals at its own expense.

I. Violation of these provisions. If any construction, installation or occupancy of video service provider or cable operator property in a street is in violation of the provisions of this section or any other City ordinance, the video service provider or cable operator, upon reasonable notice by the City, shall remove and relocate its property in such a manner as to remedy such violation, at the video service provider's or cable operator's own expense.

§ 154-8 Fees.

A. Video service provider fee. Video service providers and cable operators shall pay a video service provider fee to the City in an amount equal to 5% of the provider's gross receipts.

B. Supporting documentation. Payment of the fees set forth in Subsection A above shall be accompanied by documentation verified by an agent or officer with the authority to legally bind the provider that is sufficient for the City to verify the accuracy of the fees being paid by the provider.

§ 154-9 Public, educational and government access (PEG) channels.

A. Number of PEG channels. Video service providers and cable operators shall provide capacity for two PEG channels. The time on these channels shall be allocated to provide public, educational and government access programming to the community.

B. Location of PEG channels. Video service providers or cable operators shall not charge an extra fee nor require the rental of special equipment in order for their customers to view such PEG channels if such fees or equipment are not required to view any of the non-PEG channels.

C. Quality of PEG channels. Video service providers and cable operators shall not carry a PEG television signal in a lesser format or lower resolution than that afforded to other program services carried on the video or cable system. The signal quality of PEG channels shall be indistinguishable or better than the signal of other non-PEG channels carried by the video service provider or cable operator.

D. Upstream capacity. Video service providers and cable operators shall supply and maintain upstream capacity from all current origination points (also known as "live drops") and shall provide sufficient capacity for carriage of a television signal from these origination points at all times. The two origination points are located in the Waterloo City Hall and the Waterloo High School.

E. Procedures for disconnection due to failure to substantially utilize PEG channel.

(1) Advance notification. A video service provider or cable operator must provide 60 days' advance written notification to the City that the video service provider or cable operator intends to disconnect, reprogram or drop a PEG channel. The video service provider or cable operator may not disconnect, reprogram or drop any PEG channel unless the City and the video service provider or cable operator have first participated in and completed good faith discussions regarding any dispute as to whether the City has substantially utilized the PEG channel.

(2) Right of the City to certify substantial utilization. The video service provider or cable operator may not disconnect, reprogram or drop any PEG channel if the City certifies to the video service provider or cable operator that the PEG channel will be substantially utilized by the City.

(3) Violation of these provisions. If any video service provider or cable operator disconnects, reprograms, or drops any PEG channel in violation of this subsection, the video service provider or cable operator shall immediately reinstate the PEG channel to its location in the channel lineup prior to the disconnection, reprogramming or dropping of the PEG channel and shall be subject to a forfeiture of not less than $500, nor more than $5,000, for each day that the PEG channel is disconnected, reprogrammed or dropped.

F. Underwriting of programming. Nothing herein shall in any way prohibit or prevent PEG channels from accepting grants or sponsorships in support of such programming nor shall PEG channels be prohibited from acknowledging such grants or sponsorships before, during or immediately after such PEG programming has been broadcast in such a manner that is similar to the manner in which the PBS acknowledges the substantially similar support of its programming content. Such acknowledgements shall comply with the requirements of 47 U.S.C. § 399b as though the PEG channel were a public broadcast station. The City reserves the right to explore commercial programming and advertising options.

G. Notice of intention to move PEG channel locations/designations. Any video service provider or cable operator who intends to move any PEG channel from the channel designations in effect at the time this chapter is enacted may only make such a change after providing 60 days' advance written notice to the City. Additionally, such video service provider or cable operator shall engage in a public education program of such intensity and duration as to reasonably inform the general public of the proposed PEG channel designations.

§ 154-10 Nonenforcement by City.

The provider shall not be relieved of any obligation by reason of any failure of the City to enforce prompt compliance with any provision of this chapter, the Wisconsin statutes, federal law, or any rules or regulations.

§ 154-11 Severability.

Should any word, phrase, clause, sentence, paragraph or portion of this chapter be declared to be invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of this chapter as a whole, but shall only affect the portion thereof declared to be invalid, and the Common Council hereby expressly states and declares that it would nonetheless have passed this chapter and granted the franchise had it known that any such word, phrase, clause, sentence, paragraph or portion of said chapter or franchise was invalid.

§ 154-12 Rights reserved by City.

The right is hereby reserved by the City 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 be in conflict with the rights granted in this chapter and not be in conflict with the laws of the state.

§ 154-13 Penalties.

Except as otherwise provided herein, any person violating or failing to comply with any of the provisions of this chapter shall be subject to a forfeiture, for each day of violation or failure to comply, of not less than $300 nor more than $2,000.