[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Editor's Note: This ordinance also repealed former Ch.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.
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.
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.
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.
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.
The City of Waterloo, State of Wisconsin, in its present
incorporated form or in any later recognized, consolidated, enlarged
or reincorporated form.
The present governing body of the City or any future body
constituting the legislative body of the City.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.