[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster 7-12-2016 by Ord. No. 866.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Intergovernmental relations — See Ch. 24.
[1]
Editor's Note: This ordinance also repealed former Ch. 61,
Cable Television, adopted as Ch. 4A of the 1972 Code, as amended through
1990.
As used in this chapter, the following terms shall have the
meanings indicated below. Words not defined herein shall have the
meaning set forth in the Cable Communications Policy Act of 1984,
as amended, 47 U.S.C. § 521 et seq., or, if not defined
therein, their common and ordinary meanings:
Any tier of cable service which includes the retransmission
of local television broadcast signals or access channels.
A television or radio signal that is transmitted over the
air and is received by a cable television system off the air, by satellite,
by microwave or by direct connection to a broadcasting station.
The Cable Communications Act of 1984, as amended, 47 U.S.C.
§ 521 et seq., and as may hereafter be amended.
Shall have the meaning given it under the Cable Act.
Shall have the meaning given it under the Cable Act.
Shall have the meaning given it under the Cable Act.
A subscriber who receives a service in a place of business,
where the service may be utilized in connection with a business, trade
or profession or institution.
Any channel where educational authorities are the designated
programmers.
The Federal Communications Commission.
The separate agreement by which a franchise is granted to
a franchisee, pursuant to this chapter.
Any provider of a cable communications system that receives
a franchise pursuant to this chapter.
All revenues, without any deduction for cost or expense,
derived, directly or indirectly, by the franchisee, its affiliates,
subsidiaries, parents and any other person in which the franchisee
has a financial interest from the franchisee's operation of a
cable system in the City to provide cable service.
Any channel as to which the City or other local governments
or agencies are the designated programmers.
Any person, firm, corporation, institution or entity who
or which produces or otherwise provides program material for transmission
by video, audio, digital or other signals, either live or from recorded
tapes or films or by other means, to the subscriber by means of the
cable system.
Any channel where any member of the general public may be
a programmer on a first-come-first-served nondiscriminatory basis.
The surface of the space above and below any public street,
avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park,
parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way,
public utility easement, public utility and any other public ground
or water subject to the jurisdiction and control of the City of Westminster.
A subscriber who receives a service in an individual dwelling
unit, where the service is not to be utilized in connection with a
business, trade, profession or institution.
The geographic area in which a franchisee provides cable
service.
Any person, firm, institution, corporation or other entity
who or which elects to receive, for any purpose, a service provided
by the franchisee by means of or in connection with the cable television
system.
Each extension wiring from the franchisee's distribution
lines to a subscriber point of use.
A.
A person may apply, in writing, for a cable franchise. A written
application for a franchise submitted to the Council shall contain
the following information:
(1)
The name, address and form of business of the applicant. If the applicant
is a corporation, it shall also state the percentage of ownership
and the names, addresses and occupations of its officers, directors
and major stockholders (1% or more) and the names and addresses of
any parent or subsidiary companies. If the applicant is a corporation
controlled by another corporation, the names, addresses and occupations
of the officers, directors and major stockholders (owner of 1% or
more) of the controlling corporation shall also be stated. If the
applicant is a partnership or other unincorporated association, the
percentage of ownership and the name and address of each member, whether
active or inactive, shall be set forth, and, if one or more partners
are corporations, the names, addresses and occupations of such corporation's
officers, directors and major stockholders shall also be stated. It
shall also specify the names and technical and professional qualifications
and career backgrounds of the persons who will manage the system proposed
by the applicant.
(2)
A list of all other cable television systems, if any, in which the
applicant or any partner or major stockholder of the applicant has
a substantial interest (1% or more), stating the location, approximate
number of homes served and the name and address of the local franchising
body.
(3)
A thorough description of the proposed cable television system to
be installed and operated, the time schedule for such installation
and the manner in which the applicant proposes to conduct, install,
maintain and operate the same.
(4)
A statement setting forth all agreements and understandings, whether
written, oral or implied, existing between the applicant and any person,
firm or corporation with respect to the proposed franchise or the
proposed cable system operation. If a franchise is granted hereafter
to a person, firm or corporation posing as a front or as the representative
of another person, firm or corporation, and such information is not
disclosed in the original application, such franchise shall be forfeited
and the franchisee shall forfeit all revenues and any bond to the
City.
(5)
A financial statement prepared by a certified public accountant or
person otherwise satisfactory to the Council and/or such other financial
documents as may be required by the Council, showing the applicant's
financial status and its financial ability to construct and operate
the proposed cable system.
B.
The Council may, at any time, demand, and the applicant shall provide,
such supplementary, additional or other information as the Council
deems reasonably necessary to show the applicant's true ownership
and control and financial, technical and character qualifications.
C.
The applicant shall specifically set forth that it will comply with
each of the provisions of this chapter and/or City rules and regulations
related thereto.
D.
The applicant may submit any other information it feels relevant
or that will enhance its proposal.
E.
The applicant will accompany its application with a check, made payable
to the City, in the amount of not less than $1,000 to help defray
the administrative costs involved in the processing of applications.
No part of this sum shall be refundable. In addition, the successful
bidder shall remit to the City the difference between the application
deposit received and the actual prefranchise award administrative
costs, including attorneys' fees, incurred by the City, if any.
Payment must be received by the City prior to its execution of the
franchise agreement.
A.
To the extent permitted by law, the Council reserves the right to
reject any application. The Council, following the receipt of an application,
may hold a public hearing to hear comments on the application, and
may give the public 30 days' advance notice of any such hearing
by publishing the notice in a newspaper of general circulation in
Carroll County. At such public hearing, if any, the applicant shall
be requested to make a presentation and answer questions propounded
by the public or Council relating to any aspect of its application.
B.
Following the public hearing, although not necessarily on the same
date, the Council may grant or deny an application or take such action
empowered to it by law.
C.
By resolution, the Council may grant a franchise for a cable system
to any applicant as may appear from its application to be, in the
Council's reasonable judgment, appropriately qualified to render
safe and efficient cable service to residents in the service area.
If favorably considered, the application submitted shall constitute
and form part of the franchise agreement, except as otherwise indicated
in the franchise agreement.
A.
General provisions. Any franchise granted hereunder shall be subject
to the right of the Council:
(1)
To terminate the same for misuse or failure to comply with any material
provisions of this chapter, a franchise agreement, or any federal,
state or local laws, ordinances, rules or regulations.
(2)
To control and regulate the use of its streets, alleys, bridges and
public places and the space above and beneath them. Each franchisee
shall pay such part of the cost of improvement or maintenance of streets,
alleys, bridges and public places as shall arise from the franchisee's
use thereof and shall protect and save the county, City, the Council,
their agents, employees and servants harmless from all claims and/or
damages arising from said use.
(3)
To require joint use of the property and appurtenances of each franchisee
located in the streets, alleys and public places of the City by the
Council and insofar as such joint use may be reasonable and practicable.
(4)
To inspect all construction or installation work performed subject
to the provisions of the franchise agreement and this chapter and
any amendments, rules or regulations thereunder and make such inspections
as it shall feel necessary to ensure compliance therewith. However,
the franchisee shall remain primarily responsible for design and installation
and for compliance with all requirements.
(5)
To require, at the expiration of the term for which this franchise
is granted, or upon the termination and cancellation as provided herein,
the franchise to remove, at its own expense, any and all portions
of the cable system from the public ways within the service area within
a reasonable period of time, as established by the Council.
B.
Transfer or assignment.
(1)
The franchise shall not be transferred or assigned, either in whole
or in part, or leased, sublet or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right, interest or
property therein pass to or vest in any person, corporation, association
or other entity, either by act of the franchisee or by operation of
law, without the written consent of the Council and under such terms
and conditions as the Council may require.
(2)
A transfer, within the meaning of Subsection B(1), requiring Council consent shall occur where control of more than 25% of the franchise is proposed to be acquired by a person, partnership, association, corporation or group of persons acting in concert, none of whom own or control 25% or more of such right of control, singularly or collectively, at the time the franchise is granted. By its acceptance of a franchise, the franchisee specifically acknowledges and agrees that any such acquisition occurring without prior approval of the Council shall constitute a material violation of a franchise.
C.
A franchise shall be for a term not to exceed 15 years. All franchises
shall be nonexclusive, and the City specifically reserves the right
to grant a similar use of the streets, lanes, avenues, sidewalks,
alleys, bridges, rights-of-way, utility poles and other public places
to any person at any time during the period of any franchise.
D.
Unless a franchise agreement otherwise provides, a franchisee's
application for a franchise shall be incorporated by reference in
the franchise agreement. The franchise agreement shall contain such
further conditions or provisions as may be negotiated by the Council
and the franchisee. In case of conflict or ambiguity between any terms
or provisions of the franchise agreement and this chapter, the terms
of the franchise agreement shall control if otherwise permitted by
law.
E.
The franchisee shall erect, maintain and operate a cable system on,
in, under, over, along, across or upon the streets, lanes, avenues,
sidewalks, alleys, bridges, easements, rights-of-way, utility poles
and other public places in the City, and subsequent additions thereto,
solely in accordance with the laws and regulation of the United States
of America, the State of Maryland and the ordinances and regulations
of the City. Detailed plans and specifications for the installation
of works or improvements authorized herein shall first be approved
by the City and shall be inspected by the City during construction
to ensure quality control and compliance to plans, specifications
and applicable costs.
F.
Public utilities agreements.
(1)
A franchisee shall, when and where practicable, lease, rent or in
any other lawful manner obtain the use of towers, poles, conduits,
lines, cables and other equipment and facilities from present holders
of public licenses and franchises within the corporate limits of the
City, including the Baltimore Gas and Electric Company, Potomac Edison
and Verizon Maryland Inc., and said towers, poles, conduits, lines,
cables, and other equipment and facilities on such terms as agreed,
subject to all existing and future ordinances and regulations of the
county.
(2)
Wherever such facilities are not reasonably available from the sources specified in Subsection F(1) hereof, the franchisee shall, subject to the City's consent and conditions, have the right to erect and maintain its own poles, conduits and related facilities as may be necessary for the proper construction and maintenance of its cable television distribution system, subject to applicable laws, ordinances and regulations and restrictions of titles.
G.
Facilities erected by franchisee.
(1)
All transmission and distribution structures, lines and equipment
erected by a franchisee within the City shall be so located as to
cause minimum interference with the proper use of streets, alleys,
and other public ways and places and to cause minimum interference
with the rights of reasonable convenience of property owners who adjoin
any of said streets, alleys or other public ways and places. Any opening
or obstruction in the streets or other public places made by the franchisee
in the course of its operations shall be guarded and protected at
all times by the placement of adequate barriers, fences or boardings,
the bounds of which, during periods of dusk and darkness, shall be
clearly designated by warning lights.
(2)
In the event that, at any time during the period of a franchise,
the City shall lawfully elect to alter or change the grade of any
public street, water main or sewer main, the franchisee, upon reasonable
notice by the City, shall remove, relay and relocate its poles, wires,
cables, underground conduits, manholes and other telephone fixtures
at its own expense.
(3)
A franchisee shall not place new poles or other fixtures where the
same will interfere with any gas, electric or telephone fixtures,
water hydrant or main, sewer main, sewer and water services or other
fixtures placed in any street and shall, where practicable, be placed
at the outer edge of the sidewalk and inside the curbline, and those
placed in alleys shall be placed close to the line of the lot abutting
on said alley and then in such a manner as not to interfere with the
usual travel on said public streets.
(4)
A franchisee shall, upon the request of any person holding a building
moving permit, 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 requesting the same,
and the franchisee shall have the authority to require such payment
in advance. The franchisee shall be given no less than 48 hours'
advance notice to arrange for such temporary wire changes.
(5)
A franchisee shall be required to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the City so as to
prevent the branches of such trees from coming in contact with the
wires and cables of the franchisee, all trimming to be done at the
expense of the franchisee.
H.
The construction and maintenance of a cable system, including house
connections, shall be in accordance with the provisions of the National
Electrical Safety Code, prepared by the National Bureau of Standards,
the National Electrical Code of the National Board of Fire Underwriters
and such applicable laws and regulations of the City, county, State
of Maryland and of the United States affecting such installations,
which may be presently in effect or may be from time to time in the
future in effect, including a securing of all permits for such construction
and maintenance required by applicable law. All structures, equipment,
lines and connections shall be of permanent nature, durable and installed
in accordance with good engineering practice and maintained in a safe,
suitable and substantial condition in good order and repair, wherever
situated or located.
I.
Copies of all petitions, applications and communications by or to
the franchisee involving the Federal Communications Commission, Securities
and Exchange Commission or any other state, county or City regulatory
commission, agency or department having jurisdiction in respect to
any matters affecting the franchisee shall also be furnished simultaneously
to the City by the franchisee.
J.
The franchisee or applicant for a franchise shall have all necessary
permits and authorizations required in the conduct of its business.
K.
Upon granting of any franchise as herein contemplated, the franchisee
shall, throughout the life of such franchise, keep the City fully
informed with respect to the matters specified below, and the failure
to disclose such information during the life of such franchise shall
be considered a material violation of the franchise and subject such
franchise, at the discretion of the Council, to suspension or termination.
(1)
Each franchisee shall allow the City to audit all of its accounting
and financial records upon reasonable notice; make available all of
its plans, contracts and engineering, statistical, customer and service
records relating to its system and to all other records required to
be kept hereunder; and at all times maintain complete and accurate
books of accounts, records of its business and operations and all
other records required by this specification.
(2)
Each franchisee shall file annually with the City a report indicating
all persons who, at any time during the preceding year, did control
an interest in the franchise of 1% or more, setting forth for each
the extent of this interest, and all creditors, secured and unsecured,
in excess of $1,000, setting forth for each the amounts owed.
(3)
Each franchisee shall annually file a report detailing maintenance,
state of the art, improvements, signal strength and signal quality
at the subscriber end of the system.
(4)
Each franchisee shall also file annually such other information concerning
its operating as may be required by the City. The City shall retain,
throughout the life of any franchise granted pursuant to this chapter,
the right to demand such supplemental, additional or other information
as above noted, and, upon proof of the failure to supply such information
upon reasonable demand, the franchise under which any applicant may
be operating may, at the option of the City, be suspended upon order
of the Council until such information is forthcoming.
(5)
Each franchisee shall file a plan on an annual basis showing its
plans for extending its service to those parts of the service area
unserved at that time.
(a)
Installation and maintenance of equipment shall be such that
video programming signals shall be transmitted with full fidelity
to any subscriber receiver. The franchisee shall maintain its service
in accordance with such reasonable standards regarding uniformity
of transmission, noise levels and channel signal voltages as may,
from time to time, be established by the FCC or other body within
its lawful authority.
(b)
Whenever it is necessary to shut off or interrupt service for
the purpose of making repairs, adjustments or installations, the franchisee
shall do so at times as will cause the least amount of inconvenience
to its customers, and, unless such interruption is unforeseen and
immediately necessary, it shall give reasonable notice thereof to
its customers.
L.
Use of channels.
(1)
A franchisee shall provide public, educational, and governmental
access channel capacity and facilities as provided in its franchise
agreement.
(2)
The franchisee is prohibited from censoring any program which is
cablecast over public, educational or governmental access channels,
except such censoring as is required by FCC or other applicable laws
or regulations.
(3)
The public, educational and government access channel capacity shall
be made available free of charge and placed on the basic service tier.
Charges for use of equipment and personnel to produce public access
programming may be made, but shall be reasonable and consistent with
the goal of affording users a low-cost means of television access.
No equipment, personnel or production charges shall be made for live
public access programs not exceeding five minutes in length per day.
(4)
The system shall be engineered to provide an audio alert system to
allow authorized officials, as designated by the City, to automatically
override the audio signal on all channels and transmit and report
emergency information.
M.
State of the art. The franchisee shall continually upgrade its facilities,
equipment and service so that its system is as advanced as the current
state of technology will allow. Compliance with this provision shall
be determined by the City.
N.
A franchisee shall provide free installation and basic service to
municipal buildings, fire stations, schools, hospitals, jails and
libraries to the extent provided in its franchise agreement.
O.
Interconnection. The franchisee shall be capable of interconnecting
its system, or any part thereof, with any other broadband communications
facility operating in the City or county and/or the adjacent jurisdictions.
The interconnection shall be made within 60 days of an order by the
Council to proceed, unless, for good cause shown by the franchisee,
a reasonable time extension is granted by the City.
P.
Apartment buildings. No franchisee shall be required to pay any fee to the building owner(s) to provide cable television service to any member of the public in any privately owned buildings that are in the City. Each franchisee shall report to the City any building owner who requests a fee from the franchisee as a condition for allowing the franchisee to install a cable system service in the building owner's building. A franchisee is expressly prohibited from entering into any agreement with an owner of a building containing multiple dwelling units that would increase the rates or increase or decrease services to a subscriber residing in the dwelling, other than with medical organizations or education or charitable institutions; however, this shall not contravene the provision of Subsection N above.
Q.
Repair. Any damage caused to the property of building owners, users
or any other person by the franchisee shall be repaired by the franchisee.
R.
Removal of facilities upon request. Upon termination of service to
any subscriber, the franchisee shall promptly remove all its facilities
and equipment from the premises of such subscriber upon his written
request. The franchisee shall not charge a fee for the same.
A.
General provisions.
(1)
Termination and surrender.
(a)
A failure of the franchisee to commence to render cable service
to the residents of the service area, as contemplated and provided
for by its franchise agreement, shall be a material violation of the
franchise, and in such a circumstance, the City shall have the right
to revoke this franchise and all rights of the franchisee thereunder.
(b)
If the franchisee shall fail to comply with any of the provisions
of this chapter or default in any of its obligations, except for causes
beyond the reasonable control of the franchisee, as heretofore provided,
and shall fail, within 30 days after written notice from the City,
to correct such default or noncompliance, the City shall consider
this as a material violation of the franchise and, therefore, have
the right to revoke this franchise and all rights of the franchisee
hereunder.
(c)
Upon the termination of this franchise or any renewal thereof,
the franchisee shall remove its posts, poles and all aboveground equipment
from the streets, lanes, sidewalks, highways, alleys, bridges and
other public places in the service area and shall restore such streets,
lanes, highways, sidewalks, alleys, bridges and other public places
to their original condition. Following termination of this franchise,
any property owned by the franchisee and not removed from City properties
within six months from the termination date will become the property
of the City to do with as it may choose. Any cost occurring to the
City in removing the franchisee's former possessions from City
streets or land will be a claim against the franchisee.
(d)
The franchisee may surrender its franchise at any time upon
filing with the City a written notice of its intention to do so at
least 60 days before the surrender date. On the surrender date specified
in such notice, all the rights and privileges and all of the obligations,
duties and liabilities of the franchisee under this chapter shall
cease and terminate, except that the franchisee shall have an additional
six months to remove its plant and equipment from City streets and
all other public lands upon which it is located. At the end of said
six months, any property owned by the franchisee and not removed from
City properties will become the property of the City to do with as
it may choose. Any costs occurring to the City in removing the franchisee's
former possessions from City streets or land will be a claim against
the franchisee.
(2)
In order that the City may exercise its option to take over the facilities
and property of the system, as authorized herein, upon expiration
or forfeiture or revocation of the rights and privileges of the franchisee,
the franchisee shall not make, execute or enter into any deed, deed
of trust, mortgage, contract, conditional sales contract or any loan,
lease, pledge, sale, gift or any other agreement concerning any of
the rights, facilities or property, real or personal, of the system
without prior approval of the Council and upon the Council's
determination that the transaction proposed by the franchisee will
not be harmful to the rights of the City under this franchise; provided,
however, that this section shall not apply to the disposition or replacement
of worn out or obsolete facilities or personal property in the normal
course of carrying on the CATV[1] business or to routine contractual relationships entered
into in the ordinary course of the cable business.
[1]
Editor's Note: "CATV" refers to community antenna television
system.
B.
Any franchise granted hereunder shall, at the option of the Council,
cease and terminate upon the appointment of a receiver or receivers
or trustee or trustees to take over and conduct the business of the
franchisee, whether in a receivership, reorganization, bankruptcy
or other similar action or proceeding. In the case of a foreclosure
or other judicial sale of the plant, property and equipment of the
franchisee or any part thereof, including or excluding this franchise,
the Council may serve notice of termination upon the franchisee and
the successful bidder at such sale, in which event the franchise herein
granted and all rights and privileges of the franchisee hereunder
shall cease and terminate 30 days after service of such notice, unless:
A franchisee shall not oppose intervention by the City in any
suit or proceeding to which the franchisee is a party.
A.
A franchisee shall maintain, within 20 miles of the service area,
a local business office or designated agent for the purpose of receiving
and resolving all complaints regarding the quality of service, equipment
malfunctions and other similar matters.
B.
A franchisee shall provide a toll-free telephone number at which
subscribers may contact the franchisee or agent thereof on a twenty-four-hour
basis in the case of emergencies and shall list such number in the
local telephone directory and shall notify its subscribers of such
service.
C.
Complaints by any subscriber may be filed with the franchisee, in
writing, or delivered to the franchisee orally, in person or by means
of the telephone.
D.
Any complaints received from subscribers shall be investigated by
the franchisee and service restored at least within 48 hours of their
receipt. In the event that service is not restored within 48 hours,
the subscriber shall be credited with a reduction in his monthly payment
for each full day or portion of a day that such service is not restored
by determining from the monthly charge the prorated charge for each
day's service, then multiplying said daily charge by the number
of days during which service was not wholly restored and subtracting
the result from the monthly charge.
E.
The franchisee shall keep a maintenance service log that will indicate
the nature of each complaint, the name of the employee of the franchisee
receiving the complaint, the date and time it was received, the disposition
of the complaint and the time and date thereof. In said log, the franchisee
shall state the specific steps taken by the company to remedy the
complaint. This log shall be made available for periodic inspection
by the City.
F.
The procedure for reporting and resolving complaints shall be stated,
in writing, by the franchisee to each subscriber at the time of initial
subscription to the cable system.
G.
A franchisee shall maintain the staff and facilities needed to handle
properly system maintenance and complaints.
H.
A franchisee shall maintain a duty roster of qualified technicians
to respond to complaints or malfunctions at other than normal office
hours.
A.
Liability and indemnification of the City and Council. A franchisee
shall indemnify and hold harmless the City and Council, its agents,
servants, officials and employees at all times, and by entering into
franchise agreement, specifically agrees that it will pay all damages
and costs which the City or Council or its agents, servants, officials
or employees may be legally required to pay arising from the franchise
granted herein. Such damages and penalties shall include but not be
limited to damages arising out of copyright infringements and other
damages arising out of the installation, operation or maintenance
of the cable system authorized, allowed or prohibited by the franchise.
In the event that suit shall be filed against the City, Council or
its agents, servants, officials or employees, either independently
or jointly with the franchisee, to recover for any claim or damages,
the franchisee, upon notice to it by the Council, shall defend the
Council, City or its agents, servants, officials or employees, as
the case may be, against the action, and in the event of a final judgment
being obtained against any of them, either independently or jointly
with the franchisee by reason of the acts of the franchisee, the franchisee
will pay said judgment and all costs and legal fees and hold the City
and Council, its agents, servants, officials and employees harmless
therefrom.
B.
Faithful performance bond. A franchisee shall, concurrently with
its acceptance of a franchise, file with the Council, at the franchisee's
sole expense, a corporate surety bond with a responsible company approved
by the Council and licensed to do business in Maryland, in the amount
of not less than $75,000, renewable annually and conditioned upon
the faithful performance of the franchisee and upon the further condition
that, in the event that the franchisee shall fail to comply with any
one or more of the provisions of the franchise agreement or this chapter,
there shall be recoverable, jointly and severally from the principal
and surety of such bond, any damages or loss suffered by the City
or subscribers as a result thereof, including the full amount of any
compensation, indemnification or cost of removal or abandonment of
any property of the franchisee as prescribed hereby, plus a reasonable
allowance for attorney's fees and costs, said condition to be
a continuing obligation on the part of the franchisee to the Council
that may arise from the acceptance of the franchise or its renewal
or from the exercise of any privilege or right herein granted. The
bond shall provide that at least 30 days' prior written notice
of intention not to renew or to cancel or of any material change shall
be given by the surety company by filing the same with the City.
C.
Insurance.
(1)
A franchisee shall carry insurance in such forms and in such companies
as shall be approved by the City, such approval not to be unreasonably
withheld, to protect the City, Council, its agents, servants, officials
and employees and the franchisee from and against any and all claims,
injury or damage. The insurance policies and performance bonds obtained
by the franchisee in compliance with this and other sections shall
be issued by a company or companies acceptable to the City, and a
current certificate or certificates of insurance and bonding, along
with written evidence of payment of all required premiums, shall be
filed and maintained with the City during the term of the franchise
and prior to the commencement of construction. Said policies shall
name the City as an additional insured and shall contain a provision
that a written notice of cancellation or reduction in coverage of
said policy shall be delivered to the City 30 days in advance of the
effective date thereof. The policies shall protect the City, Council,
their agents, servants, officials and employees and the franchisee
from and against any and all claims, injury or damage to persons or
property, both real and personal, caused by the construction, erection,
operation or maintenance of the system. The amount of such insurance
shall be in the discretion of the Council, but not be less than the
following:
(2)
Workers' compensation insurance shall also be provided as required
by laws of the State of Maryland.
D.
Nonwaiver. Neither the provisions of this section nor any bonds accepted
by the Council or City pursuant hereto nor any damage recovered by
the City thereunder shall be construed to excuse unfaithful performance
by the franchisee or limit the liability of the franchisee under this
chapter or the franchise for damages, either to the full amount of
the bond or otherwise.
A.
A franchisee shall extend its cable system throughout the service
area covered by its franchise as rapidly as practicable, or as directed
by the City, but not later than five years following the issuance
of the franchise.
B.
A franchisee shall file a map and program report with the City at
the close of each calendar year, showing the exact area of the City
being served by the cable system, the location and identification
of major component parts of the system and plans for future service
extensions by year.
A.
Annual fee. During the term of any franchise granted pursuant to
this chapter, the franchisee shall pay to the City, as compensation
for its use of its streets and public ways and other facilities, as
well as the City's maintenance, improvements and supervision
thereof, an annual franchise fee based upon a percentage of the annual
gross revenues derived from the franchisee's operation of a cable
system within the City to provide cable service. The percentage amount
of the franchise fee shall be set forth in the franchise agreement.
The franchise fee shall be in addition to, and not offset against,
any other tax or payment owed to the City by the franchisee. In this
connection, "franchisee" shall include any person, entity or firm
that is a subsidiary of the franchisee or part of a controlled group,
as defined by the Internal Revenue Code.
B.
Method of computation. Payments due the City under the terms of the
franchise shall be computed quarterly and paid within 30 days of the
end of each quarter, that is, within 30 days after December 31, March
31, June 30 and September 30, respectively. The City shall be furnished
with a statement with each payment, certified as correct by the franchisee,
and an annual statement for the entire year, prepared by a certified
public accountant. All statements shall reflect the total amount of
gross revenues. Statements accompanying payments of the franchise
fee shall set forth a detailed computation of the payment. The City
reserves the right to reasonable inspection of the books, records,
maps, plans and other material of the franchisee.
C.
Right of recomputations. No acceptance of any payment shall be construed
as a release or as an accord and satisfaction of any claims the City
may have for further or additional sums payable as a franchise fee
under the franchise agreement or for the performance of any other
obligation hereunder.
D.
Failure to make required payment. Failure to pay any fees required
by this section shall be considered a material violation of the franchise
in accordance with the foregoing provisions of this chapter, and shall,
at the option of the Council, result in suspension or termination
of the franchise granted. Reinstatement of the franchise may, at the
option of the Council, be had upon payment of the delinquent fee or
fees, plus any interest and/or penalties as may be required by the
Council.
Except where otherwise expressly stated herein, all costs incurred
by a franchisee in connection with any provision of this chapter shall
be borne by the franchisee.
Any violation of this chapter shall constitute a municipal infraction, subject to the penalties and procedures set forth in § 1-18 of the City Code.
