It is the intent of this chapter and franchise agreement, if
any, to provide for and specify the means to attain a cable communications
system franchise in the City and to set forth the obligations and
rights of the City and grantee accompanying such franchise.
For the purpose of this chapter and franchise agreement, if
any, the following terms, phrases and words and their derivations
shall have the meanings specified herein. When not inconsistent with
the context, words used in the present tense include the future, and
words in the singular number include words in the plural number.
ADDITIONAL SERVICE
A subscriber service provided by the grantee, in addition
to basic service, for which a special charge is made based on program
or service content, time or spectrum space usage. Additional service
includes extended basic service.
ANNUAL GROSS REVENUES
Any and all revenues derived directly or indirectly by the
grantee, or any affiliate that is a cable operator, in connection
with the operation of the cable system pursuant to this chapter and
franchise agreement, if any. Further, "annual gross revenues" includes
compensation in whatever form, exchange or otherwise, derived from
all cable services, cable operations and cable-related activities
within the service area, including but not limited to:
(1)
Revenues from subscriber rates, pay television, premium channels,
service tiers, service clusters, institutional networks, on-air advertising,
installations, reconnections or similar fees;
(2)
Rebates or commissions received from travel, home shopping or
similar services, or commercial access;
(3)
Any and all compensation from all ancillary cable services,
cable operations and cable-related activities within the service area,
including but not limited to sale of cable or cable equipment, advertising
inserted into periodic billing statements or other notices, fees from
the sale of subscribers' late fees, rental or sale of descrambling
converters, or other devices, rental or sale of remote control devices,
rental or sale of a/b or input switches, rental or sale of digital
equipment; and
(4)
Compensation received for studio leased access and other facility
rental, other than those not associated with the operation of the
system.
BASIC CABLE SERVICE OR BASIC SERVICE
The service tier that includes all signals of domestic television
broadcast stations provided to any subscriber (except a signal secondarily
transmitted by satellite carrier beyond the local service area of
such station, regardless of how such signal is ultimately received
by the cable system), any public educational and governmental programming
required by the franchise agreement to be carried on the basic tier,
and any additional video programming signals added to the basic tier
by the grantee, as defined from time to time by federal law and rules
of the FCC.
CABLE ACT
Title VI of the Communications Act of 1934, as amended, 47
U.S.C. § 151 et seq., and all other provisions of the Cable
Communications Policy Act of 1984, Pub. L. No. 98-549, and the Cable
Television Protection and Competition Act of 1992, Pub. L. No. 102-385;
and the Telecommunications Act of 1996 and any future amendments.
CABLE COMMUNICATIONS SYSTEM or CABLE SYSTEM OR SYSTEMS or CCS
Any network of cables, optical, electrical or electronic
equipment, including television systems, used for the purpose of transmission
of electrical impulses of television, radio and other intelligences,
either analog or digital for sale or use by the inhabitants of the
City.
CITY
The City of Shawano, its officers and employees, unless otherwise
specifically designated, and the area within the territorial limits
of the City.
CITY COUNCIL
The governing body of the City or any successors to the legislative
powers of such body.
COMMENCE OPERATION
Operation will be considered to have commenced when sufficient
distribution facilities have been installed so as to permit the offering
of "full system service" to at least 25% of the dwelling units located
within the City.
FCC
The Federal Communications Commission and any legally appointed
or elected successors.
FRANCHISE
The right, privilege and authority granted by the ordinance
codified herein to install, maintain, upgrade and operate a cable
television system in the City.
FRANCHISE AGREEMENT
A contractual agreement entered into between the City and
any grantee hereunder which is enforceable by the City and said grantee
and which sets forth the rights and obligations between the City and
said grantee in connection with the franchise.
FRANCHISE FEE OR PAYMENT
Includes any tax, fee or assessment the City imposes on the
grantee solely because of the grantee's status as such. The term
"franchise fee" or "franchise payment" does not include:
(1)
Any tax, fee or assessment of general applicability (including
any such tax for or assessment imposed on both utilities and cable
operators or their services, but not including a tax, fee or assessment
which is unduly discriminatory against the grantee);
(2)
Cable costs which are required by the franchise to be incurred
by grantee for educational or governmental access facilities;
(3)
Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties or liquidated damages;
or
(4)
Any fee imposed under Title 17, United States Code.
GRANTEE
Any person, as herein defined, receiving a franchise pursuant
to this chapter and franchise agreement, if any, and any legal franchising
resolutions as may be adopted by the City.
GRANTEE'S PROPOSAL
Incorporates all of the documents included in the response
to and including the document entitled "Invitation for Applications,"
dated December 10, 1997, submitted to the City Clerk.
HEAD END
The land, electronic processing equipment, antennas, tower,
building and other appurtenances normally associated with and located
at the starting point of a CCS.
LEASED CHANNEL or LEASED ACCESS CHANNEL
Any channel available for lease and programming by persons
or entities other than the grantee, including those portions of the
other access channels not in use by their designated programmers.
LOCAL ORIGINATION
Any channel where the grantee is the only designated programmer
and provides video programs to subscribers.
NORMAL BUSINESS HOURS
Those hours during which similar businesses in the City are
open to serve customers. In all cases, "normal business hours" must
include some evening hours at least one night per week and some weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operator include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages and severe
or unusual weather conditions. Those conditions which are ordinarily
within the control of the cable operator include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS CHANNEL (PEG)
Any channel where any member of the general public, educational
system or any noncommercial organization may be a programmer without
charge on a first-come, first-served, nondiscriminatory basis, in
accordance with FCC regulations, or where local government programming
is used.
REASONABLE NOTICE
The provisions of notice of contemplated action delivered
at least 48 hours prior to such action. Saturdays, Sundays and holidays
recognized by the City shall be excluded in the computation of this
48 hours.
SALE
Includes any sale, exchange, barter or offer for sale.
SERVICE AREA
That geographical area within the incorporated limits of
the City.
STREET
Includes all streets, roadways, highways, avenues, lanes,
alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way
or other public ways in the City which have been or may hereafter
be dedicated and open to public use, or such other public property
so designated by law.
SUBSCRIBER
Any person, firm, company, corporation or association receiving
either basic service or additional service from the grantee.
SUBSTANTIALLY COMPLETED
Operation will be considered substantially completed when
sufficient distribution facilities have been installed so as to permit
the offering of "full system service" to at least 90% of the dwelling
units in the City to which access is legally and reasonably available.
USER
A person utilizing a channel for purposes of production or
transmission of material, as contrasted with receipt thereof, in a
subscriber capacity.
The City shall grant the right, privilege and franchise to construct,
operate and maintain a cable communications system in the City to
the grantee, for a period not to exceed 15 years, subject to the rights,
obligations, conditions and restrictions as hereinafter provided.
Applications for an initial franchise hereunder shall be filed
with the City Clerk and shall contain the following information and
provisions:
(1)
Proposal bond and filing fee. Provisions of the proposal bond as required in §
15.17 and payment of a nonrefundable filing fee to the City as set by Council resolution shall be due and payable concurrently with the application information.
[Amended 12-8-1999 by Ord. No. 1438]
(2)
Name and address of applicant. The name and business address
of the applicant, date of application and signature of applicant or
appropriate corporate officer.
(3)
Description of proposed operation. A general description of
the applicant's proposed operation in the service area and in
other areas within the state, including, but not limited to, business
hours, operating staff, maintenance procedures beyond those required
in this chapter and franchise agreement, if any, management and marketing
staff complement and procedures, and, if available, the rules of operation
for public access.
(4)
Signal carriage. A statement of the television and radio services
to be provided, including both off the air and locally originated
signals.
(5)
Special services. A statement setting forth a description of
the automated services proposed and a description of the production
facilities to be made available by the grantee for the public, municipal
and educational channels required to be made available under this
chapter and franchise agreement, if any, and the Federal Communications
Commission.
(6)
Programming assistance. A statement establishing any additional
funding, facilities, equipment or personnel beyond those required
elsewhere to be designated to effect and promote local programming
development. It is understood that the foregoing shall be available
without charge to all on a fair and nondiscriminatory basis and may
be used by the grantee as well. Such funding and services shall be
contingent upon a special showing, where required, that the proposed
uses are consistent with the regulatory program of the FCC.
(7)
Schedule of charges. A statement of the applicant's proposed
schedule of charges.
(8)
Corporate organization. A statement detailing the corporate
organization of the applicant, if any, including the names and addresses
of its officers and directors and the number of shares held by each
officer and director.
(9)
Stockholders. A statement identifying the number of authorized
and outstanding shares of applicant's stock, including a current
list of the names and current addresses of its shareholders holding
5% or more of applicant's outstanding stock.
(10)
Intra company relationships. A statement describing all intra
company relationships of the applicant, including parent, subsidiary
or affiliated companies.
(11)
Agreements and understandings. A statement setting forth all
agreements and understandings, whether written or oral, existing between
the applicant and any other person with respect to any franchise awarded
hereunder and the conduct of the operation thereof existing at the
time of proposal submittal.
(12)
Financial statement. If the applicant is a corporation, audited
financial statements for the two previous fiscal years. If the applicant
is a partnership, copies of the U.S. Partnership Return of Income
(IRS Form 1065) for the two previous fiscal years. If the applicant
is a sole proprietorship, copies of U.S. Individual Tax Return (IRS
Form 1040) for the two previous fiscal years.
(13)
Financial projection. A ten-year operations pro forma which
shall include the initial and continuing plant investment, annual
profit and loss statements detailing income and expenses, annual balance
sheets and annual levels of subscriber penetration. Costs and revenues
anticipated for voluntary services shall, if presented, be incorporated
in the pro forma as required in this chapter, but shall be separately
identified in the pro forma.
(14)
Financial support. Suitable written evidence from a recognized
financing institution, addressed to both the applicant and to the
City, advising that the applicant's financial ability and planned
operation have been analyzed by the institution and that the financing
institution is prepared to make the required funds available to applicant,
if awarded a franchise. If the planned operation is to be internally
financed, a Council resolution shall be supplied authorizing the obtainment
and expenditure of such funds as are required to construct, install
and operate the CCS contemplated hereunder.
(15)
Technical description. A technical description of the type of
system proposed.
(16)
Technical statement. A statement from the applicant's senior
technical staff member or consultant advising that he or she has reviewed
the network description, the network technical standards, performance
measurements, channels to be provided, service standards, construction
standards and conditions of street occupancy and that the applicant's
planned network and operations thereof shall meet all the requirements
set forth therein.
(17)
Existing, pending and proposed franchises. A statement of existing,
pending and proposed franchises held or applied for by the applicant
which the applicant proposes to apply for, indicating as applicable
when the franchises were issued and when the systems were constructed
and the present state of the system or application in each respective
governmental unit, together with the name, address and telephone number
of a responsible governmental official knowledgeable of the applicant.
(18)
Convictions. A statement as to whether the applicant or any
of its officers or directors or holders of 5% or more of its voting
stock has in the past 10 years been convicted of or has charges pending
for any crime other than a routine traffic offense and the dispositions
of each such case.
(19)
Operating experience. A statement detailing the prior cable
television experience of the applicant, including that of the applicant's
officers, management and staff to be associated with the proposed
operation.
(20)
Franchise renewal information. If an application is for renewal
of a franchise, the renewal proposal shall include the following:
(a)
A summary of the technical, financial and programming history
of the network since the granting of the original franchise.
(b)
A statement and timetable that outlines all proposed changes,
expansion or improvements in the system as to services, programming
or technical specifications during the forthcoming five-year review
period.
(c)
Said proposal shall be filed with the City Clerk at least 90
days prior to the date the renewal is to take effect.
(21)
Additional requirements. The application for an initial CCS new franchise shall respond specifically and in sequence to Subsections
(1) through
(19) above and shall be bound separately from any additional information proffered by the applicant. Six copies of the application shall be supplied to the City. Supplementary, additional or other information that the applicant deems reasonable for consideration may be submitted at the same time as its application, but shall be separately bound and submitted in the above number of copies. The City may at its discretion consider such additional information as part of the application.
(22)
Supplementation to application. The City may require such supplementary,
additional or other information that the City deems reasonably necessary
for its determinations. Such modifications, deletions, additions or
amendments to the application shall be considered only if specifically
requested by the City.
(23)
Review of qualifications. Specific permission to operate a CCS
under the provisions of this chapter and franchise agreement, if any,
may be granted by the City Council to any grantee after a review of
the legal, character, financial and technical qualifications and the
adequacy and feasibility of the grantee's construction arrangements
and after the City Council has approved the grantee's qualifications
as a part of a public proceeding affording due process.
If any section, subsection, sentence, clause, phrase or word
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such section, subsection,
sentence, clause, phrase or word shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity
of the remaining portions hereof.