[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-20-1994
as Ch. 23 of the 1994 Code. Amendments noted where applicable.]
For the purpose of this chapter the following terms, phrases, words
and their derivation shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future; words
in the plural number include the singular number; and words in the singular
number include the plural number. The word "shall" is always mandatory and
not merely directory.
Those revenues derived from the supplying of regular subscriber service,
that is, the installation fees, disconnect and reconnect fees and fees for
regular cable benefits, including the transmission of broadcast signals and
access and origination channels, and revenues derived from per-program or
per-channel charges, if any. It does not include revenues derived from leased
channel revenues, advertising revenues or any other income derived from the
system.
A system of coaxial cables or other electrical conductors and transmission
equipment used or to be used primarily to receive television or radio signals
directly or indirectly off the air and transmit them and other related services
to subscribers for various fees.
Anyone granted the franchise in accordance with the provisions of
this chapter.
The Town of Winneconne.
The Town hereby grants to the company a nonexclusive franchise for a
period of 15 years, unless sooner terminated pursuant to the provisions of
this chapter, to install, operate and maintain throughout the Town in, upon,
along, across, above, over and under the streets, alleys, easements (including
utility easements), public ways and public places as now laid out or dedicated,
and all extensions thereof and additions thereto, a system of wires, cables,
underground conduits, ducts, trenches, conductors, amplifying equipment, manholes,
fittings and any and all other fixtures, appliances and appurtenances necessary
for the installation, ownership, maintenance and operation in the Town of
a cable television system for the purpose of distribution of cable television
and related services to inhabitants within the limits of the Town. The rights
are granted herein by the Town after due consideration and approval by the
Town of the legal, character, financial, technical and other qualifications
of the company and the adequacy and feasibility of its construction arrangements,
as part of a full public proceeding affording due process, which includes
specific notice of the consideration of the company's construction policy.
The company shall at all times during the period of this franchise and
any renewal thereof be subject to all lawful exercise of the police power
by the Town and to such reasonable regulations by the Town as the Town shall
provide pursuant to § 138-18 of this chapter. The company shall
comply with all laws, statutes, codes, ordinances, rules or regulations applicable
to its business, including those of the Federal Communications Commission,
and will comply with the Equal Employment Opportunity Act.
A.
This chapter shall apply to the present territorial limits
of the Town and to any area henceforth added thereto during the period of
a franchise. Nothing herein contained is intended to preclude the company
from extending its cables and equipment to other portions of the Town or outside
the Village of Winneconne for the purpose of serving other areas, provided
that the company is legally authorized to service the other areas.
B.
The company shall be required to build in those sections
of the Town that meet a density standard of 60 homes per cable mile, including
interconnecting trunk.
A.
Damages and penalties. The company shall pay all damages
and penalties which the Town, its officers, boards, commissions, agents and
employees may legally be required to pay as a result of the grant of authority
to it under the terms of this chapter. These damages or penalties shall be
for all damages arising out of the installation, operation and maintenance
of the cable system authorized herein, whether or not any act or omission
complained of is authorized, allowed or prohibited by this chapter.
B.
Expenses. The company shall pay all expenses incurred by the Town, its officers, boards, commissions, agents and employees in defending itself with regard to all damages and penalties mentioned in Subsection A above. These expenses shall include all out-of-pocket expenses, such as attorney fees.
C.
Insurance.
(1)
The company shall maintain throughout the period of this
chapter liability insurance insuring the Town, its officers, boards, commissions,
agents and employees and the company in the minimum amount as follows:
(2)
The insurance policies mentioned above shall contain
an endorsement stating that the policies are intended to cover the liability
assumed by the grantee under the terms of this chapter and shall contain the
following endorsement: "It is hereby understood and agreed that this policy
may not be canceled nor the amount of coverage thereof reduced until 30 days
after receipt by the Town Clerk by registered mail of two copies of a written
notice of such intent to cancel or reduce the coverage."
(3)
All policies of insurance or certified copies thereof
and written evidence of payment of required premiums shall be filed and maintained
with the Town Clerk during the term of any franchise granted hereunder or
any renewal hereof.
D.
Application. The company shall apply for the license
and permits necessary for the construction and operation of the cable television
system herein described within 60 days of the filing of the company's unconditional
acceptance of this permit.
A.
The company shall provide and maintain its services in
accordance with the best accepted standards of the industry so as to provide
its subscribers with the highest possible level of quality and reliability.
The company's service shall include same-day service response seven days a
week for all complaints and requests for repair or adjustments received prior
to 2:00 p.m. each day. In no event shall the response time for calls received
subsequent to 2:00 p.m. exceed 24 hours.
B.
Whenever it shall be necessary to shut off or interrupt
service for the purpose of making repairs, adjustments or installations, the
company shall do so at such times as will cause the least amount of inconvenience
to its subscribers, if reasonably practical, and unless such interruption
is unforeseen and immediately necessary, the company shall give reasonable
notice thereof to its subscribers.
C.
In the event of any interruption of service, whether
planned or unforeseen, the company shall proceed with due diligence and restore
service as quickly as possible under the circumstances.
D.
The company shall be responsible for adopting procedures
for the investigation and resolution of complaints relating to the operation
of the company's cable television system, and the Town shall have no responsibility
for the administration and implementation of such procedures. Notice of the
procedures for reporting and resolving complaints will be given to each subscriber
at the time of initial subscription to the cable system. The company shall
maintain an office (customer service center) in Omro, Wisconsin, which is
staffed during regular business hours, Monday through Friday, of each week.
E.
The community antenna, television and audio communication
system will be so designed, engineered and maintained by the company as not
to interfere with the television reception of the residents of the Town who
do not subscribe to its service. Neither the Town nor the company shall require
the removal, offer to remove or provide any inducement for removal of any
potential or existing subscriber's antenna as a condition of provision of
service.
A.
The company shall establish initial rates and charges
for basic service. With the granting of any franchise hereunder, the company
may fix all rates and charges for the basic service herein defined, such as:
B.
Once established, such rates or charges shall not be
changed for a period of two years. Thereafter, rates and charges may be reestablished
after due notice.
C.
Rates and charges for any service, other than the basic
service, shall also be filed with the Town Clerk at least 30 days prior to
their effective date.
D.
All rates or charges shall be fair and reasonable and
calculated to offset all necessary costs for provision of the services, including
a fair rate of return on the company's investment devoted thereto under efficient
and economical management.
E.
Should the company after two years or at any other time
during the period that this chapter is in force decide to change its rates,
it will, in addition to the notification to the Town Board of the proposed
change, agree to appear before the Town Board and make a presentation of the
reasons which occasion the change in rates. The company shall make late charges
only that are fair and reasonable, and in case such rates are found to be
unreasonable and unjust by the Town Board, the Town Board shall have the authority
to accept or reject the rate increase. The information supplied by the company
to the Town Board in connection with the supervision of rates shall be adequate
to fully inform the Town Board as to the income, costs and other factors which
must be ascertained on the question of reasonableness of rates.
F.
Neither the Board nor the company shall, as to rates,
charges, service, service facilities, rules, regulations or in any other respect,
make or grant any preference or advantage to any person or subject any person
to prejudice or disadvantage.
A.
Company to provide one connection without charge. The
company shall provide without charge and upon request within the Town one
connection, together with monthly basic service, to such public, parochial,
nonprofit, private schools, Town buildings and agency locations as the Town
may hereafter designate within 200 feet of the cable system. The Town reserves
the right, at its expense, to extend service to as many areas within such
school buildings and agencies as it deems desirable without payment of any
additional fee to the company.
B.
Company to provide closed-loop system or equivalent service.
The company will provide either a closed-loop system or equivalent service
capable of doing the following:
A.
The company shall at all times employ reasonable care
in conducting its operations and shall install and use generally accepted
methods and devices for preventing failure and accidents which are likely
to cause damage, injuries or nuisances to the public.
B.
The company shall install and maintain its wires, cables,
fixtures and other equipment in accordance with the applicable requirements
of the National Safety Code and local ordinances.
C.
The company shall maintain at all times its structures,
lines, equipment and connections in, over, under or upon the streets, sidewalks,
alleys and public ways or places of the Town, wherever situated or located,
in a safe, suitable, substantial condition and in good order and repair.
It shall be the policy of the Town to amend this chapter liberally,
upon application of the company, to take advantage of any developments in
the field of transmission of television signals and related services which
will afford the company an opportunity more effectively, efficiently or economically
to serve its customers. The Town shall amend this chapter upon application
of the company, when necessary, to enable the company to respond to changes
in Federal Communications Commission regulations or other applicable governmental
rules or requirements. Such amendments shall be made by the Town within one
year from the date of any such changes in such rules, regulations or requirements
or at the time of permit renewal, whichever occurs first.
A.
All transmission and distribution structures, lines and
equipment erected by the company within the Town shall be located so 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 and
reasonable convenience of property owners whose land may adjoin any of the
streets, alleys or other public ways and places.
B.
In case disturbance of any street, sidewalk, alley, public
way or paved area is caused by the company's construction or operations, the
company shall, at its own cost and expense and in a manner approved by the
Town's appropriate authority, replace and restore such street, sidewalk, alley,
public way or paved area to a condition as good as its condition before the
work causing such disturbance was performed.
C.
The company shall have the right under the supervision
of the Town's appropriate authority to trim trees overhanging streets, alleys,
sidewalks and public ways and places of the Town so as to prevent the branches
of such trees from coming in contact with the wires and cable of the company
or otherwise interfering with the operations of the company, provided that
such authority shall be within the Town's legal powers.
D.
The company shall, at the request of any person holding
a building moving permit issued by the Town, temporarily raise or lower its
wires to permit the moving of the building. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person requesting
the same, and the company shall have authority to require such payment in
advance. The company shall be given not less than 72 hours' advance notice
to arrange for such temporary wire changes.
It is the policy of the Town to minimize the number of utility poles,
support structures and conduits within the Town to promote the safety, health,
convenience and general welfare of the Town and its inhabitants. Any franchise
granted hereunder shall not relieve the grantee of any obligation involved
in obtaining pole or conduit use agreements from the gas, electric and telephone
companies or others maintaining poles or conduits in the streets or roads
of the Town, whenever the company finds it necessary to make use of such poles
or conduits. In areas where either telephone or electric utility facilities
are aboveground at the time of installation, the company may install its service
aboveground, provided that at such time as those facilities are required to
be placed underground by the Town or are placed underground, the company shall
likewise place its services underground without additional cost to the residents
of the Town.
A.
The company may, in its discretion, require from any
subscriber a deposit to guarantee payment of subscriber fees or to secure
the safe return in good working order of any equipment provided to the subscriber
by the company. Such deposit shall not exceed an amount equivalent to the
greater of the maximum bill for subscriber service for 90 days or the replacement
value of the equipment. The company shall keep records to show:
B.
Such deposits may be retained by the company as long
as required to insure payment of subscriber fees or the return of the equipment.
Upon final discontinuance of service, the company may apply such deposit to
any amount due from the subscriber for service or damage to or loss of the
equipment. Any balance due the subscriber shall be promptly refunded. Prior
to final discontinuance of service, deposits guaranteeing payment of subscriber
fees may be returned to the subscriber when his credit has been established
to the satisfaction of the company.
Upon termination of service to any subscriber, the company shall promptly
remove all its facilities and equipment from the premises of such subscriber
upon his request.
Any transfer or assignment of the company's rights and obligations under
this chapter to a subsidiary of the company shall be made only by an instrument
in writing, an executed copy of which shall be filed with the Town within
30 days after such transfer or assignment. Any other transfer or assignment
of the company's rights or obligations shall be made only upon written approval
of the Town, which approval shall not be unreasonably withheld. No consent
shall be required for a transfer in trust, mortgage or other hypothecation,
in whole or in part, to secure an indebtedness.
Within 90 days after the end of the company's fiscal year, the company
shall file with the Town a report showing the gross subscriber revenues received
by the company from subscribers in the Town since the preceding report.
The company shall pay to the Town an annual fee in an amount as set
by the Town Board. This payment shall be in addition to any other payment
owed to the Town by the company and shall not be construed as a payment in
lieu of municipal or Town property taxes or other state, county or local taxes.
The company shall also pay an application fee as set by the Town Board upon
accepting the franchise. The annual fee shall be paid to the Town Clerk on
or before March 31 of each year.
A.
The right is hereby reserved to the Town to adopt, in
addition to the provisions contained herein and in existing applicable agreements,
such additional regulations as it shall find necessary in the lawful exercise
of its police power, provided that such regulations, by ordinance or otherwise,
shall be reasonable and not in conflict with the rights herein granted.
B.
The Town shall have the right to inspect the maps, plans
and other like material of the company's cable system at any time during normal
business hours.
C.
The Town shall have the right to supervise all construction
or installation work performed subject to the provisions of this chapter and
make such inspections as it shall find necessary to ensure compliance with
the terms of this chapter and other pertinent provisions of law.
The franchise is revocable by the Town for substantial breach by the
company of a material term of the franchise. The Town shall provide written
notice to the company of any such breach. If the company fails within 60 days
after receipt of such notice to correct such breach, then the Town shall have
the right, after a full and complete public hearing, to revoke any or all
rights and privileges granted herein; provided, however, that such breach
did not result from factors beyond the reasonable control of the company.
A.
Unauthorized connections prohibited. No person, firm,
group, company, corporation or governmental body or agency shall, without
the expressed consent of the company, make or possess any connection, extension
or division, whether physically, acoustically, inductively, electronically
or otherwise, with or to any segment of a franchised community antenna television
and audio communications system for any purpose whatsoever.
B.
Removal or destruction prohibited. No person, firm, group,
company, corporation or government body or agency shall willfully interfere
or tamper with, remove, obstruct or damage any part, segment or content of
a franchised community antenna television and audio communication system.
The company shall have the right to provide service for which a per-program
or per-channel charge is made.
A.
B.
The company shall have the right at all times to take
such legal action as it deems necessary to preserve the security of its cable
television system and to assure only authorized use thereof by its subscribers
or other persons. Any person who willfully or maliciously damages or causes
to be damaged any wire, cable, apparatus or equipment of the company with
intent to obtain a signal or impulse therefrom without authorization of the
company shall be liable to the company in an amount of $200 per occurrence
or actual damage to the equipment, whichever is greater.
