For the purpose of this chapter, the following terms, phrases and words
and their derivations shall have the following meaning specified herein. The
word "may" is permissive; the words "shall" and "must" are mandatory.
AC
Abbreviation for alternating current.
ADDITIONAL SERVICE
A subscriber service provided by the grantee for which a special
charge is made based on program or service content, time or spectrum space
usage, or any electronic usage.
AGC (AUTOMATIC GAIN CONTROL)
An electronic circuit which automatically increases or decreases,
within its design range, the gain of an amplifier in order to maintain a stable
or fixed output level. Sometimes called ALC or AVC.
ANNUAL GROSS PREMIUM REVENUES
The revenues received by the grantee, its affiliates or subsidiaries
from the monthly service charge to subscribers from "Showtime-Premium Service"
as described in the grantee's application.
ANNUAL GROSS SUBSCRIBER REVENUES
All revenues received by the grantee, its affiliates or subsidiaries
from and in connection with the operation of the community antenna television
and audio communications system in the City of Montello, Wisconsin, as that
term is defined by the FCC or a court of competent jurisdiction, and shall
include, if so authoritatively determined, revenues from all sources, including,
without limitation, revenues from advertising, channel leasing, data transmission
and per-program charges, in addition to the subscribers' regular monthly payments,
and shall include revenues from any additional services, as described above,
but excluding premium revenues.
BASIC SERVICE
Subscriber services provided by the grantee, including the delivery
of broadcast signals and programming originated over the cable system, covered
by the regular monthly charge paid by all subscribers.
BROADBAND TELECOMMUNICATIONS NETWORK
Any network of cables, optical, electrical, or electronic equipment,
including cable 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.
BTN NETWORK CHANNEL CAPACITY
The highest total number of cable television channels on which television
signals from separate sources may be delivered downstream simultaneously to
every subscriber in the network. The network may have additional channel capacity
for specialized or discrete purposes, but the technical performance specified
shall not be materially degraded thereby.
CABLE TELEVISION CHANNEL
A frequency band 6 MHz in width within which a standard television
broadcast signal is delivered by cable to a subscriber terminal.
CHANNEL FREQUENCY RESPONSE
Within a cable television channel, the relationship as measured at
a subscriber terminal between amplitude and frequency of a constant-amplitude
input signal at all specified frequencies within each channel.
CITY
The City of Montello or the area within the corporate limits of the
City and such territory outside of the City over which the City has jurisdictional
control by virtue of any constitutional or charter provisions or any law.
CLASS I CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to relay to
subscriber terminals television broadcast programs that are received off the
air or are obtained by microwave or by direct connection to a television broadcast
station.
CLASS II CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to deliver
to subscriber terminals television signals that are intended for reception
by a television broadcast receiver without the use of an auxiliary decoding
device and which signals are not involved in a broadcast transmission path.
CLASS III CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another point in the cable
television system.
CLASS IV CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to transmit
signals of any type from a subscriber terminal to another point in the cable
television system.
COMMENCE OPERATION
Operation will be considered to have commenced when sufficient distribution
facilities have been installed so as to permit the offering of full network
services to at least 25% of the dwelling units located within the designated
service area.
COMMON COUNCIL
The Common Council of the City of Montello and any legally appointed
or elected successor agency.
COMMUNITY ANTENNA TELEVISION AND AUDIO COMMUNICATIONS SYSTEM
Any network of cables, optical, electrical or electronic equipment,
including cable television systems, used for the purpose of transmission of
electrical impulses of television, radio and other intelligences, either analog
or digital, for sale or by use by the inhabitants of the City.
DATA GRADE
Coded transmission primarily digital in nature.
db
The level in the network expressed in dbs above or below a power
corresponding to a root mean square voltage of one millivolt across 75 ohms.
DISCRETE CABLE TELEVISION CHANNEL
A signaling path provided by a cable television system to transmit
signals of any type to specified subscriber terminals within the cable television
system.
DOWNSTREAM
The direction of transmission over the BTN from the head end or hub
to a subscriber's terminal.
DUAL CABLE SYSTEM
A community antenna television and audio communications system design
technology that includes the total duplication of all trunk cables and distribution
cables and may include the total duplication of the associated electronic
equipment when the transmission of more than the 12 standard VHF channels
of television information is required for delivery to subscribers without
the use of a television set converter.
FCC
The Federal Communications Commission and any legally appointed or
elected successor.
FRANCHISE PAYMENT
Includes all charges imposed for a franchise, whether the object
is regulation, revenue or one-time reimbursement of costs incurred by the
City in the award of this franchise.
GRANTEE
All persons, including but not limited to subsidiaries, parents,
or affiliate companies, associations or organizations, having any rights,
powers, privileges, duties, liabilities or obligations under this chapter
and under the franchise ordinance, collectively called the "franchise," and
also includes all persons having or claiming any title to or interest in the
system, whether by reason of the franchise itself directly or by interest
in a subsidiary, parent, or affiliate company, association or organization
or by any subcontract, transfer, assignment, management agreement, operating
agreement, or an approved assignment or transfer resulting from a foreclosure
of a mortgage security agreement, or whether otherwise arising or created.
HEAD END
The land, electronic processing equipment, antennas, tower, building
and other appurtenances normally associated with and located at the starting
point of a community antenna television and audio communications system, excluding
the studio.
HUB CONFIGURATION
A BTN design technology where all transmission paths either originate
or terminate at a center location within the community.
LOCAL DISTRIBUTION CENTER
A facility within the community remote from but connected to the
hub which distributes signals from the hub to a specified area in the community
antenna television and audio communications system.
LOCAL DISTRIBUTION SYSTEM
That portion of the network that originates from the local distribution
center as opposed to the hub.
NETWORK NOISE
That combination of undesired and fluctuating disturbances within
a cable television channel, exclusive of undesired signals of discrete frequency
which degrade the reproduction of the desired signal and which are due to
modulation processes, thermal effects and other noise-producing effects, not
including hum. "Network noise" is specified is terms of rms voltage or its
mean power level as measured in 4 MHz band above the lower channel boundary
of a community antenna television and audio communications system.
PHYSICAL MILE OF PLANT
Messenger strand as measured from pole to pole without taking into
consideration sag or down-guys, and for buried plant, actual trench feet.
REASONABLE NOTICE
The provision of notice of contemplated action delivered at least
48 hours prior to such action.
RMS ROOT-MEAN-SQUARE
The effective value of an alternating current waveform which would
be numerically equal in energy to a constant direct current.
SALE
Any sale, exchange, barter or offer for sale.
SERVICE AREA
That geographical area within the incorporated limits of the City.
SHADOW CABLE
A condition of an additional cable without duplicated electronic
equipment and without additional distribution cable required to activate and
place it into service.
STATE
State of Wisconsin.
STREET
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.
STUDIO
The land, electronic processing equipment, towers, building, cameras,
lights and other appurtenances normally associated with and located at the
grantee's local origination and/or public access points of a community antenna
television and audio communications system, excluding the head end.
SUBSCRIBER
Any person, firm, company, corporation, or association receiving
either basic service or additional service from the grantee under the schedule
of charges filed with the City.
SUBSCRIBER TERMINAL
The community antenna television and audio communications system's
75 ohm cable terminal to which the subscriber's equipment is connected. Separate
terminals may be provided for delivery of cable television signals, FM broadcast,
or other signals of differing classifications.
SUBSTANTIALLY COMPLETED
Operation will be considered substantially completed when sufficient
distribution facilities have been installed so as to permit the offer of full
network service to at least 90% of the dwelling units in the service area
to which access is legally and reasonably available.
TERMINAL ISOLATION
At any subscriber terminal, the attenuation between that terminal
and any other subscriber terminal in the network.
UPSTREAM
The direction of transmission over the BTN from a subscriber terminal
to the network's head end or hub.
VIDEO GRADE
Transmission primarily analog in nature, including the picture phase
of a television broadcast.
VISUAL SIGNAL LEVEL
The rms voltage produced by the visual signal during the transmission
of synchronizing pulses.
The grantee shall be subject to the following restrictions and conditions
with regard to the operation of the system, which conditions and restrictions
shall be in addition to any other sections of this chapter or other chapters
of this Code:
A. Cables, wires and other equipment in connection with
such system shall only be installed and operated on or under the public rights-of-way
upon the poles or in underground conduit and equipment of the existing utilities
within the City and their successors or assigns, where conduits exist and
where space in installed conduits is available. Installation of any additional
poles, conduit or other equipment for the installation of cables, wires, and
other overhead equipment and underground equipment in public rights-of-way
in connection with said system shall be subject to the authorization of the
Common Council or its designated representative. In reaching a decision as
to such additional poles or equipment, the suggestions, if any, of the utility
companies servicing or planning to serve such area may be considered. Underground
installations shall always be preferred; however, the grantee may construct
its plant aerial so long as there is one utility aerial.
B. Such wires, cables and other underground or overhead
equipment shall be located as may be required of telephone companies or power
lines by the Public Service Commission of Wisconsin. All equipment shall be
grounded in the same manner as required by the State of Wisconsin Electrical
Code for electrical services existing on the date of installation of any equipment.
C. The grantee shall pay all costs incurred by the City
in the event of the necessity of restoration of the public rights-of-way as
a result of the grantee's construction of its system or its operation. The
grantee and the City shall coordinate the restoration of the public rights-of-way
if it becomes necessary for the grantee to open or otherwise to disturb said
public rights-of-way.
D. The grantee shall, at its own expense, protect, support,
temporarily or permanently disconnect, relocate in the same public right-of-way
or remove from any public right-of-way any property owned or used by the grantee
if required by the City for reason of traffic conditions, public safety, street
vacation, freeway and street construction, change or establishment of street
grade, installation of sewers, drains, water pipes, power lines and tracks
or any other type of structures or improvements by governmental agencies when
acting in a governmental capacity. The City shall provide the grantee notice
of its intentions to make changes which might otherwise cause the grantee
expense pursuant to this subsection and the grantee shall have an opportunity
to comment.
E. The grantee shall, upon the request of any person holding
a building moving permit issued by the City, temporarily raise or lower its
lines or disconnect or take them down to permit the moving of buildings. The
expense of such removal, raising or lowering of wires shall be paid by the
person requesting the same, and the grantee shall be given not less than three
working days' advance notice to arrange for such temporary wire changes.
F. All installations by the grantee of cables and incidental
equipment shall comply in all respects with all laws, ordinances, rules and
regulations of the FCC, the State of Wisconsin or any agency or department
thereof, and of the City or any agency or department thereof, now or hereafter
in effect.
G. The grantee shall provide and maintain its equipment
in such condition and of such quality so that none of its service will adversely
affect radio and television reception.
H. Installation and maintenance of equipment shall be such
that standard color signals shall be transmitted with reasonable fidelity
to all subscribers.
I. The grantee shall not directly or indirectly require
of any subscriber the patronage of any designated person or company engaged
in the servicing or repair of television receivers. The foregoing shall not
apply to the repair or adjustment of equipment which is in part of the system
of the grantee.
J. The grantee shall submit to inspections by duly authorized
personnel of the City and shall make available to such inspectors or duly
authorized personnel its facilities and equipment wherever situated. The City
reserves the right to enact reasonable regulations regarding the installation
and maintenance of the facilities of the grantee.
K. The City or any assignee thereof shall have the right,
during the life of this franchise, free of charge, to install and maintain
upon the fixtures and conduits of the grantee within the City limits wires
and appropriate attachments necessary for a security and fire alarm system.
Such wires and fixtures shall be constructed and maintained to the satisfaction
of the grantee and in accordance with its specifications.
L. The City, in its use and maintenance of such wires and
attachments, shall at all times comply with the rules and regulations of the
grantee so that there may be a minimum danger of contact or conflict between
the wires and fixtures of the grantee and the wires and attachments used by
the City.
M. The grantee shall have the authority to trim trees upon
and overhanging public rights-of-way of the City so as to prevent the branches
of such trees from coming in contact with the wires and cables of the grantee,
except that, at the option of the City, such trimming may be done by it or
under its supervision and direction.
The grantee, upon request from any subscriber, shall install a switching
device so as to permit a subscriber to continue to utilize his or her own
television antenna as he or she chooses. The switch to be provided shall have
a minimum of 50 db isolation. The subscriber shall pay the cost of the switch
not to exceed the actual cost to the grantee.
The City may from time to time add to, modify or delete provisions of
this chapter as it shall deem necessary in the exercise of its regulatory
powers, provided that such additions, modifications or revisions are reasonable
and do not adversely affect the grantee economically. Such additions, modifications
or revisions shall be made only after a public hearing for which the grantee
shall have received written notice at least 30 days prior to such hearing.
The City reserves the right, upon reasonable notice, to require the
grantee to protect, support, temporarily disconnect, relocate or remove from
the City's streets any property of the grantee by reason of traffic conditions,
public safety, street construction or vacation, change or establishment of
street grade, installation of sewers, drains, water pipes, power or communication
lines, tracks or other types of structure or improvements by governmental
agencies or any other structures of public improvement. Reasonable notice
for this provision of this chapter shall be construed to mean at least 30
days, except in the case of emergencies where no specific notice period shall
be required. The grantee shall have an opportunity to present alternative
routes, contest the expense and necessity of the change in his facilities
required by this section and negotiate the shared cost. In no event shall
the City require removal, disconnecting or the relocating of the grantee's
facilities without cause, and the City shall consider the grantee's facilities
in making its initial determination which might trigger this section.
The City shall have the right to intervene and the grantee specifically
agrees by his acceptance of this franchise not to oppose such intervention
by the City in any suit or proceeding to which the grantee is a party.
The City reserves the right, during the life of any franchise granted
hereunder, to inspect and supervise all construction or installation work
performed subject to the provisions of this chapter and to perform network
measurements to ensure compliance with the terms of this chapter.
The grantee, within 30 days of the award of this franchise, shall maintain
a savings account at a local bank with a balance of at least the total amount
prepaid by all subscribers for basic services or $5,000, whichever is more,
in the name of the grantee and the City of Montello, and the grantee shall
ensure that said account is restricted such that no withdrawals may be made
without the prior express written approval of the Finance Committee of the
City of Montello and that said account shall be maintained to insure the performance
of the grantee herein and shall be maintained until its termination shall
be duly authorized by the Common Council of the City of Montello or upon the
lapsing of 12 months after the date full network service has been substantially
completed in accordance with the terms of this franchise, whichever occurs
first.
The grantee shall not, as to rates, charges, service, services facilities,
rules, regulations, employment, or in any other respect, make or grant any
undue preference or advantage to any party, nor subject any party to any unlawful
prejudice or disadvantage.
If any section, subsection, sentence, clause or phrase of this chapter
is for any reason held illegal, invalid or unconstitutional or not to comply
with the standards and requirements of the FCC, or violates its restrictions,
as determined by the decision of any court of competent jurisdiction or the
FCC, such decision shall not affect the validity of the remaining portions
of this chapter. The Common Council hereby declares that it would have passed
this chapter and each section, subsection, sentence, clause and phrase hereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared illegal, invalid or unconstitutional or not
to comply with requirements of the FCC or to be in violation of its restrictions.
The invalidity for violation of FCC restrictions or failure to comply with
its requirements of any portion of this chapter shall not abate, reduce or
otherwise affect any consideration or other obligation required of the grantee
of any franchise granted hereunder, and any such portion shall be subject
to renegotiation by the grantee and City.
The grant of this franchise may be made by a Council resolution granting
to the successful applicant the cable television franchise, and said resolution
shall bind the grantee pursuant to the resolution to all of the terms and
provisions contained herein.