[Adopted 8-3-1994 by Ord. No. 335]
This article shall be known and may be cited as the "City of
Rockwood Cable Communications Ordinance."
For purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
The words "shall" and "will" are mandatory, and the word "may" is
permissive. Words not defined herein shall be given the meaning set
forth in the Cable Communications Policy Act of 1984, 47 USC 521 et
seq., and as hereinafter may be amended, including, without limitation,
the Cable Television Consumer Protection and Competition Act of 1992,
Pub. 1. No. 102-385, 106 Stat. 1460, and, if not defined therein,
their common and ordinary meaning.
Any channel on a cable system set aside, without charge,
by the franchisee for public, educational and/or local governmental
use.
Any person who, directly or indirectly, owns or controls
a grantee or franchisee, any person whom a grantee or franchisee directly
or indirectly owns or controls, or any person under common ownership
or control with a grantee or franchisee.
Any person submitting an application within the meaning of
this article.
Any proposal, submission or request to construct and operate
a cable system within the city; transfer a franchise or control of
the franchisee; renew a franchise; modify a franchise; or seek any
other relief from the City pursuant to this article or a franchise
agreement. An application includes an applicant's initial proposal,
submission or request, as well as any and all subsequent amendments
or supplements to the proposal and relevant correspondence.
Any service tier that includes the retransmission of any
local television broadcast signals.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., as hereinafter may be amended, including, without limitation,
the Cable Television Consumer Protection and Competition Act of 1992,
Pub. 1. No. 102-385, 106 Stat. 1460.
One or two-way transmission of video or other programming
services over a cable system to subscribers, together with subscriber
interaction, if any, which is required for the selection of such programming
services that a franchisee makes available to all subscribers generally.
Any facility, operating by means of coaxial cable, optical
fiber or any other transmission lines or forms of transmission and
associated signal generation, reception and control equipment, that
is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the city. Such
term does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple
unit dwellings under common ownership, control or management, unless
such facility uses or crosses any street;
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act of
1934, 47 U.S.C. § 201 et seq., except that to the full extent
permitted by law, such facility will be considered a cable system
to the extent that it is used in the transmission of video programming,
whether on a common carrier or noncommon carrier basis, directly to
subscribers; or
Any facility of any electric utility used solely for operating
its electric utility systems. The foregoing definition of "cable system"
shall not be deemed to circumscribe or limit the valid authority of
the City to regulate or franchise the activities of any other communications
system or provider of communications services to the full extent permitted
by law.
The City of Rockwood, a municipal corporation of the State
of Michigan, in its present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
The City Administrator of the City and any duly authorized
designee of the City Administrator.
The legal or practical ability to exert control over the
affairs of a franchisee, grantee or applicant, either directly or
indirectly, whether by contractual agreement, majority ownership interest,
any lesser ownership interest or in any other manner.
The legislative body of the city.
Any nonprofit entity established or designated by the City
pursuant to § 95-15 for the purpose of developing, managing,
administering or using any access channel or access channels.
Fair market value adjusted downward for the monetary damages
to the City or subscribers, if any, resulting from a franchisee's
breach of any franchise agreement clause or provision of this article
requiring payment to the City or subscribers.
The price that a willing buyer would pay to a willing seller
for a going concern based on the system valuation prevailing in the
industry at the time, but with no value allocated to the franchise
itself.
The Federal Communications Commission or any successor governmental
entity thereto.
The right, granted by the City to a franchisee, to construct,
maintain and operate a cable system under, on and over City streets
within all or specified areas of the city. The term does not include
any license or permit that may be required by this article or other
laws, ordinances or regulations of the City for the privilege of transacting
and carrying on a business within the City or for disturbing, or carrying
out any work upon, any street.
A contract entered into in accordance with the provisions
of this article between the City and a franchisee that sets forth
the terms and conditions under which the franchise shall be exercised.
Any person granted a franchise pursuant to this article who
has entered into a franchise agreement with the city.
Any person granted a franchise pursuant to this article who
has not yet entered into a franchise agreement with the city.
All revenues of the franchisee or any of its affiliates arising
from, directly attributable to or derived from the operation of a
cable system by a franchisee within the city. "Gross revenues" includes,
but is not limited to, fees charged to subscribers for basic service;
fees charged to subscribers for any optional, premium, per-channel
or per-program service; fees charged to subscribers for any tier of
service other than basic service; installation, disconnection, reconnection
and change-in-service fees; leased channel fees; equipment charges;
fees for maintenance or service of cable equipment or facilities;
fees, payments or other consideration derived from programmers for
carriage of programming on the system; converter and remote rentals
or sales; additional outlet charges; studio rental, production equipment
and personnel fees; advertising revenues; revenues from home shopping
channels; and the sale, exchange or cablecast by the franchisee of
any programming developed on or for access channels or institutional
users. Gross revenues shall be the basis for computing the franchise
fee imposed pursuant to § 95-16. Gross revenues shall not
include any taxes on services furnished by the franchisee, including
the franchisee fee, which are imposed upon any subscriber or user
by the state, county, City or other governmental unit and collected
by the franchisee on behalf of said governmental unit.
A voice, data or video communications system constructed,
operated and/or maintained by the franchisee for the city, the transmissions
on which are generally available only to, and intended to be sent
and received by, persons other than cable subscribers generally.
All duly enacted and applicable federal, state, county and
City laws, ordinances, codes, rules, regulations and orders.
A channel designated in accordance with Section 612 of the
Cable Act, 47 U.S.C.§ 532, for commercial use by persons
unaffiliated with the franchisee.
A system which utilizes coaxial cable, fiber optic cable,
copper wires or successor closed-transmission-path technology located
in whole or in part in the public streets or rights-of-way of the
City where said closed-transmission-path technology is used to provide
any communications service other than cable service.
Any individual, corporation, partnership, association, joint
venture, organization or legal entity of any kind, and any lawful
trustee, successor, assignee, transferee or personal representative
thereof, but shall not mean the city.
A category of cable service provided by the franchisee and
for which a separate charge is made by the franchisee.
The surface, the air space above the surface and the area
below the surface of any public street, highway, road, freeway, thoroughfare,
parkway, sidewalk, bridge, court, lane, path, alley, way, drive, circle,
easement or any other public right-of-way, public way or public place,
including public utility easements or any property in which the City
holds any kind of property interest, and any temporary or permanent
fixtures or improvements located thereon.
Any person who legally receives any cable service delivered
over a cable system.
Any cable system equipment or facility failure or malfunction
that results in the loss of satisfactory service on one or more channels
to one or more subscribers. A malfunction shall be considered a major
malfunction if it affects 50 or more subscribers.
Any transaction in which:
An ownership or other interest in a franchisee or its cable
system is transferred from one person or group of persons to another
person or group of persons so that control of the franchisee is transferred;
or
The rights and/or obligations held by the franchisee under a
franchise agreement are transferred or assigned to another person
or group of persons. A transfer is pro forma when it involves no substantial
change in the ultimate ownership or control of the franchisee.
The incorporation into a cable system of all appropriate
design and engineering characteristics and features so that two-way
transmission, including addressability, over the system can be implemented
and activated.
A portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television
channel, including the associated audio signal, as television channel
is defined by the FCC, by regulation or otherwise.
A.
The intent of the City and the purposes of this article are to:
(1)
Promote the public health, safety and general welfare by providing
for the grant of one or more franchises for the construction and operation
of a cable system within the city;
(2)
Provide for the regulation, to the extent provided for by law, of
each cable system within the City in the public interest;
(3)
Provide for the payment of compensation by a franchisee to the City
for the use of streets by its cable system;
(4)
Promote the widespread availability of quality cable service to City
residents and businesses, the City and other public institutions;
(5)
Encourage the development of cable and other communications technologies
and cable systems as a means of communication between and among members
of the public, City businesses, the City and other public institutions;
(6)
Promote competitive cable rates and services;
(7)
Promote the safe and efficient use of City streets;
(8)
Enhance and maximize the communicative potential of streets used
by cable systems; and
(9)
Encourage the provision of a diversity of information sources to
City residents, businesses, the community, the City and other public
institutions by cable technology.
B.
Recognizing the continuing development of communications technology
and uses, it is the policy of the City to encourage experimentation
and innovation in the development of cable system uses, services,
programming and techniques that will be of general benefit to the
community to the extent that all such experiments and innovations
are consistent with applicable laws.
A.
The City may grant one or more franchises in accordance with this
article.
B.
No person may construct or operate a cable system or any other communications
system or transmission facilities over, on or under the streets in
the City without first obtaining a franchise granted by the City pursuant
to this article, and no person may be granted a franchise without
having entered into a franchise agreement with the City pursuant to
this article.
A.
A franchise authorizes the use of City streets, or specified portions
thereof, for installing cables, wires, lines, optical fiber, underground
conduit and other facilities to operate a cable system or other communications
system within a specified area of the city, but does not expressly
or implicitly authorize the franchisee to provide service to, or install
cables, wires, lines, underground conduit or any other equipment or
facilities upon private property without owner consent, [except for
the use of compatible easements pursuant to Section 621 of the Cable
Act, 47 U.S.C. § 541(a)(2)], or to use publicly or privately
owned conduits without a separate agreement with the owners.
B.
A franchise is nonexclusive and will not expressly or implicitly
preclude the issuance of other franchises to operate cable systems
within the City or affect the city's right to use the streets
or to authorize the use of City streets to other persons, as the City
deems appropriate.
C.
Any privilege claimed under any franchise by a franchisee in any
street shall be subordinate to the city's use thereof and to
any other prior lawful occupancy of such streets.
D.
Once a franchise agreement has been accepted and executed by the
City and a franchisee, such franchise agreement shall constitute a
contract between the franchisee and the city, and the terms, conditions
and provisions of such franchise agreement, together with this article
and all other duly enacted and applicable laws, shall define the rights
and obligations of the franchisee and the City relating to the franchise.
E.
Any franchise granted hereunder shall be a privilege held in personal
trust by the original franchisee and may not be transferred, nor may
control of a franchisee be transferred, without the prior written
consent of the City as provided in § 95-23.
F.
No privilege or exemption shall be conferred or granted by any franchise
granted under this article, except those specifically prescribed herein,
or under the franchise agreement granting such franchise.
G.
No franchise shall authorize the use of any public property, other
than public streets and public utility easements owned by the city,
unless the franchise agreement or a subsequent resolution of Council
expressly authorizes the use of such other public property.
A.
A franchisee shall, at all times, be subject to and shall comply
with all generally applicable laws. A franchisee shall, at all times,
be subject to all lawful exercise of the police power of the city.
B.
Except as may be specifically provided in this article or under the
terms of a franchise agreement, the failure of the city, upon one
or more occasions, to exercise a right or to require compliance or
performance, under the provisions of this article or a franchise agreement,
shall not be deemed to constitute a waiver of such right or a waiver
of compliance or performance.
A.
The provisions of this article shall apply to a franchise agreement
as if fully set forth in the franchise agreement, and the express
terms of this article will prevail over conflicting or inconsistent
provisions in a franchise agreement, unless such franchise agreement
expresses an explicit intent to waive a requirement of this article.
B.
This article is not intended to create private rights of a contractual
nature enforceable against the city.
C.
The provisions of a franchise agreement shall be construed in favor
of the City in order to effectuate the purposes and objectives of
this article and the franchise agreement and in order to promote the
public interest.
D.
Except as to matters which are governed solely by federal law or
regulation, a franchise agreement will be governed by, and construed
in accordance with, the laws of the State of Michigan.
A.
A written application shall be filed with the City for the grant
of a new franchise, renewal of a franchise under either formal or
informal procedures in accordance with Section 626 of the Cable Act,
47 U.S.C. § 546, modification of a franchise agreement,
transfer of a franchise or any other relief from the City pursuant
to this article or a franchise agreement. An applicant has the burden
to demonstrate, in its application, compliance with all requirements
of this article and all other applicable laws.
B.
To be acceptable for filing, a signed original of an application
shall be submitted, together with five copies, shall be accompanied
by the required application filing fee as set forth in Subsection
I hereof, shall conform to any applicable request for proposals and
shall contain all required information. All applications shall include
the names and addresses of persons authorized to act on behalf of
the applicant with respect to the application.
C.
All applications accepted for filing shall be made available by the
City for public inspection. Upon receipt of an application, the City
shall provide notice to any incumbent franchisees of the receipt of
such application.
D.
An application for the grant of a new franchise may be filed pursuant
to a request for proposals issued by the City or on an unsolicited
basis. The city, upon receipt of an unsolicited application, may issue
a request for proposals. If the City elects to issue a request for
proposals upon receipt of an unsolicited application, the applicant
may submit an amended application in response to the request for proposals,
may inform the City that its unsolicited application should be considered
in response to the request for proposals or may withdraw its unsolicited
application. An application which does not conform to the requirements
of a request for proposals may be considered nonresponsive and denied
on that basis.
E.
An application for the grant of a franchise shall contain, at a minimum,
the following information:
(1)
The name and address of the applicant and identification of the ownership
and control of the applicant, including:
(a)
The names and addresses of the 10 largest holders of an ownership
interest in the applicant and of all persons with 5% or more ownership
interest, including the names and addresses of parents or affiliates
holding such ownership interests directly or indirectly;
(b)
The names and addresses of any subsidiaries of the applicant;
(c)
The persons who control the applicant;
(d)
All officers and directors of the applicant; and
(e)
Any other business affiliation and cable system ownership interest
of each named person.
(2)
An indication of whether the applicant or any person controlling
the applicant, or any officer, director or major stockholder of the
applicant, has been adjudged bankrupt, has had a cable franchise or
license revoked or has been found by any court or administrative agency
to have violated a security or antitrust law or to have committed
a felony or any crime involving moral turpitude. If any of the foregoing
applies, the applicant shall provide the identification of any such
person and a full explanation of the circumstances;
(3)
A demonstration of the applicant's technical, legal and financial
ability to construct and/or operate the proposed cable system, including
identification of key personnel;
(4)
A complete and detailed financial statement of the applicant and
a statement prepared by a certified public accountant regarding the
applicant's financial ability to complete the construction and
operation of the proposed cable system;
(5)
A description of the applicant's prior experience in cable system
ownership, construction and operation, and identification of the communities
in which the applicant or any of its principals have, or have had,
a cable franchise or license or any interest therein;
(6)
Identification of the area of the City to be served by the proposed
cable system, including a description of the boundaries of the proposed
service area, the number of households in the area, the potential
subscriber density in the area and a detailed map showing the boundaries
of the proposed service area;
(7)
A detailed description of the proposed physical facilities, including
channel capacity, technical design, performance characteristics, head-end
and access facilities;
(8)
Where applicable, a description of the construction of the proposed
system, including an estimate of plant mileage and its location, the
proposed construction schedule, a description, where appropriate,
of how services will be converted from existing facilities to new
facilities and information on the availability of space in conduits,
including, where appropriate, an estimate of the cost of any necessary
rearrangement of existing facilities;
(9)
A description of the services to be provided initially, including
all broadcast and nonbroadcast signals to be carried, all nontelevision
services to be delivered over the cable system and, if services will
be offered by tiers, identification of the signals and/or services
to be included on each tier;
(10)
A statement setting forth all proposed classifications of rates and
charges, including proposed charges for each service tier and for
installation, converters and other equipment or services, and the
applicant's ownership interest in any proposed program services
to be delivered over the cable system;
(11)
A demonstration of how the applicant's proposal will reasonably
meet the future cable-related needs and interests of the community,
including a description of how the proposal will meet the needs described
in any recent community needs assessment conducted by or for the city;
(12)
Pro forma financial projections for the first five years of the franchise
term, including a statement of projected income and a schedule of
planned capital additions, with all significant assumptions explained
in notes or supporting schedules;
(13)
Any other information as may be reasonably necessary to demonstrate
compliance with the requirements of this article and any information
that the City may request of the applicant that is relevant to the
city's consideration of the application; and
(14)
An affidavit or declaration of the applicant or an authorized officer
thereof certifying the truth and accuracy of the information in the
application, acknowledging the enforceability of application commitments
and certifying that the proposal meets, and that the applicant will
comply with, all federal and state law requirements.
F.
An application for modification of a franchise agreement shall include,
at a minimum, the following information:
(1)
The specific modification requested;
(2)
The justification for the requested modification, including the impact
of the requested modification on subscribers and others and the financial
impact on the applicant if the modification is approved or disapproved;
(3)
A statement as to whether the modification is sought pursuant to
Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so,
a demonstration that the requested modification meets the standards
set forth in 47 U.S.C. § 545; and
(4)
Any other information necessary for the City to make an informed
determination on the application for modification.
H.
An application for approval of a transfer of a franchise shall comply
with the requirements of § 90-23.
I.
Filing fee.
(2)
The purpose of the filing fee is to defray a portion of the city's
cost in awarding or enforcing a franchise. The filing fee is therefore
intended to be a charge incidental to the awarding or enforcing of
a franchise within the meaning of Section 622(g)(2)(D) of the Cable
Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from
the franchise fee imposed pursuant to § 90-16.
A.
Any franchise granted by the City shall require the franchisee to
serve all residents of the City who are accessible through use of
the public streets and rights-of-way. The franchise term shall be
for a period to be determined by Council, but such period shall in
no event exceed 15 years.
B.
The City may make the grant of a franchise conditional upon the completion
of construction within a prescribed period of time or upon the performance
of other specific obligations which are to be set forth in the franchise
agreement, specifying that failure to comply with such conditions
will cause the franchise to become null and void without further action
by the city.
C.
Evaluating applications.
(1)
In evaluating an application for a franchise, the City may consider,
among other things, the following factors:
(a)
The applicant's technical, financial and legal qualifications
to construct and operate the proposed system;
(b)
The nature of the proposed facilities, equipment and services;
(c)
The applicant's experience in constructing and operating
a cable system and in providing cable service in other communities,
if any;
(d)
The ability of City streets to accommodate the proposed system;
(e)
The potential disruption to users of City streets and any resultant
inconvenience to the public;
(f)
Whether the proposal will meet reasonably anticipated community
needs and serve the public interest;
(g)
Whether any adverse consequences to the public interest will
result if the application is granted; and
(h)
Any other criteria as required by federal or state law.
(2)
In evaluating any application for a franchise, the City shall not
consider the content of the programming that the applicant proposes
to provide.
D.
The City may hold a public hearing to consider an application. The
applicant shall be notified of the hearing and shall be given an opportunity
to be heard. Based upon the application, the testimony presented at
the public hearing, any recommendations of the City Administrator
and any other information relevant to the application, Council shall
decide, by resolution, whether to approve or deny a franchise application
and shall decide the terms and conditions of any franchise granted.
Upon the grant of a franchise, the grantee's application shall
become an integral part of said franchise, and the grantee shall be
bound by the representations therein made.
E.
If Council grants a franchise application, the City Administrator
and the grantee shall agree on the terms of a franchise agreement
within 60 calendar days from the date of the Council resolution making
the grant. This period may be extended for good cause by the city.
If agreement is not reached with the City within 60 calendar days
from the date of the Council resolution making the grant, or if the
period is not extended by the city, the franchise grant will become
null and void without further action by the city.
F.
Following at least 10 days' prior notice to the grantee and
the public, Council may hold a public hearing at which it will receive
comment on the proposed franchise agreement.
G.
After complying with the above requirements, Council shall approve
or disapprove the proposed franchise agreement, by resolution, or
may direct that such proposed agreement be subject to further negotiation.
H.
The grant of an initial franchise, a renewed franchise, an application
to modify a franchise agreement or an application to transfer a franchise
may be subject to a processing fee in an amount not to exceed the
city's out-of-pocket costs incurred in considering the application,
less the amount of the filing fee set pursuant to § 95-8I.
Within 30 calendar days from the date of the Council resolution approving
or denying the franchise agreement or modification or transfer thereof,
the City shall notify the grantee of the amount of any processing
fee and its method of calculation. If the processing fee is not paid
to the City within 60 calendar days of the date of the Council resolution
approving or denying the franchise agreement or a modification or
transfer thereof, any approval granted by such resolution will become
null and void. The purpose of the processing fee is to recoup the
city's cost in awarding or enforcing a franchise. The processing
fee is therefore intended to be a charge incidental to the awarding
or enforcing of a franchise within the meaning of Section 622(g)(2)(D)
of the Cable Act, 47 U.S.C. § 542(g)(2)(D), and may not
be deducted from the franchise fee imposed pursuant to § 90-16.
A.
A franchisee shall maintain and, by its acceptance of the franchise,
specifically agrees that it will maintain, throughout the entire length
of the franchise period and at its sole cost and expense, the following
liability insurance coverage insuring the City and the franchisee:
(1)
Workers' compensation and employee liability insurance, in conformance
with the laws of the State of Michigan.
(2)
Automobile liability insurance for each of the franchisee's
vehicles, including owned, nonowned (i.e. vehicles owned by the franchisee's
employees and used in the course and scope of employment), leased
or hired vehicles, in the minimum amount of $1,000,000 combined single
limit per accident for bodily injury, death and property damage.
(3)
Comprehensive or commercial general liability insurance coverage,
in the minimum aggregate annual amount of $2,000,000 combined single
limit, including bodily injury, personal injury, death and broad-form
property damage. Such insurance coverage shall include, without limitation:
(4)
Slander/libel/defamation general liability insurance, in the minimum
aggregate annual amount of $1,000,000.
B.
All insurance policies shall be with sureties qualified to do business
in the State of Michigan and which have an A-1 or better rating of
insurance by Best's Key Rating Guide, Property/Casualty Edition,
and all such policies shall be in a form approved by the City Administrator.
The City may require coverage and amounts in excess of the above minimums,
where reasonably necessary, in view of the franchisee's greater
exposure to liability.
C.
All insurance policies shall be available for review by the city,
and a franchisee shall keep on file with the City all certificates
of insurance.
D.
All insurance policies shall name the City and its officials and
employees as additional insureds and shall further provide that any
cancellation or reduction in coverage shall not be effective unless
60 days' prior written notice thereof has been given to the city.
A franchisee shall not cancel any required insurance policy without
submission of proof that the franchisee has obtained alternative insurance
which is satisfactory to the City and which complies with this section.
E.
Unless modified in the franchise agreement, a franchisee shall, at
its sole cost and expense, indemnify, hold harmless and defend the
City and its officials, boards, commissions, commissioners, agents
and employees against any and all claims, suits, causes of action,
proceedings and judgments for damages or equitable relief arising
out of the construction, maintenance or operation of its cable system,
or in any way arising out of the franchisee's enjoyment or exercise
of a franchise granted hereunder, regardless of whether the act or
omission complained of is authorized, allowed or prohibited by this
article or a franchise agreement. This provision includes, but is
not limited to, claims arising out of copyright infringements or out
of a failure by the franchisee to secure consents from the owners,
authorized distributors or franchisees of programs to be delivered
by the cable system.
F.
A franchisee shall, at its sole cost and expense, fully indemnify,
defend and hold harmless the city, and in its capacity as such, the
officers, agents, and employees thereof, from and against any and
all claims, suits, actions, liability and judgments for damages or
otherwise subject to Section 638 of the Cable Act, 47 U.S.C. § 558,
arising out of, or alleged to arise out of, the installation, construction,
operation or maintenance of its system, including, but not limited
to, any claim against the franchisee for invasion of the right of
privacy, defamation of any person, firm or corporation, or the violation
or infringement of any copyright, trademark, trade name, service mark
or patent, or of any other right of any person, firm or corporation.
Nothing in this section shall prohibit the City from participating
in the defense of any litigation by its own counsel and obtaining
indemnification of the costs associated therewith, unless otherwise
provided for in the franchise agreement.
G.
Consistent with the immunities contained in federal law, in no event
shall the franchisee be liable to, or hold the City harmless from,
any claim arising out of the operation of the access channels for
public, educational and/or governmental use.
A.
Where the City finds itself not totally satisfied with the financial
ability of the franchisee to operate its cable system or for other
reasons specifically stated by Council in its resolution approving
the franchise, prior to the franchise becoming effective, the franchisee
may be required by the franchise agreement to post with the City a
cash security deposit in an amount of not less than $10,000 to be
used as a security fund to ensure the faithful performance of all
provisions of this article, the franchise agreement, and other applicable
law, to ensure compliance with all orders, permits and directions
of the city, and to ensure the payment by the franchisee of any claims,
liens, fees or taxes due to the City which arise by reason of the
franchisee's construction, operation or maintenance of a cable
system in the city. A franchise agreement may provide for a security
fund greater than the amount specified in this subsection, where the
City determines, under circumstances existing at the time, that such
larger security fund is necessary to protect the public or to provide
adequate incentive to the franchisee to comply with this article and
the franchise agreement.
B.
Unless a franchise agreement provides otherwise, the entire balance
of the security fund shall be deposited by the franchisee in the form
of a certified or cashier's check made payable to the city, or
as a letter of credit in a form approved by the City Treasurer.
C.
The City shall place the security deposit in an interest-bearing
account. The interest will accrue to the benefit of the franchisee,
but may not be withdrawn by the franchisee. All interest shall be
added to and shall become part of the security fund during the term
of the franchise.
D.
If a franchisee fails to pay the City any fees or taxes, liquidated
damages, damages, or costs or expenses incurred by the City by reason
of any act or default of the franchise, or if the franchisee fails
to comply with any provision of the franchise agreement or this article
that the City determines can be remedied by an expenditure of the
security fund, the City may, after 10 calendar days' notice to
the franchisee, withdraw that amount, with any interest or penalties,
from the security fund. After such withdrawal, the City shall promptly
notify the franchisee of the amount and date of the withdrawal.
E.
Within 30 calendar days after notice to the franchisee that an amount
has been withdrawn by the City from the security fund, the franchisee
shall deposit a sum of money sufficient to restore the security fund
to the total amount in the fund immediately prior to the withdrawal.
If the franchisee fails to restore the security fund to the original
amount within 30 calendar days, the entire security fund remaining
may be forfeited, and/or such failure may be considered a material
violation of this article and a breach of the franchise agreement,
and may be used as grounds for revocation of the franchise.
F.
The security fund will become the property of the City in the event
the franchise is revoked. The franchisee is entitled to the return
of the balance of the security fund that remains following expiration
of the franchise, provided that there is no outstanding default or
unpaid amounts owed to the City by the franchisee.
G.
The rights reserved to the City with respect to the security fund
shall be in addition to all other rights of the city, whether reserved
by this article or authorized by other law or the franchise agreement,
and no action, proceeding or exercise of a right, with respect to
such security fund, shall affect any other right the City may have.
A.
A franchise agreement may provide that, prior to any cable system
construction, upgrade or other work in the streets, a franchisee shall
establish in the city's favor a performance bond in an amount
specified in the franchise agreement or other authorization as reasonably
necessary to ensure the franchisee's faithful performance of
the construction, upgrade or other work, but the amount of such performance
bond shall not exceed 125% of the estimated cost of the street work
and repair associated with such construction, upgrade or other work.
The franchisee shall submit an estimate of such cost to the City for
the city's approval.
B.
In the event a franchisee subject to such a performance bond, fails
to complete the cable system construction, upgrade or other work in
the streets in a safe, timely and competent manner in accordance with
the provisions of the franchise agreement, there shall be recoverable,
jointly and severally, from the principal and surety of the bond,
any damages or loss suffered by the City as a result, including the
full amount of any compensation, indemnification or cost of removal
or abandonment of any property of the franchisee, or the cost of completing
or repairing the cable system construction, upgrade or other work
in the streets, plus a reasonable allowance for attorneys' fees,
up to the full amount of the bond. The City may also recover against
the bond any amount recoverable against the security fund pursuant
to § 90-11D, where such amount exceeds that available under
the security fund.
C.
Upon completion of the cable system construction, upgrade or other
work in the streets and payment of all construction obligations of
the cable system, and upon receipt of written notice that the work
was done to the satisfaction of the city, the franchisee may eliminate
the bond. However, the City may subsequently require a new bond for
any subsequent construction, upgrade or other work in the streets.
In any event, the total amount of the bond shall not exceed the amount
specified in Subsection A hereof.
D.
The performance bond shall be issued by a surety with an A-1 or better
rating of insurance in Best's Key Rating Guide, Property/Casualty
Edition, shall be subject to the approval of the City Administrator
and the City Attorney and shall contain the following endorsement:
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"This bond may not be canceled, or allowed to lapse, until 60
days after receipt by the city, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
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E.
The rights reserved by the City with respect to any performance bond
established pursuant to this section shall be in addition to all other
rights and remedies the City may have under this article and the franchise
agreement or at law or equity.
A.
The following minimum requirements for facilities and services shall
apply to all franchises granted by the city. The City may require
in a franchise agreement that a franchisee exceed these minimum requirements
where the City determines, under circumstances existing at the time
of the application, that the additional requirements are necessary
to meet public needs:
(1)
Any cable system constructed, upgraded or reconstructed after the
effective date of this article shall, at a minimum be able to pass
frequencies of up to 750 Mhz and have at least 78 video channels activated
and in use; and have two-way capability. A franchise agreement may
provide for a larger minimum channel capacity requirement.
(2)
The City may require that a franchisee provide access channels for
public, educational and/or governmental use.
(3)
A cable system shall provide leased access channels as required by
federal law.
(4)
A franchisee may be required to provide cable service without charge
to all facilities within the City passed by the cable system that
are owned or predominantly occupied by the City or an educational
institution and that are devoted to predominantly educational or governmental
use. Such cable service shall be provided by means of a single drop
extending to each building selected by the City or the educational
institution. Each such drop shall provide all services available over
the cable system, with the exception of optionally charged per-channel
or per-program services. A franchisee may be required to extend a
drop internally to particular locations within the City or to educational
institution facilities. If a franchise agreement does not require
a franchisee to extend a drop internally, the drop may be internally
extended by the City or the educational institution without cost to,
or responsibility of, the franchisee, subject to the condition that
all such internal extensions shall be inspected for signal leakage
by the franchisee, at no cost to the City or the educational institution,
to ensure that such internal extensions meet all FCC requirements
relative to signal leakage.
(5)
A franchisee shall design its system to allow the City to interrupt
cable service in an emergency to deliver necessary information to
subscribers.
(6)
A franchisee shall make available to its subscribers equipment capable
of decoding closed circuit captioning information for the hearing
impaired.
(7)
Standard installation shall consist of a drop, not exceeding 200
feet, to a subscriber's residence or place of commercial or industrial
business. Residential or commercial business drops in excess of 200
feet may be charged according to the franchisee's rate schedule.
B.
Unless a franchise agreement provides otherwise, a franchisee shall
make cable service available to every dwelling within the franchisee's
service area.
A.
Any cable system within the City shall meet or exceed all FCC and
other applicable federal or state technical and signal quality standards
for cable systems, including any such standards or regulations as
hereinafter may be amended or adopted.
B.
Signals provided by a franchisee to a subscriber must be able to
be received by the subscriber's television set or cable system
terminal device.
C.
All television signals transmitted on a cable system shall include
any closed-circuit captioning information for the hearing impaired
that is included within the signal as received.
D.
Antennas, supporting structures, head-end and associated equipment
and outside plant used in the system shall be designed to comply with
the recommendations of the Electronics Industry Association on tower
structures and outside plant, and with all federal, state, county,
City and/or utility laws, ordinances, rules and regulations.
F.
A franchisee shall not design, install or operate its facilities
in a manner that will interfere with the signals of any broadcast
station, the electrical or telephone system located in any building,
the cable system of another franchisee or individual or master antennas
used for receiving television or other broadcast signals.
G.
At the franchisee's expense, a franchisee shall submit, upon
reasonable request, to the City Administrator, the most recently accumulated
system performance data. Measurements for said data shall be taken
in conformity with applicable FCC rules.
H.
Upon request, a franchisee shall provide the City with at least 10
days' advance written notice before each performance test required
herein, so that a City representative may be present for such test.
I.
A franchisee shall maintain all of its real property, head-end facilities
and outside plant in a safe and not an unsightly condition.
A.
Applications for an initial or renewed franchise may, and, at the
city's request, shall, include proposals for the provision of
access channels and equipment and facilities relating to such channels
sufficient to meet community needs.
B.
In addition to any access facilities and equipment provided by a
franchise pursuant to a franchise agreement, a franchisee shall provide,
at the request of the City Administrator or a duly designated administrative
officer (DAO), the use of studio equipment and technical services
for the production of live and video-taped access programs, subject
to availability and to scheduling requirements of the franchisee.
C.
The City may, at any time and in its sole discretion, delegate responsibility
for developing, managing, administering or utilizing any access channel
or access channels to one or more DAO's.
D.
Upon a franchisee's consent, and upon terms and conditions mutually
agreed on by the City and a franchisee, whether in a franchise agreement
or otherwise, the City may delegate responsibility for developing,
managing, administering or utilizing any access channel to a franchisee.
E.
Applications for an initial or renewed franchise may, and, at the
city's request, shall, include proposals for the provision of
an institutional network interconnecting properties that are located
within the City and owned by either the City or the local school district.
A.
A franchisee, as compensation for the privilege granted under a franchise
for the use of the city's streets and rights-of-way to construct
and operate a cable system and enjoy other benefits of a franchise
granted pursuant to this article, shall pay to the City a franchise
fee in an amount up to a maximum of either 5% of the franchisee's
gross revenues derived from the operation of its cable system within
the City during the term of its franchise, or, in the event the Cable
Act or other applicable federal or state law is amended to permit
the City to assess a franchise fee of a greater amount than that specified
above, then the maximum amount permitted by such amendment to the
Cable Act or other applicable law.
B.
A franchisee shall pay the franchise fee due to the City on a quarterly
basis. Payment for each quarter shall be made to the City not later
than 30 days after the end of each calendar quarter.
C.
Unless a franchise agreement provides otherwise, a franchisee shall
file with the city, within 30 days of the end of each calendar quarter,
a financial statement showing the franchisee's gross revenues
during the preceding quarter and the number of subscribers served.
D.
No acceptance by the City of any franchise fee payment shall be construed
as acknowledgment by the City that the amount paid is in fact the
correct amount, nor shall such acceptance of payment be construed
as a release of any claim the City may have for additional sums payable.
E.
The franchise fee payment is not a payment in lieu of any other tax,
fee or assessment.
F.
A franchisee shall file, within three months following the end of
each of its fiscal years, a statement setting forth the computation
of gross revenues used to calculate the franchise fee for the preceding
year and a detailed explanation of the method of computation. The
statement shall be certified by a certified public accountant or the
franchisee's chief financial officer. The franchisee shall bear
the cost of the preparation of such financial statements.
G.
The City may, from time to time and upon reasonable notice, inspect
and audit any and all books and records of the franchisee relevant
to the determination of gross revenues and to the computation of franchise
fees due, and may recompute any amounts determined to be payable under
the franchise. The cost of the audit shall be borne by the franchisee
if, as a result of the audit, the City determines that the franchisee
has underpaid the franchise fees owed in an amount exceeding 5% of
the franchise fees actually paid. The audit shall be performed in
the City or in Wayne County, and it shall be the responsibility of
the franchisee to have all books and records necessary to satisfactorily
perform the audit readily available to the auditors.
H.
In the event that a franchise fee payment is not received by the
City on or before the due date set forth in Subsection B hereof, or
is underpaid, the franchisee shall be charged interest from the due
date at an interest rate equal to 3% above the rate for three-month
federal treasury bills at the most recent United States Treasury Department
sale of such treasury bills occurring prior to the date of the due
date of the franchise fee payment. In addition, the franchisee shall
pay a late charge of 12% of the amount of the unpaid or underpaid
franchise fee payment.
I.
When a franchise terminates for whatever reason, the franchisee shall
file with the city, within 90 calendar days of the date its operations
in the City cease, a financial statement, certified by a certified
public accountant or the franchisee's chief financial officer,
showing the gross revenues received by the franchisee since the end
of the previous fiscal year. Adjustments shall be made at that time
for franchise fees due up to the date that the franchisee's operations
ceased.
A.
The following information shall be maintained at the franchisee's
office in Wayne County and shall be made available for inspection
and photocopying by the city, upon its request:
(1)
A summary of the previous year's activities in development of
the cable system, including, but not limited to, services initiated
or discontinued, the total number of subscribers (including gains
and losses), the number of subscribers for each tier of service (including
gains and losses), homes passed and miles of cable distribution plant
in service. The summary shall also include a comparison of any construction,
including system upgrades, during the year, with any projections previously
provided to the city, as well as rate and charge increases and/or
decreases for the previous fiscal year.
(2)
A summary of subscriber or consumer complaints, identifying the number
and nature of such complaints and their disposition. Where complaints
involve recurrent system problems, the nature of each problem and
the corrective measures taken shall be identified. More detailed information
on complaints shall be submitted upon request of the city.
(3)
A summary of the number of outages, the number of planned outages,
the number of outages during prime viewing hours and the number of
outages by duration.
(4)
If the franchisee is a corporation, a list of officers and members
of the board of directors; the officers and members of the board of
directors of any parent corporation; and, if the franchisee or its
parent corporation's stock or ownership interests are publicly
traded, a copy of its most recent annual report.
(5)
If the franchisee is a partnership, a list of the partners, including
any limited partner, and their addresses; and, if the general partner
is a corporation, a list of officers and members of the board of directors
or the corporate general partner and the officers and directors of
any parent corporation; and, if the general partner or its parent
corporation's ownership interests are publicly traded, a copy
of its most recent annual report.
(6)
A list of all partners or known stockholders holding 5% or more ownership
interest in the franchisee and any parent corporation; provided, however,
that when any such entity has fewer than 10 persons holding 5% or
greater ownership interest, the list shall include the 10 largest
such holders.
(7)
A report on the number of elderly and handicapped subscribers receiving
any rate discounts and the amount of the discounts for specific services.
(8)
An annual report of the franchisee or each affiliate of the franchisee
which controls the franchisee and issues an annual report.
(9)
Copyright filings reflecting the operation of the system.
(10)
FCC Forms 325 and 395 for the system, or their successor forms.
(11)
Any filing made at the FCC or any state or federal agency regarding
the system, its proof-of-performance tests, or its RF signal leakage
tests.
B.
A franchisee shall provide the following documents or information
to the City minimally on an annual basis. The franchisee shall also,
not later than 30 days after any substantial change, modification,
notice or update, provide the City with:
(1)
An audited financial statement, including a statement of income,
a balance sheet and a statement of sources and applications of funds
for itself or for its top-level parent company. The statement shall
include notes that specify all significant accounting policies and
practices upon which it is based. A summary shall be provided comparing
the current year with previous years since the beginning of the franchise.
(2)
A detailed copy of updated as-built maps depicting the location of
all cable plant, showing the areas served and the locations of all
trunk lines and feeder lines in the city.
(3)
A copy of the franchisee's rules and regulations applicable
to subscribers of the cable system.
(4)
A full schedule and description of services, service hours and the
location of the franchisee's customer service office or offices
available to subscribers in the city, and a schedule of all rates,
fees and charges for all services provided over the cable system.
(5)
Any notice of deficiency, forfeiture or documents instituting any
investigation or civil or criminal proceeding issued by any state
or federal agency regarding the system, the franchisee or any affiliate
of the franchisee, to the extent that the same may directly or indirectly
materially and negatively affect or bear on operations in the city.
For example, a notice that an affiliate that has a management contract
for the city's system was not in compliance with FCC EEO requirements
would be deemed to materially and negatively affect or bear on operations
in the city.
(6)
Any request for protection under bankruptcy laws or any judgment
related to a declaration of bankruptcy.
C.
A franchisee shall make available to the city, on request, a complete
set of books and records in the City or in Wayne County for inspection
and audit by the City for purposes of ascertaining compliance with
the requirements of this article and the franchise agreement. Such
inspection and audit shall be conducted at the franchisee's office
located in Wayne County, shall only follow reasonable notice and shall
only occur during normal business hours.
D.
The city's access to a franchisee's books and records shall
not be denied on the grounds that the information therein is proprietary
or confidential; provided, however, that a franchisee shall not be
required by the City to provide any personally identifiable information
which is prevented from being disclosed by federal or state law. Upon
written request by the franchisee, and to the extent allowed by applicable
law, information of a proprietary nature, submitted by the franchisee
to the City pursuant to this article or a franchise agreement, shall
not be made available for public inspection.
A.
Compliance with FCC. A franchisee shall comply with all FCC customer
service standards for cable systems and cable operators, as now in
effect or hereafter amended.
B.
Business office and hours. A franchisee shall maintain at least one
business office in Wayne County, which shall be open during normal
business hours, including, at a minimum, 9:00 a.m. through 5:00 p.m.,
Monday through Friday.
C.
Accessibility. A franchisee shall maintain a listed local, toll-free
telephone number and shall employ a sufficient number of telephone
lines, personnel and answering equipment or service to allow reasonable
access by subscribers and members of the public to contact the franchisee
on a full-time basis, 24 hours a day, seven days a week, including
holidays. Telephone answering time (including hold and transfer time)
shall not exceed 30 seconds. This standard shall be met 90% of the
time. When the business office is closed, an answering machine or
answering service capable of receiving and recording service complaints
and inquiries shall be employed. The after-hours answering service
shall comply with the same telephone answer time standard set forth
in this subsection. Each franchisee shall use its best effort to document
and, if requested by the city, to verify, that it has met the standards
set forth herein.
D.
Capability. A franchisee shall employ and maintain sufficient qualified
personnel and/or equipment to be available:
(1)
To accept payments during normal business hours;
(2)
To exchange or accept converters or other equipment during normal
business hours;
(3)
To receive subscriber complaints or requests for service or repairs
on a full-time basis, 24 hours a day, seven days a week; and
(4)
To initiate service installations, undertake normal repairs and initiate
action with respect to subscriber complaints on Monday through Friday,
from 9:00 a.m. to 5:00 p.m., on Saturday from 9:00 a.m. through 1:00
p.m. and at such other times as may be necessary to accommodate demand.
E.
Installation. Standard installation work shall be performed within
seven business days after an order has been placed, except in those
instances where a subscriber specifically requests an installation
date beyond the seven-business-day period.
F.
Appointments. All appointments for service, installation or disconnection
shall be specified by date. The franchisee shall offer a choice of
morning (9:00 a.m. to 12:00 p.m.), afternoon (12:00 p.m. to 5:00 p.m.)
or all-day (9:00 a.m. to 5:00 p.m.) appointment opportunities. A franchisee
may not cancel an appointment with a customer after the close of business
on the business day prior to a scheduled appointment, and, if the
installer is running late and will not be able to keep the service
appointment as scheduled, the customer shall be contacted and the
appointment rescheduled at the customer's convenience.
G.
Service interruptions. The franchisee shall begin working on a service
interruption promptly, but no later than 24 hours after it is notified
that a problem exists. A franchisee shall begin work to correct a
service problem not involving actual interruption not later than the
next business day after being notified of the problem.
H.
Disconnection.
(1)
Voluntary disconnection.
(a)
A subscriber may terminate service at any time.
(b)
A franchisee shall promptly disconnect any subscriber who so
requests from the grantee's cable system. No period of notice
prior to voluntary termination of service may be required of subscribers
by any franchisee. So long as the subscriber returns equipment within
five business days of the disconnection, no charge may be imposed
by any franchisee for such voluntary disconnection or for any cable
services delivered after the date of disconnect request.
(c)
Any security deposit and/or other funds due the subscriber shall
be refunded on disconnected accounts after the converter has been
recovered by the franchisee. The refund process shall take a maximum
of 45 days from the date disconnection was requested to the date the
customer receives the refund.
(2)
Involuntary disconnection. If a subscriber fails to pay a monthly
subscriber or other fee or charge, the franchisee may disconnect the
subscriber's service outlet. However, such disconnection shall
not be effected until 45 days after the due date of the monthly subscriber
fee or other charge and unless the franchisee has given at least 10
days' advance written notice of intent to disconnect to the subscriber
in question. If the subscriber pays within 45 days of the due date
or within 10 days after notice of disconnection has been given, the
franchisee shall not disconnect the service. Unless otherwise provided
in the franchise agreement, after disconnection and upon payment by
the subscriber, in full, of all proper fees or charges, including
the payment of the reconnection charge, if any, the franchisee shall
promptly reinstate service.
(3)
Removal of facilities. Nothing in this article shall be construed
to prevent the franchisee from removing its property from a subscriber's
premises upon the termination of service. At the subscriber's
request, a franchisee shall remove all of its facilities and equipment
from the subscriber's premises within 30 calendar days of the
subscriber's request. Where removal is impractical, such as with
buried cable or internal wiring, facilities and equipment may be disconnected
and abandoned rather than removed.
I.
Accommodation of mobility-limited customers. With regard to mobility-limited
customers, upon subscriber request, the franchisee shall arrange for
pickup and/or replacement of converters or other company equipment
at the subscriber's address or else provide a satisfactory equivalent
(such as the provision of a postage-prepaid mailer).
J.
System malfunctions. A franchisee shall have available at all times
personnel, equipment and procedures capable of locating and correcting
system malfunctions. Major system malfunctions shall be corrected
promptly and corrective measures initiated immediately, but in no
event later than 24 hours after the malfunction becomes known. Corrective
action for all other malfunctions shall be initiated as provided for
in the franchise agreement, but not later than the next business day
after the subscriber service call is received. The franchisee shall
resolve or attempt to resolve any service complaint within five working
days.
K.
Subscriber complaints. A franchisee shall develop written procedures
for the investigation and resolution of all subscriber or City resident
complaints, including, but not limited to, those regarding the quality
of service and equipment malfunction. A franchisee's good faith,
or lack thereof, in attempting to resolve subscriber and resident
complaints in a fair and equitable manner shall be considered in connection
with the franchisee's renewal application, and a franchisee's
failure to act in good faith may result in appropriate enforcement
action against the franchisee.
L.
Instructions for subscribers. A franchisee shall provide each subscriber,
at the time cable service is installed, written instructions for placing
a service call, filing a complaint or requesting an adjustment. Each
subscriber shall also be provided with a schedule of the subscriber's
rates and charges, a copy of the service contract, a description of
delinquent subscriber disconnect and reconnect procedures and a description
of any other of the franchisee's policies in connection with
its subscribers. Copies of these instructions shall be provided to
the city.
M.
Notice of chances in service. A franchisee shall provide all subscribers
and the City Administrator with at least 30 days' advance written
notice of any changes in rates, charges, programming, channel positions
or initiations or discontinuations of service over the cable system.
N.
Intentional interruption of service. A franchisee may intentionally
interrupt service on the cable system only for good cause and for
the shortest time possible and, except in emergency situations, only
after prior notice which has been reasonably calculated to inform
the City and/or the City Administrator of the anticipated service
interruption. However, planned maintenance which does not require
more than two hours interruption of service and which occurs between
the hours of 12:00 a.m. and 6:00 a.m. shall not require such notice
to be given.
O.
Credit for service outages. Except for planned service outages where
subscribers are provided reasonable notification in advance and service
outages beyond the franchisee's control, upon a subscriber's
request, a franchisee shall provide a prorated twenty-four-hour credit
to the subscriber's account for any period of eight hours or
more within a twenty-four-hour period during which a subscriber experienced
an outage of service or substantial impairment of service, whether
due to a system malfunction or other cause.
P.
Billing requirements.
(1)
The franchisee's first billing statement after a new installation
or service change shall be prorated as appropriate and shall reflect
any security deposit.
(2)
The franchisee's billing statement must be clear, concise and
understandable, must itemize each category of service and equipment
provided to the subscriber and must state clearly the charge therefor.
(3)
The franchisee's billing statement must show a specific payment
due date. Any balance not received by the due date may be assessed
a late fee consistent with consumer protection and usury laws of the
State of Michigan. The late fee shall appear on the following month's
billing statement.
(4)
The franchisee must notify the subscriber that he or she can remit
payment in person at the franchisee's office in the City and
must inform the subscriber of the address of that office.
(5)
Subscribers shall not be charged a late fee or be otherwise penalized
for any failure by the franchisee or its employees or contractors,
including failure to timely or correctly bill the subscriber and failure
to properly credit the subscriber for a payment timely made.
(6)
In the event of a billing dispute, the franchisee shall waive a late
fee until a final resolution of the dispute is agreed upon between
the franchisee and the City.
Q.
Alteration of service. In addition to rights reserved by the city,
subscribers shall have rights with respect to alterations in service
as provided by federal and state law. Subscribers may or may not be
required to pay any charge (other than the regular service fee), including
an upgrade or downgrade charge, in order to receive the services selected.
No charge may be made for any service or product which the subscriber
has either not previously received or not affirmatively indicated
it wishes to receive, separate and apart from payment of the regular
monthly bill.
R.
Exclusions. Acts of God, natural disasters, war, accidents and other
circumstances beyond the franchisee's control are excluded from
the provisions of this section, provided that a franchisee takes all
reasonable measures to cure the problem as soon as practicable and
provided, further, that the franchisee shall not be excused by mere
economic hardship nor by misfeasance, malfeasance or nonfeasance of
its directors, officers, employees, agents or contractors.
A.
A franchisee shall at all times protect the privacy of all subscribers
pursuant to the provisions of Section 631 of the Cable Act, 47 U.S.C.
§ 551. A franchisee shall not condition subscriber service
on the subscriber's grant of permission to disclose information
which, pursuant to federal or state law, cannot be disclosed without
the subscriber's explicit consent. No penalties or extra charges
may be invoked by the franchisee for a subscriber's failure to
grant consent.
B.
Neither the franchisee nor its agents or employees shall, without
the prior and specific written authorization of the subscriber involved,
sell or otherwise make available for commercial purposes the names,
addresses or telephone numbers of any subscriber or subscribers, or
any information which identifies the individual viewing habits of
any subscriber or subscribers. However, the franchisee shall be allowed
to make subscriber lists available to the franchisee's affiliates
and programmers, if not otherwise precluded from doing so by federal
or state law.
A.
No franchisee may, in its rates or charges, in the availability of
the services or facilities of its system or in any other respect,
make or grant undue preferences or advantages to any subscriber, potential
subscriber or group of subscribers or potential subscribers, nor subject
any such persons or group of persons to any undue prejudice or any
disadvantage.
B.
A franchisee shall have a rate structure for the provision of cable
service that is uniform throughout the geographic area in which such
service is provided over its cable system.
C.
A franchisee shall not deny, delay or otherwise burden service, nor
discriminate against subscribers or users on the basis of age, race,
creed, religion, color, sex, handicap, national origin, marital status
or political affiliation, except for discounts for the elderly, handicapped
or economically disadvantaged groups that are applied in a uniform
and consistent manner.
D.
A franchisee shall not deny cable service to any potential subscriber
because of the income of the residents of the area in which the subscriber
resides.
E.
A franchisee shall not refuse to employ any person, nor discharge
any person from employment, nor discriminate against any person in
compensation or in terms, conditions or privileges of employment,
because of age, race, creed, religion, color, sex, handicap, national
origin, marital status or political affiliation. A franchisee shall
comply with federal, state and local laws and regulations governing
equal employment opportunities, as the same may be from time to time
amended.
A franchisee shall, at all times during the term of its franchise,
substantially comply with all provisions relating to the use of streets
or public rights-of-way found in Chapters 9, 115, 159, 212, 217, 235,
254 of the Code of the City or Rockwood, as those chapters now exist
or may from time to time be amended.
A.
Any request to renew a franchise or to initiate a renewal process
that is not submitted within the time period set forth in Section
626(a) of the Cable Act, 47 U.S.C. § 546(a), shall be deemed
an informal proposal for renewal and shall be governed in accordance
with Section 626(h) of the Cable Act, 47 U.S.C. § 546(h).
The City may hold one or more public hearings or may implement other
procedures under which comments from the public on an informal proposal
for renewal may be received. Following such public hearings or other
procedures, Council shall determine whether the franchise should be
renewed and shall determine the terms and conditions of any such renewal.
B.
In the event a franchisee requests the city, in writing, to initiate
renewal proceedings within the time period prescribed by Section 626(a)
of the Cable Act 42 U.S.C. § 546(a), the following procedures
shall apply:
(1)
Upon completion of the review and evaluation process set forth in
Section 626(a)(1)(2) of the Cable Act, 47 U.S.C. § 546,
the City shall notify the franchisee that it may file a renewal application.
The notice shall specify the information to be included in the renewal
application and the deadline for filing the application, which shall
be no earlier than 30 calendar days following the date of the notice.
(a)
The application shall comply with the requirements of § 90-8
(unless formal renewal proceedings had begun prior to the adoption
of this article) and shall provide the specific information requested
in the notice and any other applicable information required in § 90-08E.
If the franchisee does not submit a renewal application by the date
specified in the city's notice to the franchisee given pursuant
to this subsection, the franchisee shall be deemed to be not seeking
renewal of its franchise.
(b)
Upon receipt of the renewal application, the City shall publish
notice of its receipt and shall make copies available to the public.
The city, following reasonable and adequate prior public notice, may
hold one or more public hearings on the renewal application.
(2)
In the event a public hearing on the renewal application is held,
or in the event that Council considers the renewal application without
a public hearing, Council will either:
(3)
If a preliminary assessment is made that a franchise should not be
renewed, at the request of the franchisee or on its own initiative,
the City will commence a proceeding in accordance with Section 626(c)
of the Cable Act, 47 U.S.C. § 546(c), to address the issues
set forth in Section 626(c)(1)(A)(D) of the Cable Act, 47 U.S.C. § 546(C)(1)(A)
through (D).
C.
If Council grants a renewal application, the City and the franchisee
shall agree on the terms of a franchise agreement, pursuant to the
procedures specified in § 90-9E through H, before such renewal
becomes effective.
D.
If renewal of a franchise is denied, the City may acquire ownership
of the cable system or may effect a transfer of ownership of the system
to another person upon approval of Council. Any such acquisition or
transfer shall be at its fair market value, determined on the basis
of the cable system valued as a going concern, but with no value allocated
to the franchise itself.
E.
If renewal of a franchise is denied and the City does not purchase
the cable system or approve or effect a transfer of the cable system
to another person, the City may require the former franchisee to remove
its facilities and equipment at the former franchisee's expense.
If the former franchisee fails to do so within a reasonable period
of time, the City may have the removal done at the former franchisee's
and/or surety's expense.
A.
No transfer of a franchise shall occur without prior approval of
Council. Notwithstanding the foregoing, none of the restrictions or
procedures required by this article shall apply to the transfer of
a franchise to any affiliate of the franchisee.
B.
At least 120 days prior to the contemplated effective date of a transfer,
the franchisee shall submit to the City an application for approval
of the transfer.
C.
An application for a transfer of a franchise shall meet the requirements
prescribed in § 90-8, unless such transfer process had begun
prior to the adoption of this article. The application shall also
provide complete information on the proposed transaction, including
details on the legal, financial, technical and other qualifications
of the transferee, and on the potential impact of the transfer on
subscriber rates and service. At a minimum, the information required
in § 90-8E(1) through E(5) and E(14) shall be provided with
respect to the proposed transferee. The information required in § 90-8E(6)
through E(13) hereof shall also be provided whenever the proposed
transferee expects material changes to occur in those areas.
D.
In making a determination on whether to grant an application for
a transfer of a franchise, Council shall consider the legal, financial,
technical and other qualifications of the transferee to operate the
system, whether or not the incumbent franchisee is in compliance with
its franchise agreement and this article and, if not, the proposed
transferee's commitment to cure such noncompliance on a going-forward
basis and whether operation by the transferee would adversely affect
cable services to subscribers or would otherwise be contrary to the
public interest.
E.
No application for a transfer of a franchise shall be granted unless
the transferee agrees, in writing, that it will abide by and accept
all terms of this article and the franchise agreement and that it
will assume the obligations and liabilities of the previous franchisee
under this article and the franchise agreement.
F.
Approval by the City of a transfer of a franchise does not constitute
a waiver or release of any of the rights of the City under this article
or the franchise agreement, whether arising before or after the date
of the transfer.
G.
The City may impose a processing fee for transfer for which applications
are filed prior to the effective date of this article, to cover its
costs in excess of the filing fee in considering an application for
transfer of a franchise, such costs being incidental to the enforcement
of the franchise within the meaning of 47 U.S.C. § 542(g)(2)(D);
provided, however, that said processing fee shall not exceed an amount
set be resolution of the City Council.
A.
A franchise may be revoked by Council for the franchisee's failure
to construct, operate or maintain the cable system as required by
this article or the franchise agreement, or for any other material
violation of this article or material breach of the franchise agreement.
If, within 30 calendar days following written notice from the City
to the franchisee that it is in material violation of this article
or in material breach of the franchise agreement, the franchisee has
not taken corrective action or corrective action is not being actively
and expeditiously pursued, the City may give written notice to the
franchisee of its intent to consider revocation of the franchise,
stating its reasons.
B.
Prior to revoking a franchise, Council shall hold a public hearing,
upon at least 30 calendar days' notice, at which time the franchisee
and the public shall be given an opportunity to be heard. Following
the public hearing, Council may determine whether to revoke the franchise
based on the evidence presented at the hearing and on any other evidence
of record. If Council determines to revoke a franchise, it shall issue
a written decision setting forth the reasons for its decision. A copy
of such decision shall be transmitted to the franchisee.
C.
Except for the transfer of a franchise in the ordinary course of
business, any franchise may, at the option of the city, following
a public hearing before Council, be revoked 120 calendar days after
an assignment for the benefit of creditors or the appointment of a
receiver or trustee to take over the business of the franchisee, whether
in a receivership, reorganization, bankruptcy assignment for the benefit
of creditors or other action or proceeding, unless, within such one-hundred-twenty-day
period:
(1)
Such assignment, receivership or trusteeship has been vacated; or
(2)
Such assignee, receiver or trustee has fully complied with the terms
and conditions of this article and the franchise agreement and has
executed an agreement, approved by a court having jurisdiction, assuming
and agreeing to be bound by the terms and conditions of this article
and the franchise agreement.
D.
In the event of foreclosure or other judicial sale of any of the
facilities, equipment or property of a franchisee, the City may revoke
the franchise, following a public hearing before Council, by serving
notice upon the franchisee and the successful bidder at the sale,
in which event the franchise and all rights and privileges of the
franchise will be revoked and will terminate 30 calendar days after
serving such notice, unless:
E.
If the City revokes a franchise or if, for any other reason, a franchisee
abandons, terminates or fails to operate or maintain service to its
subscribers, the following procedures and rights shall become effective:
(1)
The City may require the former franchisee to remove its facilities
and equipment at the former franchisee's expense. If the former
franchisee fails to do so within a reasonable period of time, the
City may have the removal done at the former franchisee's and/or
surety's expense.
(2)
The city, by resolution of Council, may acquire ownership or may
effect a transfer of the cable system at an equitable price.
(3)
If a cable system is abandoned by a franchisee, the City may sell,
assign or transfer all or part of the assets of the system.
F.
The City may, upon resolution of Council, acquire ownership of and
operate a separate cable system, whether or not such ownership is
acquired following revocation or forfeiture of a franchise.
G.
Where the City has issued or renewed a franchise specifically conditioned
in the franchise agreement upon the completion of construction, system
upgrade or other specific obligation by a specified date, failure
of the franchisee to complete such construction or upgrade, or to
comply with such other specific obligation as required, shall result
in the automatic forfeiture of the franchise without further action
by the City where it is so provided in the franchise agreement, unless
the city, at its discretion and for good cause demonstrated by the
franchisee, grants an extension of time.
H.
No adverse action against a franchisee may be taken by the City pursuant
to this section except after a noticed public hearing at which the
franchisee is given an opportunity to participate.
A.
No matter or dispute between the City and the franchisee relating
to this article or a franchise agreement may be arbitrable unless
specifically provided for in the franchise agreement. Any matter that
is arbitrable under the specific provisions of a franchise agreement
may be subjected to the arbitration procedures set forth in Subsection
B hereof.
B.
The arbitration procedure employed shall be consistent with the rules
and procedures of the American Arbitration Association. The City and
the franchisee shall each select a qualified arbitrator. The two persons
selected shall select a third qualified arbitrator, and the three
arbitrators shall constitute a panel whose decision shall be binding
on the City and the franchisee. The fees of the first two arbitrators
shall be paid by the party selecting such person, and the third person
shall be compensated 1/2 by the City and 1/2 by the franchisee. The
general costs of the proceeding shall be shared equally by the City
and the franchisee.
A.
It is the right of all subscribers to receive all available services
from the franchisee as long as their financial and other obligations
to the franchisee are satisfied.
B.
In the event of a termination or transfer of a franchise, for whatever
reason, the franchisee shall ensure that all subscribers receive continuous,
uninterrupted service regardless of the circumstances. However, under
no circumstances shall:
(1)
The franchisee be obligated to operate the cable system past the
effective date of termination or transfer without an operating agreement
first being executed between the franchisee, whose cooperation shall
not be unreasonably withheld, and the city, defining the terms and
conditions of operation and compensation to be paid to the franchisee;
and
(2)
The aforesaid operating agreement require the franchisee to operate
the cable system for more than six months following the effective
date of transfer or termination.
C.
In the event that a franchisee fails to operate the system for seven
consecutive days without prior approval of the City or without just
cause, the City may, at its option, operate the system or designate
an operator until such time as the franchisee restores service under
conditions acceptable to the City of until a permanent operator is
selected. If the City is required to fulfill this obligation for the
franchisee, the franchisee shall reimburse the City for all costs
or damages resulting from the franchisee's failure to perform
that are in excess of the revenues from the system received by the
city. Additionally, the franchisee shall cooperate with the City to
allow City employees and/or City agents free access to the franchisee's
facilities and premises for purposes of continuing system operation.
A.
Authority of city. The City reserves all rights to implement and
impose regulation of a franchisee's rates to the maximum extent
permitted by law, and may do so by amendment to this article, by separate
ordinance, by amendment to a franchise agreement or in any other lawful
manner.
B.
Rate regulation. Nothing in this article shall prohibit the City
from regulating rates for cable services to the maximum extent permitted
by law.
C.
Filing of rate schedules or increases by operators; additional information;
burden of proof.
(1)
A cable operator shall submit its schedule of rates for the basic
service tier and associated equipment, or a proposed increase in such
rates, in accordance with the Cable Act and FCC Rules. The cable operator
shall include, as part of its submission, such information as is necessary
to show that its schedule of rates or its proposed increase in rates
complies with the Cable Act and FCC Rules. The cable operator shall
file 10 copies of the schedule of rates or a proposed increase in
such rates with the City Clerk. For purposes of this article, the
filing of the cable operator shall be deemed to have been made when
at least 10 copies have been received by the City Clerk. Council may,
by resolution or otherwise, adopt rules and regulations prescribing
the information, data and calculations which must be included as part
of the cable operator's filing of the schedule of rates or a
proposed increase in such rates.
(2)
In addition to information and data required by rules and regulations
of the City adopted pursuant to Subsection A hereof, a cable operator
shall provide all information requested by the City Administrator
in connection with the city's review and regulation of existing
rates for the basic service tier and associated equipment or a proposed
increase in such rates. The City Administrator may establish deadlines
for submission of the requested information, and the cable operator
shall comply with such deadlines.
(3)
A cable operator has the burden of proving that its schedule of rates
for the basic service tier and associated equipment or a proposed
increase in such rates complies with the Cable Act and FCC Rules,
including, without limitation, 47 U.S.C. § 543 and 47 CFR
76.922 and 76.923.
D.
Submission of proprietary information; confidentiality.
(1)
If this article, any rule or regulation adopted by the City pursuant
to Subsection C(1) hereof or any request for information made pursuant
to Subsection C(2) hereof requires the production of proprietary information,
the cable operator shall produce such information. However, at the
time the allegedly proprietary information is submitted, a cable operator
may request that specific, identified portions of its response be
treated as confidential and be withheld from public disclosure. The
request must state the reason why the information should be treated
as proprietary and the facts that support such reason. The request
for confidentiality will be granted if the City determines that a
preponderance of the evidence shows that nondisclosure is consistent
with the Freedom of Information Act, 5 U.S.C. § 552. The
City shall place in a public file for inspection any decision that
results in information being withheld. If the cable operator requests
confidentiality and the request is denied:
(a)
Where the cable operator is proposing a rate increase, it may
withdraw the proposal, in which case the allegedly proprietary information
shall be returned to it; or
(b)
The cable operator may seek review within five working days
of the denial in any appropriate forum. Release of the information
shall be stayed pending review.
(2)
Any interested party may file a request to inspect material withheld
as proprietary with the city. The City shall weigh the policy considerations
favoring nondisclosure against the reasons cited for permitting the
inspection in light of the facts of the particular case. The City
shall then promptly notify the requesting entity and the cable operator
that submitted the information as to the disposition of the request.
It may grant, deny or condition a request. The requesting party or
the cable operator may seek review of the decision by filing an appeal
with any appropriate forum. Disclosure shall be stayed pending resolution
of any appeal.
(3)
The procedures set forth in this section shall be construed as analogous
to, and consistent with, the rules of the FCC regarding requests for
confidentiality, including, without limitation, 47 CFR 0.459.
E.
Public notice of rate schedules or increases; notice to operators
of initial review by Council.
(1)
Upon the filing of 10 copies of the schedule of rates or the proposed
increase in rates under Subsection C(1) hereof, the City Clerk shall
publish a public notice in a newspaper of general circulation in the
City which shall state that:
(a)
The filing has been received by the City Clerk and (except for
those parts which may be withheld as proprietary) is available for
public inspection and copying; and
(b)
Interested parties are encouraged to submit written comments
on the filing to the City Clerk not later than seven days after the
public notice is published.
(2)
The City Clerk shall give notice to the cable operator of the date,
time and place of the meeting at which Council shall first consider
the schedule of rates or the proposed increase of such rates. This
notice shall be mailed by first-class mail at least three days before
the meeting. In addition, if a written staff or consultant's
report on the schedule of rates or the proposed increase of such rates
is prepared for consideration of Council, then the City Clerk shall
mail a copy of the report, by first-class mail to the cable operator
at least three days before the meeting at which Council shall first
consider the schedule of rates or the proposed increase of such rates.
F.
Effective date of rates; issuance of tolling orders by Council; submission
of additional information by operators; public hearings; notice.
(1)
After a cable operator has filed its existing schedule of rates or
a proposed increase in such rates, the existing schedule of rates
shall remain in effect, or the proposed increase in such rates shall
become effective, after 30 days from the date of filing under Subsection
E(1)(a) hereof, unless Council (or another properly authorized body
or official) tolls the thirty-day deadline pursuant to 47 CFR 76.933
by issuing a brief written order, by resolution or otherwise, within
30 days of the date of filing. Council may toll the thirty-day deadline
for an additional 90 days in cases not involving cost-of-service showings
and for an additional 150 days in cases involving cost-of-service
showings.
(2)
If a written order has been issued pursuant to Subsection F(1) hereof
and 47 CFR 76.933 to toll the effective date of existing rates, the
cable operator shall submit to the City any additional information
required or requested pursuant to Subsection E hereof. In addition,
Council shall hold a public hearing to consider the comments of interested
parties within the additional ninety-day or one-hundred-fifty-day
period, as the case may be. The City Clerk shall publish a public
notice of the public hearing in a newspaper of general circulation
within the City which shall state:
(a)
The date, time and place at which the hearing shall be held;
(b)
That interested parties may appear in person, by agent or by
letter at such hearing to submit comments on, or objections to, the
existing rates or the proposed increase in such rates; and
(c)
That copies of the schedule of rates or the proposed increase
in such rates and related information (except those parts which may
be withheld as proprietary) are available for inspection or copying
from the office of the City Clerk. The public notice shall be published
not less than 15 days before the hearing. In addition, the City Clerk
shall mail, by first-class mail, a copy of the public notice to the
cable operator not less than 15 days before the hearing.
G.
Reports to Council; written responses by operators. Following the
public hearing, the City Administrator shall cause a report to be
prepared for Council which shall include (based on the filing of the
cable operator, the comments or objections of interested parties,
information requested from the cable operator and its response, staff
or consultant's review or other appropriate information) a recommendation
for the decision of Council provided for in Subsection F hereof. The
City Clerk shall mail a copy of the report to the cable operator by
first-class mail not less than 20 days before Council acts, as provided
for in Subsection F hereof. The cable operator may file a written
response to the report with the City Clerk. If at least 10 copies
of the response are filed by the cable operator with the City Clerk
within 10 days after the report is mailed to the cable operator, the
City Clerk shall forward such response to Council.
H.
Issuance or orders by Council. Council shall issue a written order,
by resolution or otherwise, which, in whole or in part, approves the
existing rates for basic cable service and associated equipment or
a proposed increase in such rates, denies the existing rates or a
proposed increase in such rates, orders a rate reduction, prescribes
a reasonable rate, allows the existing rates or a proposed increase
in such rates to become effective subject to refund, or orders other
appropriate relief, in accordance with FCC Rules. If Council issues
an order allowing the existing rates or a proposed increase in such
rates to become effective subject to refund, Council shall also direct
the cable operator to maintain an accounting pursuant to 47 CFR 76.933.
The order specified in this section shall be issued within 90 days
of the tolling order provided for in Subsection F hereof in all cases
not involving a cost-of-service showing. The order shall be issued
within 150 days after the tolling order provided for in Subsection
F hereof in all cases involving a cost-of-service showing.
I.
Refunds to subscribers; notice. Council may order a refund to subscribers
as provided in 47 CFR 76.942. Before Council orders any refund to
subscribers, the City Clerk shall give at least seven days written
notice to the cable operator, by first-class mail, of the date, time
and place at which Council shall consider issuing a refund order and
shall provide an opportunity for the cable operator to comment. The
cable operator may appear in person, by agent or by letter, at such
time for the purpose of submitting comments to Council.
J.
Written decisions of Council; effective date; notice.
(1)
Any order of Council pursuant to Subsections H or I shall be in writing,
shall be effective upon adoption by Council and shall be deemed released
to the public upon adoption. The City Clerk shall publish a public
notice of any such written order in a newspaper of general circulation
within the city, which shall:
(2)
In addition, the City Clerk shall mail a copy of the text of the
written decision to the cable operator by first-class mail.
K.
Promulgation of additional rules and regulations by Council. In addition
to rules promulgated pursuant to Subsection C hereof, Council may,
by resolution or otherwise, adopt rules and regulations for basic
cable service rate regulation proceedings (including, without limitation,
the conduct of hearings), consistent with the Cable Act and FCC Rules.
L.
Failure to give notice. The failure of the City Clerk to give the
notices or to mail copies of reports as required by this article shall
not invalidate the decisions or proceedings of Council.
M.
Additional public hearings. In addition to the requirements of this
article, Council may hold additional public hearings upon such reasonable
notice as Council, in its sole discretion, shall prescribe.
N.
Additional powers of city. The City shall possess all powers conferred
by the Cable Act, FCC Rules, the cable operator's franchise and
all other applicable laws. The powers exercised pursuant to the Cable
Act, FCC Rules and this article shall be in addition to powers conferred
by law or otherwise. The City may take any action not prohibited by
the Cable Act and FCC Rules to protect the public interest in connection
with basic cable service rate regulation.
The City may conduct periodic performance evaluations of a franchisee
as the City determines is necessary. A franchisee shall cooperate
fully with these evaluations. If the City implements a survey of cable
subscribers in connection with a performance evaluation, the City
may require a franchisee to distribute the city's questionnaire
to its subscribers at the city's expense.
A.
The City Administrator, either directly or through a duly appointed
designee, shall have the responsibility for overseeing the day-to-day
administration of this article and all franchise agreements. The City
Administrator shall be empowered to take all administrative actions
on behalf of the city, except for those actions specified in this
article that are reserved to Council. The City Administrator may recommend
that Council take certain actions with respect to the franchise. The
City Administrator shall keep Council apprised of developments in
cable and shall provide Council with assistance, advice and recommendations
as appropriate.
B.
Council shall have the sole authority to regulate rates for cable
services, grant franchises, authorize the entering into of franchise
agreements, modify franchise agreements, renew franchises, revoke
franchises and authorize the transfer of a franchise.
A.
This article shall, unless specifically stated and permitted herein,
be applicable to all cable franchises issued by the city, whether
or not such franchises were issued prior to the effective date of
this article, to the full extent permitted by state and federal law.
B.
Any cable franchisee whose franchise agreement predates the effective
date of this article shall notify the city, in writing, within 90
calendar days of the date of passage of this article or any subsequent
amendment thereof, of:
A.
The City reserves the right to amend this article as it shall find
necessary in the lawful exercise of its constitutional powers.
B.
Any additional regulations adopted by the City shall be incorporated
into this article and shall be complied with by all franchisees within
30 days of the date of adoption of such additional regulations.
C.
The City reserves the right to exercise the power of eminent domain
to acquire the property of the franchisee's cable system.
D.
The City shall, at all times, have the right, upon reasonable notice
and during normal business hours, to examine and copy a franchisee's
records and to inspect a franchisee's facilities to the extent
needed to monitor a franchisee's compliance with, and performance
under, this article, the franchise agreement and applicable state
and federal law.
A.
In addition to any other remedies available at law or equity, the
City may invoke any one or a combination of the following remedies
in the event a franchisee violates this article, its franchise agreement
or applicable state or federal law:
B.
In determining which remedy or remedies are appropriate, the City
shall take into consideration the nature of the violation, the person
or persons bearing the impact of the violation, the nature of the
remedy required in order to prevent further violations and such other
matters as the City determines are appropriate to the public interest.
C.
In addition to, or instead of, any other remedy, the City may seek
legal or equitable relief from any court of competent jurisdiction.
D.
Failure of the City to enforce any requirement of a franchise agreement
or this article shall not constitute a waiver of the city's right
to enforce that violation or subsequent violations of the same type
or the right to seek appropriate enforcement remedies.
Whoever violates or fails to comply with any of the provisions
of this article shall be subject to the payment of a civil infraction
as provided in Chapter 1, General Provisions, Article II, plus costs
and other sanctions, for each infraction. Said fines or sanctions
may be levied separately for each and every day the violation continues
to exist. The fines and sanctions provided for herein shall be in
addition to any other remedy permitted under any franchise agreement
entered into pursuant to this article.
