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.
ACCESS CHANNEL
Any channel on a cable system set aside, without charge,
by the franchisee for public, educational and/or local governmental
use.
AFFILIATE
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.
APPLICANT
Any person submitting an application within the meaning of
this article.
APPLICATION
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.
CABLE ACT
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.
CABLE SERVICE
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.
CABLE SYSTEM, CABLE TELEVISION SYSTEM or SYSTEM
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.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
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;
C.
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
D.
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.
CITY
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.
CITY ADMINISTRATOR
The City Administrator of the City and any duly authorized
designee of the City Administrator.
CONTROL OF A FRANCHISEE, GRANTEE OR APPLICANT
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.
COUNCIL
The legislative body of the city.
DESIGNATED ACCESS ORGANIZATION or DAO
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.
EQUITABLE PRICE
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.
FAIR MARKET VALUE
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.
FCC
The Federal Communications Commission or any successor governmental
entity thereto.
FRANCHISE
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.
FRANCHISE AGREEMENT
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.
FRANCHISEE
Any person granted a franchise pursuant to this article who
has entered into a franchise agreement with the city.
GRANTEE
Any person granted a franchise pursuant to this article who
has not yet entered into a franchise agreement with the city.
GROSS REVENUES
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.
INSTITUTIONAL NETWORK
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.
LAW
All duly enacted and applicable federal, state, county and
City laws, ordinances, codes, rules, regulations and orders.
LEASED ACCESS CHANNEL
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.
OTHER COMMUNICATIONS SYSTEM
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.
PERSON
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.
PROGRAMMING SERVICE
A category of cable service provided by the franchisee and
for which a separate charge is made by the franchisee.
STREET or STREETS
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.
SUBSCRIBER
Any person who legally receives any cable service delivered
over a cable system.
SYSTEM MALFUNCTION
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.
TRANSFER OF A FRANCHISE
Any transaction in which:
A.
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
B.
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.
TWO-WAY CAPABILITY
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.
VIDEO CHANNEL or CHANNEL
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 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.
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.
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.