[HISTORY: Adopted by the Common Council of the City of New Lisbon 2-2-2004 (Title 9, Ch. 2, of the 2001 Code). Amendments noted where applicable.]
The definitions of § 66.0419, Wis. Stats., and all amendments thereto, are incorporated herein by reference. Any franchise agreement executed pursuant to this chapter may contain additional definitions.
Editor's Note: Section 66.0419, Wis. Stats., was repealed by 2007 Act 42, with the exception of Subsection (3m) which was renumbered as § 66.0420(12).
Pursuant to § 66.0419, Wis. Stats., the City may operate and/or regulate a cable television system within the City, and in so doing the City may grant or revoke one or more written franchises to one or more qualified cable operators authorizing the construction and operation of cable television systems within the City.
Any cable operator desiring to own, maintain or operate a cable television system within the City shall secure a written franchise from the City prior to commencing operations within the City and shall thereafter be subject to all the provisions of this chapter and the franchise agreement entered with the City.
Application. All persons applying for a new franchise or for renewal of an existing franchise shall make written application to the City Clerk. The applicant shall provide the following information:
Name and address of the applicant, who shall be the proposed grantee of the franchise.
A list of the 20 municipalities located closest to the City in which the applicant operates a cable television system.
Three years of financial statements of the applicant showing that the applicant possesses the financial strength and stability to operate and maintain the proposed cable television system.
A location map showing the existing and/or proposed location of the system lines and head end equipment.
A description of the proposed capacity of the system.
A site plan of the location for the antennas, satellite dishes, structures housing the head end equipment, and other significant structures.
A detailed explanation of the nature, extent and scope of operation of the system.
Fee. To defray part of the costs and expenses incurred by the City in the review, analysis and processing of the application and the preparation of a franchise agreement, the applicant shall pay a fee as set by the Common Council.
All franchise agreements entered between the City and a cable operator pursuant to this chapter shall comply with the requirements of state and federal law and shall address the following issues:
The length of term of the franchise agreement.
The creation and maintenance of an accurate map of the City showing the location of all cable television lines and associated equipment installed by the operator in the City.
The use of public streets, alleys, and rights-of-way, including any requirements for permits, notices, restoration and liability.
The processes for renewal, nonrenewal, termination and transfer of the franchise.
The standards for construction, operation and maintenance of the cable television system.
The requirements and standards for insurance policies and performance bonds, including indemnification and release clauses.
The costs, expenses and fees associated with the grant and use of the franchise.
The customer service standards and customer complaint procedures.
Any and all other issues, terms and conditions which the parties may negotiate and which are not in conflict with City ordinances or state or federal law.
Each and every franchise granted hereunder shall be a nonexclusive franchise. The City reserves the right to enter into one or more franchise agreements for the delivery of cable service. Furthermore, the City reserves the right to own and operate its own cable television system and/or to contract for the operation of a municipally owned cable television system.
All persons who are granted franchises under this chapter shall at all times during the life of the franchise be subject to all state and federal laws and all lawful exercises of the police power of the City and to such lawful regulations as the City shall by resolution or ordinance enact, including (but not limited to) zoning regulations, underground utility regulations and public works regulations. The City reserves the right to amend or change any of the provisions of this chapter or any other ordinance.
The City may impose franchise fees pursuant to such terms and conditions as are found in the franchise agreement.