The purpose of this article is to regulate the construction,
maintenance, and operation of cable systems in the City and to provide
for the granting and renewal of franchises for the construction, maintenance
and operation of cable systems and set forth a procedure for applications
for a franchise and renewal of a franchise. This article is adopted
to promote the development of cable systems that meet the community's
needs for cable system(s) at present and into the future. The City
also desires to provide for public, educational and governmental channels
and to regulate the presence of improvements in the public right-of-way
to avoid unnecessary clutter and congestion. This article is designed
to require adequate compensation for the use of the public right-of-way
by the operators of cable systems.
[1]
Editor's Note: This ordinance also amended former Ch. 7, which
pertained to cable television and telecommunications, adopted by Ord.
No. 509, as amended by Ord. No. 635, Ord. No. 820, Ord. No. 995, adopted
1-3-1990, Ord. No. 1069, adopted 10-7-1992, and Ord. No. 1098, adopted
10-3-1993.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012; 7-20-2022 by Ord. No. 1822]
For the purposes of this article, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number, and vice versa, and the masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, terms, phrases, words, and abbreviations not defined herein shall be given their common and ordinary meaning. If a franchise issued under this Chapter 7 contains a different definition than the definition of any of the following terms, the franchise definition will control for purposes of interpreting that franchisee's obligations.
(a)
ACT — The Federal Communications Act of 1934, as amended.
(b)
BASIC CABLE SERVICE — Any cable service tier which includes
the retransmission of local television broadcast signals and shall
include all operable PEG channels.
(c)
CABLE SERVICE —
(1)
The one-way transmission to subscribers of video programming or other
programming service;
(2)
Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service; and
(3)
Cable modem Internet service, when consistent with applicable law
and when provided in conjunction with a cable system. Cable service
does not include telecommunications services which are not included
in the definition of "cable services" in Section 602 of the Act.
(d)
CABLE SYSTEM — A facility or system, consisting of a set of
closed transmission paths and associated signal generation, reception,
and control equipment that is designed to provide cable service within
the City which includes video programming and which is provided to
multiple subscribers within a community, but such term does not include:
(1)
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
(2)
A facility that serves subscribers without using any public right-of-way;
(3)
A facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Act, except that such facility
shall be considered a cable system [other than for purposes of Section
621(c) of the Act] to the extent such facility is used in the transmission
of video programming directly to subscribers, unless the extent of
such use is solely to provide interactive on-demand services;
(4)
An open video system that complies with Section 653 of the Act; or
(5)
Any facilities of any electric utility used solely for operating
its electric utility systems.
A person that provides cable services using facilities owned
by an affiliated person shall also be deemed to operate a cable system.
(e)
CHANNEL — A portion of the electromagnetic frequency spectrum
which is used in a cable system and which is capable of delivering
a television channel, as "television channel" is defined by the FCC
by regulation.
(f)
CITY — The City of Holland.
(g)
COUNCIL — The City Council of the City of Holland.
(h)
FEDERAL COMMUNICATIONS COMMISSION or FCC — The present federal
agency of that name as constituted by the Act, or any successor agency
created by the United States Congress.
(i)
FRANCHISE — For purposes of this article, a nonexclusive, limited
authorization awarded by the Council and set forth in a written agreement
for the construction, maintenance, upgrade and operation of a cable
system in the City.
(j)
GRANTEE — Any holder of a cable system franchise granted pursuant
to this article.
(k)
GROSS REVENUES — The same as that term is defined in the Act
and the Uniform Act.
(l)
PEG — Public, educational and/or governmental channels.
(m)
PERSON — Any individual, firm, partnership, association, corporation,
company or organization or entity.
(n)
SUBSCRIBER — Any person who contracts with the grantee for,
or is in any manner lawfully provided with, cable services.
(o)
UNIFORM ACT — The Michigan Uniform Video Services Local Franchise
Act, MCLA § 484.3301 et seq.
(p)
USER — Any person who is provided the use of the grantee's
cable system, channels, equipment or facilities.
[1]
Editor's Note: Former Sections 7-3 and 7-4, which pertained
to license requirements, application and investigation and license
expiration, renewals, suspension and revocation, adopted 12-16-1998
by Ord. No. 1230, as amended 10-4-2000 by Ord. No. 1285, was repealed
5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
No person shall install, construct, maintain or otherwise operate
a cable system in the City except pursuant to a franchise issued by
the City. A franchise granted for a cable system shall not be deemed
to authorize the grantee to use City property, easements or public
rights-of-way to provide services other than cable services. Notwithstanding
the preceding sentence, a grantee may provide services other than
cable services over the cable system if (a) no further authorization
is required by law for such other services or (b) the grantee obtains
and maintains all further authorizations required by law. The holder
of a franchise or other right to use the City's property, easements,
or public rights-of-way for purposes other than operating a cable
system shall be required to obtain a franchise prior to operating
a cable system.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
(a)
Council may grant application(s) for one or more franchises, or deny
an application, for the construction and operation of a cable system
in the City after consideration of the franchise applicant(s) proposal(s)
consistent with the Act and the Uniform Act. Any franchise shall be
subject to this article and the City's Charter.
(b)
The City specifically reserves the right to grant, at any time, such
additional franchises for a cable system as it deems appropriate.
Additional franchises shall not be deemed to modify, revoke, terminate
or damage any rights previously granted to any other grantee except
as required by federal or state law or explicitly required under a
prior franchise.
(c)
(Reserved)
(d)
Applications for a new, renewed or amended franchise shall be made
in such form as required under the Uniform Act and shall be accompanied
by a nonrefundable application review fee as the Council may prescribe
by resolution and filed with the City Clerk. The City Clerk shall
report such filing to the Council which shall direct appropriate investigation
to allow it to act upon the application within any time limits imposed
by law.
(e)
Any franchise or renewal of a franchise and the rights, privileges,
authority, and responsibilities established shall take effect and
be in force from and after final approval by Council and compliance
with the requirements of the franchise and this article, and shall
continue in force and effect for a period of 10 years from the effective
date of the franchise. A new franchise or a renewal shall only be
effective if the grantee files with the City Clerk all required letters
of credit, construction bonds and insurance certificates. If a grantee
fails to comply with this subsection, it shall acquire no rights,
privileges, or authority whatsoever.
(f)
Grantees shall apply to any appropriate utility companies and other
agencies (including the Holland Board of Public Works) for all necessary
pole attachment or line agreements, authorizations, or registrations
for the construction of a cable system, and for all permits then normally
available.
[1]
Editor's Note: Former Section 7-7, which pertained to construction
time tables, adopted 12-16-1998 by Ord. No. 1230, as amended 10-4-2000
by Ord. No. 1285, was repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
(a)
(Reserved)
(b)
Each application for a building, electrical, street cut or other
required permit shall be accompanied by plans and specifications for
the proposed construction. Plans and specifications for use of City
property, utility easements or the public rights-of-way shall be submitted
to the City Planning Department for processing and review.
(c)
No plans and specifications shall be approved and no building, electrical,
street cut or other required permits shall be issued by the City unless
the following conditions are met:
(1)
A franchise has been awarded to the applicant by the City and has
not been terminated;
(2)
Except as may otherwise be provided in a specific pole attachment
agreement, franchise or similar authorization, the applicant agrees
to indemnify and hold harmless the City and existing users of the
City property, utility easements or the public rights-of-way from
all costs and expenses incurred in strengthening poles, replacing
poles, rearranging attachments, placing underground facilities, and
all other costs or fees, including those incident to administration,
inspections, engineering and legal review, incurred by the City or
other users of the City utility easements and the public rights-of-way;
(3)
The plans and specifications have been reviewed and approved by the
City's Board of Public Works;
(4)
Grantee has executed and filed pole attachment agreements or similar
authorization with the City.
(5)
Grantee has provided certificates of insurance and surety bonds or
letters of credit in the same manner as required of others seeking
to do construction in the right-of-way.
(d)
Changes to plans. Changes to approved construction plans shall be
made only with the prior approval of the City.
(e)
Detailed "as built" plans shall be submitted for all new construction
or installations in the City utility easements and the public rights-of-way,
subject to any appropriate trade secret protections.
[1]
Editor's Note: Former Section 7-9, which pertained to rates,
adopted 12-16-1998 by Ord. No. 1230, as amended 10-4-2000 by Ord.
No. 1285, was repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1549, 7-21-2010; Ord.
No. 1586, 5-16-2012]
(a)
A grantee shall pay to the City for use of its streets, public places,
and other facilities, as well as for the City's maintenance, improvements,
and supervision of the franchise, a franchise fee in an amount equal
to maximum amount allowed by law upon execution of the franchise or
execution of a renewal of a franchise. Payments due the City under
the terms of this subsection shall be paid quarterly on or before
45 days following the end of the quarter. The City shall be furnished
a certificate with each payment reflecting the gross revenue, deductions
and computations for the period covered by the payment.
(b)
Franchise fee payments shall be in addition to any other lawful tax,
charge, fee, or payment due the City by a grantee.
(c)
The franchise fee shall be used for those purposes determined pursuant
to appropriations approved by the City Council.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
A grantee shall at all times during the life of a franchise carry
personal and public liability insurance, automobile liability insurance
coverage, broadcaster's liability insurance, and workers' compensation
insurance in amounts as shall be reasonably determined by the City.
A grantee shall require its contractors and subcontractors carry workers'
compensation insurance as required by law and shall maintain certificates
of such insurance on file with the grantee. The City shall be named
as an additional insured on the liability insurance and the broadcaster's
liability insurance.
(b)
All required insurance coverage shall provide for a thirty-day notice
to the City prior to any material alteration or cancellation of such
coverage. Failure of the grantee to provide appropriate insurance
certificates to the City within 30 days after the execution of a franchise
or notice of cancellation or alteration in coverage shall render the
franchise null and void.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
By acceptance of a franchise granted by the City, grantee agrees
to indemnify, defend and hold harmless the City, its officers, boards,
commissioners, agents and employees from any and all actions, claims,
suits, penalties and judgments for damages at law or equity (including
any administrative or arbitration proceedings) of any nature whatsoever
relating to, arising out of or through, or alleged to arise out of
or through:
(b)
The grantee shall defend in the name of the City, and pay all expenses
incurred in defending City, all suits, administrative proceedings,
or other types of claims with regard to all damages, penalties or
other requested relief the City may legally be required to pay or
suffer as a result of the franchise granted hereunder. Damages and
penalties shall include but not be limited to damages arising out
of the construction, installation, operation or maintenance of its
cable communications system, whether or not any such act or omission
is authorized, allowed or prohibited by this article or the license
granted hereunder. Expenses shall include all expenses including reasonable
attorney fees and shall also include a reasonable value of any services
rendered by the office of the City Attorney, whether such services
were rendered to the City, or in cooperating with counsel selected
by grantee. In all instances where grantee may be required to indemnify
the City, the City shall give prompt notification of any claims to
grantee and shall cooperate with grantee in the defense thereof.
(c)
The City shall indemnify and hold the grantee harmless from any damage
resulting from any such acts of the City or its officials, boards,
commissions, agents or employees in utilizing any PEG access channels,
equipment or facilities and for any such acts committed by the City
in connection with work performed by the City and permitted by a franchise
on or adjacent to the cable system. Furthermore, City shall indemnify
and hold grantee harmless from any claims, losses or damages arising
from the use of the emergency broadcast system by City or use of grantee's
facilities during an emergency, including, but not limited to, the
transportation and delivery of emergency information much as the occurrence
police, fire, and/or ambulance/rescue crews.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-1912]
(a)
A grantee shall at all times comply with all laws and regulations
of the state and federal government or any administrative agency unless
released by law. However, if such state or federal law or regulations
shall require a grantee to perform any service, or shall permit a
grantee to perform any service, or shall prohibit a grantee from performing
any service, in conflict with the terms of the franchise or of any
law or regulation of the City, a grantee shall notify the City of
the point of conflict believed to exist between such regulation or
law and the laws or regulations of the City or the franchise.
(b)
If any provision of the franchise is held by any court of competent
jurisdiction to be invalid as conflicting with any federal or state
law, rule or regulation now or hereafter in effect, or is held by
such court to be modified in any way in order to conform to the requirements
of any law, rule or regulation, said provision may be considered a
separate, distinct and independent part of the franchise, and such
holding shall not affect the validity and enforceability of all other
provisions. In the event that such law, rule or regulation is subsequently
repealed, rescinded, amended or otherwise changed, so that the provision
which has been held invalid or modified is no longer in conflict with
the law, rules or regulations said provision shall return to full
force and effect and shall be binding on the parties.
(c)
If the City, after a public hearing, determines that a material provision
of a franchise is affected by action of a court or of the state or
federal government, the City shall have the right to seek modification
of any of the provisions to such reasonable extent as may be necessary
to carry out the full intent and purpose of the franchise.
[1]
Editor's Note: Former Section 7-14, which pertained to general
capability, adopted 12-16-1998 by Ord. No. 1230, as amended 10-4-2000
by Ord. No. 1285, was repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
(a)
A grantee shall donate use of PEG channels for use by the City or
its designees as set forth in its franchise. A grantee shall also
provide financial support for the PEG use of the PEG channels and
the development of PEG programming for those channels as set forth
in the franchise and to the maximum extent allowed under the Act and
the Uniform Act.
(b)
Every cable system franchise issued pursuant to this article shall
provide for PEG access channels capable of carrying digital, video
and audio transmissions pursuant to the provisions of the Cable Communications
Policy Act of 1984, Section 611 (47 U.S.C. 531), as may be amended,
and the Uniform Act.
(c)
The system will have upstream capability for audio and video origination
on the assigned PEG channels as set forth in the franchise.
(d)
(Reserved)
(e)
A grantee shall make all reasonable efforts to coordinate the cablecasting
of PEG access programming upon the cable system at the same time and
upon the same channel designations as such programming is cablecast
upon other cable television systems within the area.
(f)
To the extent that it is technically and economically feasible, the
cable system shall be interconnected with other cable systems within
or contiguous to the City so as to enable each cable system to carry
and cablecast the PEG programming of the other cable systems.
[1]
Editor's Note: Former Section 7-16, which pertained to service
to customers, and Section 7-17, which pertained parental lockout,
as adopted 12-16-1998 by Ord. No. 1230 and amended 10-4-2000 by Ord.
No. 1285, were repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
Neither a grantee nor any shareholder of a grantee shall engage
in the business of selling, repairing, or installing television or
radio receivers within the City during the life of a franchise. This
section shall not prohibit the installation of available, special
devices or appliances by a grantee which are not normally otherwise
available.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
The poles, wires, and appurtenances of a grantee's system shall be
located, erected, and maintained upon existing utility facilities
wherever feasible. A grantee shall use underground equipment where
other utilities use underground equipment and where City ordinance
requires underground installation.
(b)
A grantee shall be allowed, subject to appropriate regulations, to
set its own poles, anchors, guys, and similar facilities within public
rights-of-way within the City when necessary if other poles are not
available and upon the securing of permits from the City.
(c)
All facilities erected by a grantee within the City shall be so located
as to cause minimum interference with the proper use of public rights-of-ways
and public places and to cause minimum interference with the rights
and conveniences of adjoining property owners.
(d)
In case of disturbance or damage to any street, sidewalk, alley,
public way, other public property, or private property, a grantee
shall, at its own expense, promptly and in a manner acceptable to
the City or private property owner, replace, repair, and otherwise
restore such disturbance of damage.
(e)
If, at any time during the term of a franchise, the City shall properly
elect to undertake public building or construction, altering the grade,
alignment or location of any street, sidewalk, alley, or public way,
a grantee shall promptly, upon reasonable notice from the City, remove
and relocate its facilities at grantee's expense in a manner acceptable
to the City.
(f)
A grantee shall at all times employ ordinary care and shall install
and maintain industry standards and services for preventing failures
and accidents which would cause damage, injuries, or nuisance to the
public.
(g)
A grantee shall not erect or otherwise install any poles, buildings,
underground or aboveground facilities, anchors, guys, or any other
type of structure or equipment on private property without first obtaining
appropriate easements from private property owners.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
(a)
Each grantee shall construct, install and maintain its cable system
in a manner consistent and in compliance with all generally applicable
laws, ordinances, construction standards, governmental requirements
and FCC technical standards or applicable successor standards.
(b)
Each grantee shall at all times comply with building, electrical,
and other applicable federal, state and local regulations or codes
and other applicable ordinances of the City. If any codes conflict,
the grantee shall comply with the most protective.
(c)
In any event, the cable system shall be constructed so as to not
endanger or interfere with the safety of persons or property.
(d)
All working facilities, conditions, and procedures, used or occurring
during construction of the cable system shall comply with the standards
of the Michigan Occupational Safety and Health Administration, or
its successor.
(e)
Construction, upgrades, installation and maintenance of a cable system
shall be performed in an orderly and workmanlike manner, and in close
coordination with public and private utilities serving the City following
accepted industry construction procedures and practices and working
through existing committees and organizations.
(f)
All cable and wires shall be installed, where possible, parallel
with electric and telephone lines, and multiple cable configurations
shall be arranged in parallel and bundled with due respect for engineering
considerations.
(g)
Any antenna structure used in the cable system shall comply with construction, marking and lighting of antenna structures, required by any applicable federal or state law or regulation and any local ordinance, including Chapter 39 of this Code.
(h)
RF leakage (ingress and egress) shall be checked as required by FCC
regulations to prove no harmful interference signal combinations are
possible. Radiation shall be measured as required by FCC regulations
to prove no harmful interference.
(i)
A grantee shall develop an adequate preventive maintenance policy.
Such policy shall be available for inspection by the City.
(j)
Suitable connections between all City and county government, educational
and library facilities within the City, with capability to provide
for full two-way audio, video and data communications may be required
of grantee under a franchise, without cost, so long as the City can
prove reasonable need for the interconnect. The need for this interconnect
shall be addressed at any review of a franchise pursuant to this article.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
A grantee, upon request, shall provide the City with current maps
of its existing and proposed installations, subject to any appropriate
trade secret protections.
(b)
Upon request, but not more than once per year, a grantee shall furnish
to the City a current listing of any of its users, officers, owners,
partners, shareholders, bondholders and any guarantor which holds
5% or more shares of, or other ownership interest in, grantee or any
guarantor of grantee.
(c)
An accurate and comprehensive file shall be kept by the grantee of
all subscriber and user complaints regarding the cable system. A procedure
shall be established by the grantee by the time of installation of
the system to quickly and reasonably remedy complaints. Complete records
of grantee's actions in response to all complaints shall be kept.
Each customer's files and records shall be made available for inspection
upon request by the customer during normal business hours subject
to applicable privacy laws.
(d)
Grantee shall submit to the City such other information or reports
reasonably related to grantee's performance of its obligations under
the franchise, in such form as maintained by grantee and at such times
as the City may reasonably request.
(e)
A grantee shall allow the City to make inspections of any of the
grantee's facilities and equipment at any time upon reasonable notice
or, in case of emergency, upon demand without notice.
(f)
Subject to the privacy rights of Section 7-32 of this article and to federal and state laws and regulations, the City shall have the right, upon reasonable request, to inspect at any time during normal business hours all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results and other like materials of the grantee which relate to the operation of the cable system. Subject to applicable protection for trade secrets, access to the aforementioned records shall not be denied by the grantee on the basis that the records contain proprietary information. The inspection under this subsection shall be limited to determining a grantee's compliance with its obligations under this article and a franchise.
(g)
All records and reports submitted to the City under this section
shall be available for public inspection in the City Clerk's office
during normal business hours except to the extent such records and
reports are entitled to be withheld from public disclosure under applicable
law.
(h)
Willful refusal, failure, or neglect of the grantee, or repeated
failures to provide the information or documents required under this
chapter or a franchise after 30 days' notice by the City of such willful
refusal, failure, or neglect, shall be deemed a material breach of
the franchise, and shall subject the grantee to all penalties and
remedies, legal or equitable, which are available to the City under
the franchise or the ordinance.
(i)
Any material, false or misleading statement or representation knowingly
made by the grantee in any report required under the franchise shall
be deemed a material breach of the franchise, and shall subject the
grantee to all penalties and remedies, legal or equitable, which are
available to the City.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
A grantee shall give the City notice of any litigation or administrative
proceedings brought against it directly or indirectly related to its
construction, rebuild, repair or operation of a cable system under
a franchise. A grantee agrees not to oppose intervention by the City
in any suit or proceeding. A grantee agrees to abide by all provisions
of this article and its franchise and further agrees that it will
not at any future time set up as against the City any claim that the
provisions of this chapter or its franchise are unreasonable, arbitrary,
or void.
[1]
Editor's Note: Former Sections 7-23 through 7-26, which pertained
to transfer of rights; construction and performance bond; review,
renewal, termination and cancellation; and purchase option, adopted
12-16-1998 by Ord. No. 1230, as amended 10-4-2000 by Ord. No. 1285,
were repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
Upon expiration or revocation of a franchise, if the franchise is
not renewed and if neither the City nor an assignee purchase the cable
system, the grantee may remove any underground cable from the streets
which has been installed in such a manner that it can be removed without
trenching or other opening of the streets along the extension of cable
to be removed. The grantee shall not remove any underground cable
or conduit which requires trenching or other opening of the streets
along the extension of cable to be removed, except as hereinafter
provided. The grantee shall remove, at its sole cost and expense,
any underground cable or conduit by trenching or opening of the streets
along the extension thereof or otherwise which is ordered to be removed
by the City based upon a determination, in the sole discretion of
the City, that removal is required in order to eliminate or prevent
a hazardous condition or promote future utilization of the streets
for public purposes. Any order by the City to remove cable or conduit
shall be mailed to the grantee not later than 30 calendar days following
the date of expiration or revocation of the franchise. A grantee shall
file written notice with the City Clerk not later than 30 calendar
days following the date of expiration or revocation of the franchise
of its intention to remove cable, the cable intended to be removed
and a schedule for removal by location. The schedule and timing of
removal shall be subject to approval and regulation by the City. Removal
shall be completed not later than 12 months following the date of
expiration of the franchise. Underground cable and conduit in the
streets which is not removed shall be deemed abandoned and at its
sole option title thereto may be vested in the City.
(b)
Upon expiration or revocation of a franchise, if the franchise is
not renewed and if neither the City nor an assignee purchases the
system, the grantee, at its sole expense, shall, unless relieved of
the obligation by the City, remove from the streets all above ground
elements of the cable service system, including but not limited to
amplifier boxes, pedestal mounted terminal boxes, and cable attached
to or suspended from poles, which are not purchased by the City or
its assignee.
(c)
The grantee shall apply for and obtain such encroachment permits,
licenses, authorizations or other approvals and pay such fees and
deposit such security as required by applicable ordinance of the City,
shall conduct and complete the work of removal in compliance with
all such applicable ordinances, and shall restore the streets to the
same condition they were in before the work of removal commenced.
The work of removal shall be completed not later than 12 months following
expiration of the franchise.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-1912]
It shall be the right of all subscribers to receive all available
services insofar as their financial and other obligations to the grantee
are honored.
[1]
Editor's Note: Former Section 7-29, which pertained to guaranty
of parent, adopted 12-16-1998 by Ord. No. 1230, as amended 10-4-2000
by Ord. No. 1285, was repealed 5-16-2012 by Ord. No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
Upon execution of a franchise by grantee, the grantee agrees
to be bound [by] all of its terms and conditions and accepts unconditionally
the franchise and promises to comply with and abide by all of their
terms, provisions and conditions. The grantee also agrees to provide
all services set forth in its application and proposal, to provide
cable service within the confines of the City of Holland and, by its
acceptance of the franchise, the grantee specifically grants and agrees
that its application and proposal is thereby incorporated by reference
and made a part of this agreement. In addition, the grantee specifically
agrees that this article of the City of Holland is incorporated by
reference and made a part of the franchise.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
If any section, subsection, sentence, clause, phrase or word
of the franchise or this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
thereof. If a material provision of a franchise is affected by action
of a court or of the state or federal government, the City and the
grantee may modify any such provisions to such reasonable extent as
may be necessary to carry out the full intent and purpose of the franchise.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
A grantee shall at all times comply with the applicable provisions
of 47 U.S.C. § 551.
[1]
Editor's Note: Former Section 7-33, which pertained to rights
of tenant resident, adopted 12-16-1998 by Ord. No. Ord. No. 1230,
as amended 10-4-2000 by Ord. No. 1285, was repealed 5-16-2012 by Ord.
No. 1587.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
(a)
A person who willfully or maliciously damages, or causes to be damaged,
any wire, cable, conduit, apparatus or equipment of the grantee, or
who commits any act with intent to cause damage to any wire, cable,
conduit, apparatus or equipment of the grantee, or who taps, tampers
with, or connects any wire or devise to a wire, cable, conduit or
equipment of the grantee with intent to obtain a signal or impulse
therefrom without authorization of the grantee, shall be guilty of
a misdemeanor.
(b)
This section shall not prevent the grantee from removing, disconnecting
or otherwise rendering inoperable any of the grantee's apparatus or
equipment attached or in any way connected to such person's facilities,
if done for reasonable cause.
(c)
The prohibitions, penalties and remedies set forth in this section
are in addition to the penalties and remedies for theft of cable service
provided by federal and state law.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; 1-17-2018 by Ord. No. 1708]
A grantee shall appoint or designate an agent in Michigan for
service of any legal or administrative process, which may be the resident
agent designated by the grantee with the Michigan Department of Licensing
and Regulatory Affairs or the Department's successor. A change of
the agent shall not be effective with respect to the City until written
notice is received by the City. Acceptance of a franchise or renewal
shall be deemed consent to service of legal or administrative process
by certified mail, postage prepaid and return receipt requested, addressed
to the agent.
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000; Ord. No. 1586, 5-16-2012]
Unless otherwise expressly set forth in a franchise, the provisions
of this article shall apply to any franchise granted or renewed on,
before or after the effective date of this article [June 6, 2012].
[Ord. No. 1230, 12-16-1998; Ord. No. 1285, 10-4-2000]
The provisions of this article shall not apply to operators
of an open video system as defined by the Act except that such an
operator shall be subject to a fee in lieu of a franchise fee in an
amount equal to the same rate paid by the operator of a cable system
based on the open video system's gross revenues. An operator of an
open video system shall enter into an agreement with the City providing
for such fee and such other matters as the City may require, to the
extent allowed by law, for use of City property, easements and public
rights-of-way.
