[Ord. No. 1641 §2(A), 12-18-2007]
The following terms shall have the following meanings unless
otherwise defined by context:
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier or affiliate thereof.
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
Recurring charges for video service,
Event-based charges for video service including, but not limited
to, pay-per-view and video-on-demand charges,
Rental of set top boxes and other video service equipment,
Service charges related to the provision of video service including,
but not limited to, activation, installation, repair and maintenance
charges,
Administrative charges related to the provision of video service
including, but not limited to, service order and service termination
charges, and
A pro rata portion of all revenue derived, less refunds, rebates
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising; but gross revenues do
not include:
Discounts, refunds and other price adjustments that reduce the
amount of compensation received by a video service provider,
Uncollectibles,
Late payment fees,
Amounts billed to subscribers to recover taxes, fees or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein,
Fees or other contributions for PEG or I-Net support, or
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means. Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
An apartment, a house, a mobile home or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
An individual, partnership, association, organization, corporation,
trust or government entity.
Any person who receives video services in the franchise area.
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand
or a per channel basis, including cable service as defined by 47 U.S.C.
Section 522(6), but excluding video programming provided by a commercial
mobile service provider defined in 47 U.S.C. Section 332(d) or any
video programming provided solely as part of and via a service that
enables users to access content, information, electronic mail or other
services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wireline facilities or any component thereof that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service
network" shall include cable television systems.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
The fee imposed under Section 627.040 hereof.
[Ord. No. 1641 §2(B), 12-18-2007]
A.
A video
service provider shall provide written notice to the City at least
ten (10) days before commencing video service within the City. Such
notice shall also include:
1.
The
name, address and legal status of the provider;
2.
The
name, title, address, telephone number, e-mail address and fax number
of individual(s) authorized to serve as the point of contact between
the City and the provider so as to make contact possible at any time
(i.e., twenty-four (24) hours per day, seven (7) days per week); and
3.
A copy
of the provider's video service authorization issued by the Missouri
Public Service Commission.
C.
A video
service provider shall not deny access to service to any group of
potential residential subscribers because of the race or income of
the residents in the area in which the group resides. A video service
provider shall be governed in this respect by Section 67.2707, RSMo.
The City may file a complaint in a court of competent jurisdiction
alleging a germane violation of this Subsection, which complaint shall
be acted upon in accordance with Section 67.2711, RSMo.
D.
A video
service provider shall comply with all Federal Communications Commission
requirements involving the distribution and notification of emergency
messages over the emergency alert system applicable to cable operators.
Any video service provider other than an incumbent cable operator
serving a majority of the residents within a political subdivision
shall comply with this Section by December 31, 2007.
E.
A video
service provider shall, at its sole cost and expense, indemnify, hold
harmless and defend the City, its officials, boards, board members,
commissions, commissioners, agents and employees against any and all
claims, suits, causes of action, proceedings and judgments ("claims")
for damages or equitable relief arising out of:
1.
The
construction, maintenance, repair or operation of its video services
network,
2.
Copyright
infringements, and
3.
Failure
to secure consents from the owners, authorized distributors or licenses
or programs to be delivered by the video service network.
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Such indemnification shall include, but is not limited to, the
City's reasonable attorneys' fees incurred in defending against any
such claim prior to the video service provider assuming such defense.
The City shall notify the provider of a claim within seven (7) business
days of its actual knowledge of the existence of such claim. Once
the provider assumes the defense of the claim, the City may at its
option continue to participate in the defense at its own expense.
This indemnification obligation shall not apply to any claim related
to the provision of public, educational or governmental channels or
programming or to emergency interrupt service announcements.
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[Ord. No. 1641 §2(C), 12-18-2007]
A.
Each
video service provider shall pay to the City a video service provider
fee in the amount of five percent (5%) of the provider's gross revenues
on or before the last day of the month following the end of each calendar
quarter. The City may adjust the video service provider fee as permitted
in Section 67.2689, RSMo.
B.
A video
service provider may identify and pass through on a proportionate
basis the video service provider fee as a separate line item on subscribers'
bills.
C.
The City,
not more than once per calendar year and at its own cost, may audit
the gross revenues of any video service provider as provided in Section
67.2691, RSMo. A video service provider shall make available for inspection
all records pertaining to gross revenues at the location where such
records are kept in the normal course of business.
[Ord. No. 1641 §2(D), 12-18-2007]
A.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
For purposes
of this Section, the following terms shall mean:
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term normal business
hours must include some evening hours at least one (1) night per week
or some weekend hours.
Those service conditions which are within the control of
the video service provider. Those conditions which are not within
the control of the video service provider include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the video service provider
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods and
maintenance or upgrade of the video system.
The loss of picture or sound on one (1) or more video channels.
B.
All video
service providers shall adopt and abide by the following minimum customer
service requirements.
1.
Video
service providers shall maintain a local, toll-free or collect call
telephone access line which may be available to subscribers twenty-four
(24) hours a day, seven (7) days a week.
2.
Video
service providers shall have trained company representatives available
to respond to customer telephone inquiries during normal business
hours. After normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. Inquiries received after normal business hours shall be responded
to, by a trained company representative, on the next business day.
3.
Under
normal operating conditions, telephone answer time by a customer representative,
including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer
time shall not exceed thirty (30) seconds. These standards shall be
met no less than ninety percent (90%) of the time under normal operating
conditions measured on a quarterly basis.
4.
Under
normal operating conditions, the customer will receive a busy signal
less than three percent (3%) of the time.
5.
Customer
service centers and bill payment locations shall be open at least
during normal business hours and shall be conveniently located.
6.
Under
normal operating conditions, each of the following standards shall
be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
a.
Standard
installations shall be performed within seven (7) business days after
an order has been placed. "Standard" installation are those that are
located up to one hundred twenty-five (125) feet from the existing
distribution system.
b.
Excluding
conditions beyond the control of the operator, the video service provider
shall begin working on "service interruptions" promptly and in no
event later than twenty-four (24) hours after the interruption becomes
known. The video service provider must begin actions to correct other
service problems the next business day after notification of the service
problem.
c.
The
"appointment window" alternatives for installations, service calls
and other installation activities will be either a specific time or,
at maximum, a four (4) hour time block during normal business hours.
The operator may schedule service calls and other installation activities
outside of normal business hours for the express convenience of the
customer.
d.
A
video service provider shall not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
e.
If
a video service provider's representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,
the customer must be contacted. The appointment shall be rescheduled,
as necessary, at a time convenient for the customer.
8.
Credits
for service shall be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
9.
Video
service providers shall not disclose the name or address of a subscriber
for commercial gain to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the businesses of
the video service provider or its affiliates, as required under 47
U.S.C. Section 551, including all notice requirements. Video service
providers shall provide an address and telephone number for a local
subscriber to use without toll charge to prevent disclosure of the
subscriber's name or address.
C.
As required by Section 67.2692, RSMo., this Section 627.050 shall be enforced only as follows:
1.
Each
video service provider shall implement an informal process for handling
inquiries from the City and customers concerning billing issues, service
issues and other complaints. If an issue is not resolved through this
informal process, the City may request a confidential non-binding
mediation with the video service provider, with the costs of such
mediation to be shared equally between the City and the video service
provider.
2.
In the
case of repeated, willful and material violations of the provisions
of this Section by a video service provider, the City may file a complaint
on behalf of a resident harmed by such violations with Missouri's
Administrative Hearing Commission seeking an order revoking the video
service provider's Public Service Commission authorization. The City
or a video service provider may appeal any determination made by the
Administrative Hearing Commission under this Section to a court of
competent jurisdiction which shall have the power to review the decision
de novo. The City shall not file a complaint seeking revocation unless
the video service provider has been given sixty (60) days' notice
to cure alleged breaches but has failed to do so.
[Ord. No. 1641 §2(E), 12-18-2007]
A.
Each
video service provider shall designate the same number of channels
for non-commercial public, educational or governmental ("PEG") use
as required of the incumbent cable television franchisee as of August
28, 2007.
B.
Any PEG
channel that is not substantially utilized by the City may be reclaimed
and programmed by the video service provider at the provider's discretion.
If the City finds and certifies that a channel that has been reclaimed
by a video service provider will be substantially utilized, the video
service provider shall restore the reclaimed channel within one hundred
twenty (120) days. A PEG channel shall be considered "substantially
utilized" when forty (40) hours per week are locally programmed on
that channel for at least three (3) consecutive months. In determining
whether a PEG channel is substantially utilized, a program may be
counted not more than four (4) times during a calendar week.
C.
The operation
of any PEG access channel and the production of any programming that
appears on each such channel shall be the sole responsibility of the
City or its duly appointed agent receiving the benefit of such channel
and the video service provider shall bear only the responsibility
for the transmission of the programming on each such channel to subscribers.
The City must deliver and submit to the video service provider all
transmissions of PEG content and programming in a manner or form that
is capable of being accepted and transmitted by such video service
provider holder over its network without further alteration or change
in the content or transmission signal. Such content and programming
must be compatible with the technology or protocol utilized by the
video service provider to deliver its video services. The video service
provider shall cooperate with the City to allow the City to achieve
such compatibility.
D.
The City
shall make the programming of any PEG access channel available to
all video service providers in a non-discriminatory manner. Each video
service provider shall be responsible for providing the connectivity
to the City's or its duly appointed agent's PEG access channel distribution
points existing as of August 27, 2007. Where technically necessary
and feasible, video service providers shall use reasonable efforts
and shall negotiate in good faith to interconnect their video service
networks on mutually acceptable rates, terms and conditions for the
purpose of transmitting PEG programming. A video service provider
shall have no obligation to provide such interconnection to a new
video service provider at more than one (1) point per headend, regardless
of the number of political subdivisions served by such headend. The
video service provider requesting interconnection shall be responsible
for any costs associated with such interconnection, including signal
transmission from the origination point to the point of interconnection.
Interconnection may be accomplished by direct cable microwave link,
satellite or other reasonable method of connection acceptable to the
person providing the interconnect.
E.
The franchise
obligation of an incumbent cable operator to provide monetary and
other support for PEG access facilities existing on August 27, 2007,
shall continue until the Missouri Public Service Commission date of
franchise expiration or January 1, 2012, whichever is earlier. Any
other video service provider shall have the same obligation to support
PEG access facilities as the incumbent cable operator, but if there
is more than one (1) incumbent, then the incumbent with the most subscribers
as of August 27, 2007. Such obligation shall be prorated, depending
on the nature of the obligation, as provided in Section 67.2703.8,
RSMo. The City shall notify each video service provider of the amount
of such fee on an annual basis, beginning one (1) year after issuance
of the video service authorization.
F.
A video
service provider may identify and pass through as a separate line
item on subscribers' bills the value of monetary and other PEG access
support on a proportionate basis.
