[Ord. No. 7473 §1, 12-11-2007]
A. To the
extent permitted by the 2007 Video Services Providers Act, the City
Council of the City of Florissant hereby ratifies all existing agreements,
franchises and ordinances regulating cable television operators and
other video service providers, including the imposition of a franchise
fee of five percent (5%) imposed on the gross revenues of all such
providers and the Cable Communications Regulatory Code and further
declares that such agreements, franchises and ordinances shall continue
in full force and effect until expiration as provided therein or until
pre-empted by the issuance of video service authorizations by the
Missouri Public Service Commission or otherwise by law, but only to
the extent of said pre-emption.
B. It shall be unlawful for any person to provide video services, as defined in Section
610.020 hereof, within the City without either an agreement, franchise or ordinance approved by the City or a video service authorization issued by the Missouri Public Service Commission.
[Ord. No. 7473 §1, 12-11-2007]
A. Definitions. The following terms shall have the following
meanings, unless otherwise defined by context:
FRANCHISE AREA
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.
GROSS REVENUES
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
1.
Recurring charges for video service,
2.
Event-based charges for video service, including, but not limited
to, pay-per-view and video-on-demand charges,
3.
Rental of set top boxes and other video service equipment,
4.
Service charges related to the provision of video service, including,
but not limited to, activation, installation, repair and maintenance
charges,
5.
Administrative charges related to the provision of video service,
including, but not limited to, service order and service termination
charges, and
a.
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:
(1)
Discounts, refunds and other price adjustments that reduce the
amount of compensation received by a video service provider,
(4)
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,
(5)
Fees or other contributions for PEG or I-Net support, or
6.
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.
HOUSEHOLD
An apartment, a house, a mobile home or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
LOW INCOME HOUSEHOLD
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.
PERSON
An individual, partnership, association, organization, corporation,
trust or government entity.
SUBSCRIBER
Any person who receives video services in the franchise area.
VIDEO SERVICE
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.
VIDEO SERVICE AUTHORIZATION
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 to offer video
service to subscribers.
VIDEO SERVICE NETWORK
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.
B. General Regulations.
1. 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:
a. The
name, address and legal status of the provider;
b. 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
c. A
copy of the provider's video service authorization issued by the Missouri
Public Service Commission.
2. A video
service provider shall also notify the City, in writing, within thirty
(30) days of:
a. Any
changes in the information set forth in or accompanying its notice
of commencement of video service; or
b. Any
transfer of ownership or control of the provider's business assets.
3. 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.
4. 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.
5. 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:
a. The
construction, maintenance, repair or operation of its video services
network,
b. Copyright
infringements, and
c. 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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C. Video Service Provider Fee.
1. 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.
2. 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.
3. 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 67.269 1, 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.
D. Customer Service Regulations.
1. For
purposes of this Section, the following terms shall mean:
NORMAL BUSINESS HOURS
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 or
some weekend hours.
NORMAL OPERATING CONDITIONS
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.
2. All
video service providers shall adopt and abide by the following minimum
customer service requirements.
a. Video
service providers shall maintain a local, toll-flee or collect call
telephone access line which may be available to subscribers twenty-four
(24) hours a day, seven (7) days a week.
b. 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.
c. 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.
d. Under
normal operating conditions, the customer will receive a busy signal
less than three percent (3%) of the time.
e. Customer
service centers and bill payment locations shall be open at least
during normal business hours and shall be conveniently located.
f. 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:
(1) Standard installations shall be performed within seven (7) business
days after an order has been placed. "Standard" installations are
those that are located up to one hundred twenty-five (125) feet from
the existing distribution system.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
g. Refund
checks shall be issued promptly, but no later than either:
(1) The customer's next billing cycle following resolution of the request
or thirty (30) days, which ever is earlier; or
(2) The return of the equipment supplied by the video service provider
if the service is terminated.
h. Credits
for service shall be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
i. 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.SC. 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.
3. As required by Section 67.2692, RSMo., this Subsection
(D) shall be enforced only as follows:
a. 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.
b. 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.
E. Public, Educational And Government Access Programming.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 date of franchise expiration (ignoring
any termination by notice of issuance of a video service authorization)
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.
6. 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.
F. Compliance With Other Regulations. All video service providers
shall comply with all other applicable laws and regulations, including,
but not limited to, Chapter 20, Article IV.
[Ord. No. 7473 §1, 12-11-2007]
A. Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
DIRECTOR
The City's Public Works Director or such other person designated
to administer and enforce this Chapter.
FACILITIES
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
FACILITIES PERMIT
A permit granted by the City for placement of facilities
on private property.
PERSON
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
SERVICE
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B. Facilities Permits.
1. Any
person desiring to place facilities on private property must first
apply for and obtain a facilities permit, in addition to any other
building permit, license, easement, franchise or authorization required
by law. The Director may design and make available standard forms
for such applications, requiring such information as allowed by law
and as the Director determines in his or her discretion to be necessary
and consistent with the provisions of this Chapter and to accomplish
the purposes of this Chapter. Each application shall at minimum contain
the following information, unless otherwise waived by the Director:
a. The
name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b. A
description of the proposed work, including a site plan and such plans
or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
2. Each
such application shall be accompanied by an application fee approved
by the City to cover the cost of processing the application.
3. Application Review And Determination.
a. The
Director shall promptly review each application and shall grant or
deny the application within thirty-one (31) days. Unless the application
is denied pursuant to subparagraph (d) hereof, the Director shall
issue a facilities permit upon determining that the applicant:
(1) Has submitted all necessary information,
(2) Has paid the appropriate fees, and
(3) Is in full compliance with this Chapter and all other City ordinances.
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The Director may establish procedures for bulk processing of
applications and periodic payment of fees to avoid excessive processing
and accounting costs.
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b. It
is the intention of the City that proposed facilities will not impair
public safety, harm property values or significant sight lines or
degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes,
all above ground facilities, where authorized, shall be placed in
the rear yard wherever practical and shall not obstruct or interfere
with water runoff or water drainage easements. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the Director upon a determination that all other alternatives are
not feasible.
c. An
applicant receiving a facilities permit shall promptly notify the
Director of any material changes in the information submitted in the
application or included in the permit. The Director may issue a revised
facilities permit or require that the applicant reapply for a facilities
permit.
d. The
Director may deny an application, if denial is deemed to be in the
public interest, for the following reasons:
(1) Delinquent fees, costs or expenses owed by the applicant;
(2) Failure to provide required information;
(3) The applicant being in violation of the provisions of this Chapter
or other City ordinances;
(4) For reasons of environmental, historic or cultural sensitivity as
defined by applicable Federal, State or local law;
(5) For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6) For any other reason to protect the public health, safety and welfare,
provided that such denial does not fall within the exclusive authority
of the Missouri Public Service Commission and is imposed on a competitively
neutral and non-discriminatory basis.
4. Permit revocation and ordinance violations.
a. The
Director may revoke a facilities permit without fee refund after notice
and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Chapter.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1) A material violation of the facilities permit or this Chapter;
(2) An evasion or attempt to evade any material provision of the permit
or this Chapter or the perpetration or attempt to perpetrate any fraud
or deceit upon the City or its residents;
(3) A material misrepresentation of fact in the permit application;
(4) A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5) A failure to correct, upon reasonable notice and opportunity to cure
as specified by the Director, work that does not conform to applicable
national safety ordinances, industry construction standards or the
City's pertinent and applicable ordinances, including, but not limited
to, this Chapter, provided that City standards are no more stringent
than those of a national safety ordinance.
b. Any
breach of the terms and conditions of a facilities permit shall also
be deemed a violation of this Chapter and in lieu of revocation the
Director may initiate prosecution of the applicant or the facilities
owner for such violation.
C. Facilities Regulations.
1. The
following general regulations apply to the placement and appearance
of facilities:
a. Facilities
shall be placed underground, except when other similar facilities
exist above ground or when conditions are such that underground construction
is impossible, impractical or economically unfeasible, as determined
by the City, and when in the City's judgment the above ground construction
has minimal aesthetic impact on the area where the construction is
proposed. Facilities shall not be located so as to interfere or be
likely to interfere with any public facilities or use of public property.
b. Facilities
shall be located in such a manner as to reduce or eliminate their
visibility. Non-residential zoning districts are preferred to residential
zoning districts. Preferred locations in order of priority in both
type districts are:
(1) Thoroughfare landscape easements,
(3) Street side yards on a corner lot behind the front yard setback.
Placements within side yards not bordered by a street or within front
yards are discouraged.
c. Facilities
shall be a neutral color and shall not be bright, reflective or metallic.
Black, gray and tan shall be considered neutral colors, as shall any
color that blends with the surrounding dominant color and helps to
camouflage the facilities. Sightproof screening, landscape or otherwise,
may be required for facilities taller than three (3) feet in height
or covering in excess of four (4) square feet in size. Such screening
shall be sufficient to reasonably conceal the facility. A landscape
plan identifying the size and species of landscaping materials shall
be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repairs or replacement
of screening materials. Alternative concealment may be approved by
the Director to the extent it meets or exceeds the purposes of these
requirements.
d. Facilities
shall be constructed and maintained in a safe manner and so as to
not emit any unnecessary or intrusive noise and in accordance with
all applicable provisions of the Occupational Safety and Health Act
of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e. No
person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f. If
the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2. Any
person installing, repairing, maintaining, removing or operating facilities,
and the person on whose behalf the work is being done, shall protect
from damage any and all existing structures and property belonging
to the City and any other person. Any and all rights-of-way, public
property or private property disturbed or damaged during the work
shall be repaired or replaced and the responsible person shall immediately
notify the owner of the fact of the damaged property. Such repair
or replacement shall be completed within a reasonable time specified
by the Director and to the Director's satisfaction.
3. The
applicant shall provide written notice to all property owners within
one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
4. At the
City's direction, a person owning or controlling facilities shall
protect, support, disconnect, relocate or remove facilities, at its
own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5. If a
person installs facilities without having complied with the requirements
of this Chapter or abandons the facilities, said person shall remove
the facilities and if the person fails to remove the facilities within
a reasonable period of time, the City may, to the extent permitted
by law, have the removal done at the person's expense.
6. Facilities
shall be subject to all other applicable regulations and standards
as established as part of the City Code including, but not limited
to, building codes, zoning requirements and rights- of-way management
regulations in addition to the regulations provided herein.
[Ord. No. 7473 §1, 12-11-2007]
Any person found guilty of violating any provision herein shall
be punished by a fine not to exceed one thousand dollars ($1,000.00)
or by imprisonment not to exceed ninety (90) days or by both such
fine and imprisonment and each day the violation continues shall constitute
a separate offense.