[Ord. No. 5045 § 1, 8-14-2008]
A. 
The City reserves the right to reasonably designate where a provider's facilities are to be placed within the public rights-of-way and to resolve any disputes among users of the public rights-of-way.
B. 
Continuing Regulatory Jurisdiction. The Board shall have continuing regulatory and primary supervision over the operation of any provider hereunder. However, the daily routine, administrative responsibilities and supervision of the provider shall be undertaken by the City Administrator.
C. 
Regulatory Responsibility Of City. The Board does hereby designate the City Administrator to exercise the City's continuing regulatory and supervisory jurisdiction over a provider and, in this regard, the City Administrator shall have the following responsibilities and duties and such other responsibilities and duties that the Board may assign and delegate to him/her:
1. 
Resolve disputes as provided herein.
2. 
Review and audit all reports and filings submitted to the City as required hereunder and such other correspondence as may be submitted to the City concerning the operation of the system and review the rules and regulations set by a provider under provisions herein.
3. 
Assure that all rules pertinent to the operation of the system in the City are made available for inspection by the public at reasonable hours.
4. 
Confer and coordinate with a provider on the interconnection of the City's system with other similar systems.
5. 
Determine general policy relating to the operation and use of access channels, with a view to maximizing the diversity of programs and services to subscribers. The use of access channels shall be allocated on a first come, first served basis, subject to limitations on monopolization of system time or prime time.
6. 
Encourage use of access channels among the widest range of institutions, groups and individuals within the City.
7. 
Cooperate with other systems and supervise interconnection of systems.
8. 
Maintain a knowledge of current developments in video service programming.
9. 
Submit a budget request to the City to cover expenses incurred in respect of performance of functions provided by this Chapter. This request may include funds to be used for the development of the use of access channels, including productions grants to users and the purchase and maintenance of equipment not required to be provided by a provider, and funds to be used for expenses and such salaries as may be prescribed from time to time by ordinance.
10. 
Audit all of a provider's records required by this Chapter and, in the City Administrator's discretion, require the preparation and filing of information in addition to that required herein.
11. 
Conduct evaluations of the video service network with a provider and, pursuant thereto, make recommendations to the Board for amendments to this Chapter.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
Subscribers' Antennas. A provider is expressly prohibited from requiring the removal or from offering to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition for provision of service by a provider.
B. 
Sale Or Service Of Television Receivers. Neither a provider nor any of its affiliated, subsidiary or parent organizations, officers, directors or stockholders holding ten percent (10%) or more of outstanding stock of a provider shall, within the corporate limits of the City or within ten (10) miles in any direction, directly or indirectly engage in the retail sale, renting or repairing of radio or television receivers, nor require, encourage or recommend to any subscriber to purchase, rent or lease radios or televisions at any specific business renting, leasing or selling radios or televisions or to utilize the services of any specific television or radio service business for the repair or maintenance of the subscriber's receivers, either radio or television, wheresoever located.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
Services To Be Equally Available. A provider shall not, as to rates, charges, services, rules, regulations or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification shall be entitled.
B. 
Fairness Of Accessibility. The entire system of a provider shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies or other entities having a legitimate use for the network, and no one shall be arbitrarily excluded from its use; allocation of use of such facilities shall be made according to the rules or decisions of a provider and any regulatory agencies affecting the same.
C. 
Discriminatory Practices Prohibited.
1. 
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 local area in which the group resides.
2. 
It is a defense to an alleged violation of Subsection (A) of this Section if the video service provider has met either of the following conditions:
a. 
Within three (3) years of the date it began providing video service under the provisions of Sections 67.2675 to 67.2714, RSMo., at least twenty-five percent (25%) of the households with access to the provider's video service are low-income households; or
b. 
Within five (5) years of the date it began providing video service under the provisions of Sections 67.2675 to 67.2714, RSMo., at least thirty percent (30%) of the households with access to the provider's video service are low-income households.
3. 
If a video service provider is using telecommunication facilities to provide video service and has more than one million (1,000,000) telecommunication access lines in this State, the provider shall provide access to its video service to a number of households equal to at least twenty-five percent (25%) of the households in the provider's telecommunications service area in the State within three (3) years of the date it began providing video service pursuant to authorization under Sections 67.2675 to 67.2714, RSMo., and to not less than fifty percent (50%) of such households within six (6) years. A video service provider is not required to meet the fifty percent (50%) requirement provided in this Subsection until two (2) years after at least thirty percent (30%) of the households with access to the provider's video service subscribe to the service for six (6) consecutive months.
4. 
Each provider described in Subsection (C) of this Section shall file an annual report with the City and the Public Service Commission regarding the progress that has been made toward compliance with the provisions of Subsection (C) of this Section.
5. 
Except for satellite service, a video service provider may satisfy the requirements of this Section through the use of alternate technology that offers service, functionality and content which is demonstrably similar to that provided through the provider's video service network and may include a technology that does not require the use of any public right-of-way. The technology utilized to comply with the requirements of this Section shall include local public, education and government channels as required under Section 635.440 and messages over the emergency alert system as required under Section 635.130.
6. 
A video service provider may apply to the Public Service Commission for a waiver of or an extension of time to meet the requirements of this Section if one (1) or more of the following apply:
a. 
The inability to obtain access to public and private rights-of-way under reasonable terms and conditions;
b. 
Developments or buildings not being subject to competition because of existing exclusive service arrangements;
c. 
Developments or buildings being inaccessible using reasonable technical solutions under commercially reasonable terms and conditions;
d. 
Natural disasters; or
e. 
Factors beyond the control of the video service provider.
7. 
The Public Service Commission may grant the waiver or extension only if the provider has made substantial and continuous effort to meet the requirements of this Section. If an extension is granted, the Public Service Commission shall establish a new compliance deadline. If a waiver is granted, the Public Service Commission shall specify the requirement or requirements waived.
8. 
Notwithstanding any other provision of this Chapter, a video service provider using telephone facilities to provide video service shall not be obligated to provide such service outside the provider's existing telephone exchange boundaries.
9. 
The City may file a complaint in a court of competent jurisdiction alleging a violation of Subsection (A) or (C) of this Section.
[Ord. No. 5045 § 1, 8-14-2008]
A provider, at its expense, shall comply with all laws, orders and regulations of the Federal, State and municipal authorities and with any directive of any public officer pursuant to law who shall legally impose any regulation, order or duty upon a provider with respect to a video service authorization.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
An entity holding a video service authorization 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 for damages or equitable relief arising out of:
1. 
The construction, maintenance or operation of its video service network;
2. 
Copyright infringements or a failure by an entity holding a video service authorization to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the video service network.
B. 
Any indemnification provided in Subsection (A) of this Section shall include, but not be limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding prior to the entity holding the video service authorization assuming such defense. The City shall notify the entity holding the video service authorization of claims and suits within seven (7) business days of its actual knowledge of the existence of such claim, suit or proceeding. Failure to provide such notice shall relieve the entity holding the video service authorization of its obligations under this Section. Once the entity holding the video service authorization assumes the defense of any such action, the City may, at its option, continue to participate in the defense at its own expense.
C. 
The obligation to indemnify, hold harmless and defend contained in Subsections (A) and (B) of this Section shall not apply to any claim, suit or cause of action related to the provision of public, educational and governmental channels or programming or to emergency interrupt service announcements.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
There is hereby reserved to the City every right and power which is or may be reserved to a political subdivision of the State and all video services providers shall be bound thereby and shall comply with any action or requirements of the City in its exercise of such rights or powers heretofore or hereafter enacted or established.
B. 
No provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.
C. 
The preemption or preclusion of the exercise by the City of any of its Police powers shall not diminish, impair, alter or affect any contractual benefit to the City nor any contractual obligation of any video service provider or franchise holder. Any and all rights, powers, privileges and authorities arising under this Chapter or any franchise agreement are each and all hereby declared by the City and any holder of any franchise hereunder to be contractual in nature.
D. 
At the expiration of the term for which a franchise or video service authorization is granted or upon the termination and cancellation thereof, the City reserves the right to require a provider to remove, at its own expense, any and all portions of the network from the public right-of-way within the City.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
Grounds For Revocation. The City reserves the right to revoke any franchise granted by it and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this Chapter and any franchise agreement:
1. 
If a franchise holder should default in the performance of any of its material obligations under this Chapter, or under the franchise agreement, or under such documents, contracts and other terms and provisions entered into by and between the City and the holder.
2. 
If a franchise holder should fail to provide or maintain in full force and effect the liability and indemnification coverages, the performance bond or the security fund as required by the Chapter or the franchise agreement.
3. 
If any court of competent jurisdiction, the FCC or any State regulatory body, by rules, decisions or other actions, determines that any material provision of the franchise agreement, including this Chapter, is invalid or unenforceable.
4. 
If a franchise holder should violate any orders or rulings of any regulatory body having jurisdiction over a franchise holder relative to the franchise unless such orders or rulings are being contested by a holder in a court of competent jurisdiction.
5. 
If a franchise holder ceases to provide services for any reason within the control of a holder over the system. A franchise holder shall not be declared in default or be subject to any sanction under any provision of this Chapter in any case in which performance of any such provision is prevented for reasons beyond a holder's control. A default shall not be deemed to be beyond a holder's control if committed by a corporation or other business entity which is affiliated with a franchise holder.
6. 
If a franchise holder attempts to evade any of the provisions of this Chapter or the franchise agreement or practices any fraud or deceit upon the City.
B. 
Procedure Prior To Revocation.
1. 
The City may make written demand that a franchise holder do so comply with any such requirement, limitation, term, condition, rule or regulation. Upon the occurrence of a default which can be cured by the immediate payment of money to City or a third party, franchise holder shall have thirty (30) days from receipt of written notice from City to franchise holder of an occurrence of such a default to cure same or to demonstrate that no default has occurred before City may exercise any of its rights or remedies provided for in this Chapter. Upon the occurrence of a default by franchise holder which cannot be cured by the immediate payment of money to City or a third party, franchise holder shall have ninety (90) days from written notice from City to holder of an occurrence of a default to cure same before City may exercise any of its rights or remedies provided for in this Chapter. If any default is not cured within the time period allowed for curing, such default shall, without additional notice, become an uncured default, which shall entitle City to exercise the remedies provided for below.
2. 
Upon the occurrence of any uncured event of default as described above, City shall be entitled to exercise any and all of the following cumulative remedies:
a. 
The commencement of an action against franchise holder at law for monetary damages.
b. 
The commencement of an action in equity seeking injunctive relief or the specific performance of any of the provisions which, as a matter of equity, are specifically enforceable.
c. 
For a violation of a material provision of any franchise agreement, City shall have the right to terminate and/or revoke the franchise agreement and upon the termination and/or revocation thereof, the franchise agreement shall be automatically deemed null and void and have no force or effect. Franchise holder shall remove the cable system from City (as set forth in this Chapter) as and when requested by City, and City shall retain any portion of the franchise agreement fee and other fees or payments paid to it, or which are due and payable to it, to the date of the forfeiture, termination and/or revocation. Notwithstanding the above, prior to any termination and/or revocation of any franchise agreement, City shall notify grantee in writing at least thirty (30) days in advance of the time and place of the Board meeting at which the question of termination and/or revocation shall be considered and franchise holder shall have the right to due process including the right to appear before the Board, in person or by counsel, and to raise any objections or defenses holder may have that are relevant to the proposed termination and/or revocation and to introduce evidence to support such objections, defenses or factual statements. After the designated meeting, City shall determine whether or not the franchise shall be terminated, forfeited and/or revoked. Franchise holder may appeal such determination to a court of competent jurisdiction, which court shall have the power to review the decision of the City. Such appeal to the appropriate court must be taken within thirty (30) days of the issuance of the determination of the Board.
C. 
Disposition Of Facilities. In the event a franchise expires, is revoked or is otherwise terminated, the City may order the removal of the system facilities from the City within a period of time as determined by the City or require the original holder to maintain and operate its network until a subsequent grantee is selected.
D. 
Restoration Of Property. In removing its plant, structures and equipment, a franchise holder shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as prevailing prior to the holder's removal of its equipment and appliances without affecting the electrical or telephone wires or attachments. The City shall inspect and approve the condition of the public ways and public places and wire, attachments and poles after removal. The liability indemnity and insurance as provided herein and the performance bond provided herein shall continue in full force and effect during the period of removal and until full compliance by a holder with the terms and conditions of this Subsection and this Chapter.
E. 
Restoration By City — Reimbursement Of Costs. In the event of a failure by a franchise holder to complete any work required by Subsection (C) and/or Subsection (D) above or any other work required by the City law or ordinance within the time as may be established and to the satisfaction of the City, the City may cause such work to be done and a holder shall reimburse the City the cost thereof within thirty (30) days after receipt of an itemized list of such costs, or the City may recover such costs through the performance bond provided by a holder. The City shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.
F. 
Extended Operation. Upon either the expiration or revocation of a franchise, the City may require a franchise holder to continue to operate the network for an extended period of time not to exceed three (3) months from the date of such expiration or revocation. A holder shall, as trustee for its successor in interest, continue to operate the system under the terms and conditions of this Chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. During such interim period, a franchise holder shall not sell any of the system assets nor shall a holder make any physical, material, administrative or operational change that would tend to:
1. 
Degrade the quality of service to the subscribers,
2. 
Decrease income, or
3. 
Materially increase expenses without the express permission in writing of the City or its assignee.
The City shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.
G. 
City's Rights Not Affected. The termination and forfeiture of any franchise shall in no way affect any of the rights of the City under the franchise or any provision of law.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
All video service providers providing video service in the City shall designate three (3) channels for non-commercial public, educational or governmental "PEG" use, provided, however, any PEG channel that is shared among multiple political subdivisions served by a common headend on August 28, 2007, may continue to be shared among those political subdivisions served by that headend. Such limits shall constitute the total number of PEG channels that may be designated on all video service networks that share a common headend, regardless of the number of political subdivisions served by such headend. The video service provider may provide such channels on any service tier that is purchased by more than fifty percent (50%) of its customers. All video service providers serving the City shall be required to provide the same number of PEG access channels as the incumbent video service provider existing on August 28,2007.
B. 
Notwithstanding any franchise or ordinance granted by the City prior to August 28, 2007, this Section, rather than the franchise or ordinance, shall apply to the designation of PEG access channels by an incumbent cable operator operating under such franchise or ordinance; provided however, that if such franchise or ordinance requires more PEG access channels than the applicable limit specified in Subsection (A) of this Section, the requirement in the franchise or ordinance shall apply in lieu of such limit; provided further, that the incumbent cable operator may nonetheless be required to activate additional PEG channel or channels, up to such limit, to the extent the City certifies that such additional channel or channels will be substantially utilized as defined in Subsection (D) of this Section.
C. 
Any PEG channel designated pursuant to this Section that is not substantially utilized, as defined in Subsection (D) of this Section, by the City shall no longer be made available to the City, but may be programmed at the video service provider's discretion. At such time as the Board of Aldermen makes a finding and certifies that a channel that has been reclaimed by a video service provider under this Subsection will be substantially utilized, the video service provider shall restore the reclaimed channel within one hundred twenty (120) days, but shall be under no obligation to carry that channel on any specific tier.
D. 
For purposes of this Section, 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.
E. 
Except as provided in this Section, the City shall not require a video service provider to provide any funds, services, programming, facilities or equipment related to public, educational or governmental use of channel capacity. The operation of any PEG access channel provided pursuant to this Section 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.
F. 
The City shall ensure that all transmissions of content and programming provided by or arranged by it to be transmitted over a PEG channel by a video service provider are delivered and submitted to the video service provider 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, and which is compatible with the technology or protocol utilized by the video service provider to deliver its video services.
G. 
The City shall make the programming of any PEG access channel available to all video service providers in the City in a non-discriminatory manner. Each video service provider shall be responsible for providing the connectivity to the City or its duly appointed agent's PEG access channel distribution points existing as of August 28, 2007. Where technically necessary and feasible, video service providers in the City 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 within the City. 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.
H. 
Obligations Of Cable Operator — Support.
1. 
The obligation of an incumbent cable operator to provide monetary and other support for PEG access facilities contained in a franchise existing on August 28, 2007, shall continue until the term of the franchise would have expired if it had not been terminated pursuant to Sections 67.2675 to 67.2714, RSMo., or until January 1, 2012, whichever is earlier.
2. 
Each video service provider providing video service in the City shall have the same obligation to support PEG access facilities as the incumbent cable operator with the most subscribers in the City as of August 28, 2007. To the extent such incumbent cable operator provides such support in the form of a percentage of gross revenue or a per subscriber fee, any other video service provider shall pay the same percentage of gross revenue or per subscriber fee as the incumbent cable operator. To the extent the incumbent cable operator provides such support in the form of a lump sum payment without an offset to its gross receipts fee, any other video service provider shall be responsible for a pro rata share of such payment made by the incumbent cable operator after the date on which the other video service provider commences service in the City based on its proportion of video service customers in the City. To the extent the incumbent cable operator provides such support on an in-kind basis after the date on which the other video service provider commences service in the City, any other video service provider shall pay the City a sum equal to the pro rata amount of the fair market value of such support based on its proportion of video service customers in the City.
3. 
For purposes of this Section, the proportion of video service customers of a video service provider shall be determined based on the relative number of subscribers as of the end of the prior calendar year as reported by all incumbent cable operators and holders of video service authorizations. The City shall notify a video service provider of the amount of such fee on an annual basis, beginning one (1) year after issuance of the video service authorization.
I. 
Neither the Public Service Commission nor the City shall require a video service provider to provide any institutional network or equivalent capacity on its video service network. The obligation of an incumbent cable operator to provide such network or capacity contained in a franchise existing on August 28,2007, shall continue until the term of the franchise would have expired and shall be limited to providing the network as is on August 28, 2007.
[Ord. No. 5045 § 1, 8-14-2008]
A. 
Use Of Data From Subscriber. A provider shall not initiate or use any form, procedure or device for procuring information or data from subscribers' terminals by use of the system without prior notification to each subscriber so affected.
B. 
Subscriber Lists. A provider shall not, without prior valid authorization from each subscriber so affected, provide any list designating subscribers' names and addresses to the City or any other party. 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. 
Subscriber Transmissions. A provider shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from the subscriber's premises of two-way services utilizing audio, visual or digital signals without first obtaining written permission of the subscriber.
[Ord. No. 5045 § 1, 8-14-2008]
In the event a video service provider is found by a court of competent jurisdiction to be in non-compliance with the requirements of Sections 67.2675 to 67.2714, RSMo., and the St. Peters City Code, the court shall issue an order to the video service provider directing a cure for such non-compliance within a specified reasonable period of time. If the video service provider meets the requirements of the provisions of Sections 67.2675 to 67.2714, RSMo., and the St. Peters City Code within the court ordered period of time, the court shall dismiss the claim of non-compliance.