Editor's Note — Ord. no. 465, and any amendments thereto, which sets out the city's cable television regulations is on file in the city offices. At the City's request we have set out the Franchise provisions herein.
[Ord. No. 694 §1, 12-13-2005]
For the purpose of this Chapter, the following words and phrases shall have the meanings set forth in this Section:
BOARD OF ALDERMEN
The Governing Body of the City.
CABLE SERVICE
means:
1. 
The one-way transmission to subscribers of
a. 
Video programming, or
b. 
Other programming service, and
2. 
Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CABLE SYSTEM
Grantee's facility located within the City, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within the City.
CITY
Granby, Missouri
FACILITIES
Any reception, processing, distribution or transmission component of the cable system, including cables, conduits, converters, splice boxes, cabinets, manholes, vaults, poles, equipment, drains, surface location markers, appurtenances, fiber, and related facilities maintained by grantee.
FCC
The Federal Communications Commission.
FRANCHISE
The rights granted to grantee under this Chapter to construct and operate the cable system and to provide Cable Services and other services as permitted under applicable law.
GRANTEE
GTC Video, Inc. and its permitted successors.
GROSS REVENUES
All revenue received by grantee from subscribers for the provision of basic and subscription Cable Service in the City. The term Gross Revenues shall not include franchise fees, advertising revenues, late fees, fees from other services, any fees itemized and passed through as a result of franchise imposed requirements, or any taxes or fees on services furnished by grantee imposed by any municipality, State or other governmental unit.
PERSON
Any person, firm, partnership, association, corporation, company, or other legal entity.
STREET
The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of — way now or later existing within the City.
SUBSCRIBER
Any person who lawfully receives cable service.
[Ord. No. 694 §2, 12-13-2005]
A. 
Grant Of Non-Exclusive Authority. The City grants to grantee the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over and under the streets, all facilities necessary or desirable for the construction, maintenance, and operation of the cable system. This franchise shall be non-exclusive, and the City may grant franchises to other persons. Any additional franchises shall contain the same substantive terms and conditions as this franchise. Grantee may use the cable system to deliver non-cable services as permitted by applicable law.
B. 
Rules Of Grantee. The grantee may promulgate rules, regulations, terms and conditions governing its business and services as reasonably necessary to enable grantee to exercise its rights and perform its obligation under this Chapter.
[Ord. No. 694 §3, 12-13-2005]
The franchise granted under this Chapter commences upon approval by the Board of Aldermen and acceptance by grantee and shall continue for fifteen (15) years, unless renewed, revoked or terminated sooner. So long as grantee remains in material compliance wit the provisions of this Chapter, grantee, at its option, may extend the term for an additional five (5) years by providing written notice to the City no more than twenty-four (24) months, but not less than twelve (12) months before expiration of the initial term.
[Ord. No. 694 §4, 12-13-2005]
A. 
Location Of Facilities. Grantee shall locate all facilities so as to minimize interference with the use of the streets and with the rights and reasonable convenience of adjacent property owners.
B. 
Construction Codes And Permits. Grantee shall obtain all necessary permits and comply with all ordinances of general applicability before commencing any construction, upgrade or extension of the cable system, including the opening or disturbance of any street.
C. 
Repair Of Streets And Property. Grantee, at its expense, shall promptly restore an street or public property damaged by grantee during the construction, repair, maintenance or reconstruction of the cable system.
D. 
Public Projects. After reasonable prior notice, grantee, at its expense, shall relocate its facilities as required by the City due to traffic conditions, public safety, street construction, or other public improvements by the City.
E. 
Building Movement. Upon request of any person holding a moving permit issued by the City and after reasonable prior notice, grantee shall temporarily move its facilities to permit the moving of buildings, grantee may require the requesting person to pay all costs related to the temporary relocation of facilities, and may require payment in advance.
F. 
Tree Trimming. Grantee may trim any trees in or overhanging the streets, alleys, sidewalks, or public easements of the City as necessary to protect grantee's facilities.
[Ord. No. 694 §5, 12-13-2005]
A. 
Technical Standards. Grantee shall operate the cable system in compliance with all applicable technical standards promulgated by the FCC.
B. 
Safety Requirements. Grantee shall employ ordinary care and shall maintain in use commonly accepted methods and devices to reduce failures and accidents.
C. 
System Maps. Upon request by the City, grantee shall make available to City representatives for review at grantee's office up to date as-built maps showing locations of all facilities in the streets.
D. 
System Maintenance. When feasible, grantee shall schedule cable system maintenance to minimize service interruptions.
[Ord. No. 694 §6, 12-13-2005]
Grantee shall provide cable services without discrimination to all persons who request such services and who comply with grantee's terms and conditions of service. Grantee shall extend the cable system to all areas o the City not currently served by the cable system when any such area reaches a household density equal to or greater than twenty (20) households per cable mile. Grantee is generally not obligated to extend service to residences beyond three hundred (300) feet from grantee's facilities. Isolated residences requiring more than a standard three hundred (300) foot aerial drop or underground line may be provided at a premium installation rate if such service has been requested by the resident. Grantee may request advanced payment for such installation before it is installed.
[Ord. No. 694 §7, 12-13-2005]
A. 
Subscriber Inquiries. Grantee shall have a publicly listed toll-free telephone number and be operated so as to receive subscriber complaints and requests during normal business hours. Grantee shall investigate and promptly resolve customer complaints regarding quality of service or service outages.
B. 
Rates. Grantee shall provide the City and subscribers with thirty (30) days written notice of changes to cable services or rates.
C. 
Office. Grantee shall maintain an office nearby the City, which shall be open during usual business hours 9:00 A.M. — 12:00 P.M. and 1:00 P.M. — 4:00 P.M. Monday to Friday.
[Ord. No. 694 §9, 12-13-2005]
Grantee shall pay to City an annual franchisee fee in an amount equal to three percent (3%) of gross revenues. For each year, grantee shall deliver the payment to the City within ninety (90) days after December thirty-first (31st). Following reasonable prior notice, the City may inspect grantee's books, records, and reports to verify franchise fee calculations and payments.
[Ord. No. 694 §10, 12-13-2005]
A. 
Insurance. During the term of the franchise granted under this Chapter, grantee shall maintain a comprehensive general liability insurance policy with the following minimum coverage limits:
1. 
$1,000,000.00 for personal injury or death;
2. 
$1,000,000.00 for property damage; and
3. 
$500,000.00 automobile insurance/combined bodily injury and property damage.
Each policy of insurance shall contain a statement that the insurer will not cancel the policy or fail to renew the policy for any reason without first giving thirty (30) days' advance written notice to the City.
B. 
Indemnification. During the term of the franchise granted under this Chapter, grantee shall indemnify and hold harmless the City, its officers, agents and employees ("indemnitees") from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorney fees) ("losses"), which may arise out of or be in any way connected with grantee's construction, installation, operation, maintenance of the cable system; unless such losses arise from the negligence or intentional misconduct of the City, its officers, agents or employees.
[Ord. No. 694 §11, 12-13-2005]
A. 
Grantee shall not transfer or assign its rights granted under this Chapter without providing prior written notice to the City. Prior notice shall not be required for the following:
1. 
The assignment of, or the granting of a security interest in, the franchise or the cable system for the purpose of securing indebtedness; or
2. 
The assignment or transfer of the franchise or the cable system to an affiliate under common ownership or control with grantee.
[Ord. No. 694 §12, 12-13-2005]
A. 
Extension. Beyond the term provided in Section 615.030, City and grantee may extend by mutual agreement the term of the franchise granted under this Chapter, and the existing terms and conditions of this Chapter shall govern the extended term.
B. 
Renewal. Any renewal of the grantee's franchise shall be done in accordance with Section 546 of the Federal Cable Act, 47 USC Section 546, and applicable FCC regulations.
[Ord. No. 694 §13, 12-13-2005]
A. 
The City may terminate the franchise granted under this Chapter in case of material non-compliance by grantee. Material non-compliance shall include:
1. 
A material violation by grantee of any term, condition, or provision of this Section that remains uncured within the applicable cure period;
2. 
Failure of grantee to comply with any reasonable provision of any applicable ordinance;
3. 
Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, or there is a notice of prospective foreclosure or other judicial sale of all or a substantial part of the cable system;
4. 
Grantee abandons the cable system;
5. 
Grantee fails to operate the cable system for a period of thirty (30) days; or
6. 
Grantee is found to practice any fraud upon the City.
[Ord. No. 694 §14, 12-13-2005]
A. 
If the City seeks to terminate the franchise under Section 615.130, the City shall follow the procedures in this Section.
1. 
Notice of complaint. The City shall provide grantee with written notice describing with reasonable specificity the alleged non-compliance.
2. 
Opportunity to cure. Grantee shall have sixty (60) days from receipt of written notice to cure the alleged non-compliance. If grantee cures the alleged non-compliance within the sixty (60) day period, the City shall provide grantee with written notice withdrawing the complaint.
3. 
Public hearing. If grantee fails to cure the alleged non-compliance within the sixty (60) day cure period, or if grantee provides the City with written notice disputing the complaint, Board and the parties fail to otherwise resolve the matter, the City shall schedule a public hearing on the alleged non-compliance. At the public hearing, grantee may present testimony, cross-examine witnesses and deliver to the Board of Aldermen all evidence relevant to grantee's defense. At the conclusion of the public hearing, the Board of Aldermen may dismiss the complaint, defer action, order appropriate sanctions, or terminate the franchise in accordance with this Section.
4. 
Termination. The Board of Aldermen may, after a duly noticed public hearing, terminate the franchise for material and willful continuing non-compliance by grantee. If grantee contests the termination in a court of competent jurisdiction, grantee may operate the cable system in accordance with this Chapter while the case is pending.
5. 
Force Majeure. Grantee's failure to comply with any provision of this Chapter shall not constitute non-compliance when the failure is due to circumstances beyond grantee's control, including, without limitation, acts of nature, adverse weather, natural or man-made disaster, civil disturbance, war or insurrection, or shortage of supplies, material, or labor.
6. 
Removal of facilities. Upon expiration or termination of the franchise, grantee shall be afforded a six (6) month period to sell or otherwise dispose of the cable system. During the six (6) month period, grantee shall operate the cable system in accordance with this Chapter. At the expiration of the six (6) month period, grantee has the right to remove its facilities within a reasonable time.
[Ord. No. 694 §15, 12-13-2005]
A. 
It shall be unlawful for any person without grantee's consent to willfully tamper with, remove or injure any of grantee's facilities.
B. 
It shall be unlawful for any person to make or use any unauthorized connection to any part of grantee's cable system.
C. 
Any person that violates this subsection regarding theft of service shall be guilty of a felony or misdemeanor, as provided for by V.A.M.S. Section 570.300 and punished by a fine and/or imprisonment as provided therein.
[Ord. No. 694 §16, 12-13-2005]
Notices under this Chapter shall be in writing and shall be deemed given delivery by hand delivery, certified mail return receipt requested, or overnight courier to the following addresses:
City of Granby
302 N Main St
Granby, MO 64844
Attn: City Clerk
Phone: 417-472-6556
Fax: 417-472-6533
GTC Video, Inc.
126 S Beaver Ave.
PO BOX 200
Granby, MO 64844
Attn: Cheri Johnson
Phone: (417) 472-6211
Fax: (417) 472-3600
With a copy to:
Cinnamon Mueller
307 North Michigan Ave., Suite 1020
Chicago, IL 60601
Attn: Nicole Paolini-Subramanya
Phone: (312) 372-3930
Fax: (312) 372-3939
A party may designate other addresses for providing notice by providing notice in writing of such addresses.