[Editor's Note: Former Ch. 615, Cable Communications, was repealed
12-21-2023 by Ord. No. 1278-23-13. Prior history includes Ord. No.
718.]
[Ord. No. 1278-23-13, 12-21-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in 47 U.S.C. § 522(5).
As defined in 47 U.S.C. § 522(7).
The City of Palmyra, Missouri, and all the territory within
its existing and future territorial corporate limits.
An initial authorization, or renewal of an authorization,
issued by a franchising entity, regardless of whether the authorization
is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, that authorizes the provision
of video service and any affiliated or subsidiary agreements related
to such authorization.
"Gross revenues" do not include:
Discounts, refunds, and other price adjustments that reduce
the amount of compensation received by an entity holding a video service
authorization;
Uncollectibles;
Late payment fees;
Amounts billed to video service subscribers to recover taxes,
fees, or surcharges imposed on video service subscribers or video
service providers in connection with the provision of video services,
including the video service provider fee authorized by this Section;
Fees or other contributions for PEG or I-Net support;
Charges for services other than video service that are aggregated
or bundled with amounts billed to video service subscribers, if the
entity holding a video service authorization reasonably can identify
such charges on books and records kept in the regular course of business
or by other reasonable means;
Rental of set top boxes, modems, or other equipment used to
provide or facilitate the provision of video service;
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; or
A pro rata portion of all revenue derived from advertising,
less refunds, rebates, or discounts.
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.
An individual, partnership, association, organization, corporation,
trust, or government entity.
The area of real property in which a political subdivision
has a dedicated or acquired right-of-way interest in the real property,
including the area on, below, or above the present and future streets,
alleys, avenues, roads, highways, parkways, or boulevards dedicated
or acquired as right-of-way and utility easements dedicated for compatible
uses. The term does not include the airwaves above a right-of-way
with regard to wireless telecommunications or other non-wire telecommunications
or broadcast service.
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station, as set
forth in 47 U.S.C. § 522(20).
The provision of video programming provided through wireline
facilities located at least in part in the public right-of-way without
regard to delivery technology, including internet protocol technology
whether provided as part of a tier, on demand, or a per-channel basis.
This definition includes cable service as defined by 47 U.S.C. § 522(6),
but does not include any video programming provided by a commercial
mobile service provider defined in 47 U.S.C. § 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 Public Service Commission
pursuant to Sections 67.2675 to 67.2714, RSMo., to offer video service
to subscribers in a political subdivision.
Wireline facilities, or any component thereof, located at
least in part in the public right-of-way 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 systems.
Any person that distributes video service through a video
service network pursuant to a video service authorization.
The fee imposed under Section 67.2689, RSMo.
[1]
State Law reference - Similar provision, Section 67.2677,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
A.
Any person seeking to commence providing video service within the
confines of the City shall have first filed an application for a video
service authorization covering the City with the Public Service Commission
and must have provide written notice to the City of its intent to
provide video service.
B.
No person shall commence providing video service or commence construction
of a video service network within the confines of the City until such
person has obtained a State-issued video service authorization.
[1]
State Law reference - Similar provision, Section 67.2679,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
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.
[1]
State Law reference - Similar provision, Section 67.2683,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
An entity holding a video service authorization shall provide
notice to the City at least ten (10) days before commencing video
service within the confines of the City.
[1]
State Law reference - Similar provision, Section 67.2687,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
A.
The City shall collect a video service provider fee based upon the
gross revenues charged to each customer of a video service provider
that is providing video service within the confines of the City. The
video service provider fee shall apply equally to all video service
providers within the City.
B.
Beginning April 1, 2024, the video provider fee shall be four and
one-half percent (4 1/2%) of such gross revenues. Beginning August
28, 2024, the video provider fee shall be four percent (4%) of such
gross revenues. Beginning August 28, 2025, the video provider fee
shall be three and one-half percent (3 1/2%) of such gross revenues.
Beginning August 28, 2026, the video provider fee shall be three percent
(3%) of such gross revenues. Beginning August 28, 2027, and continuing
thereafter, the video provider fee shall be two and one-half percent
(2 1/2%) of such gross revenues.
C.
The video service provider fee shall be paid to the City on or before
the last day of the month following the end of each calendar quarter.
Any payment made pursuant to Subsection 8 of Section 67.2703, RSMo.,
shall be made at the same time as the payment of the video service
provider fee.
D.
Any video service provider shall identify and collect the amount
of the video service provider fee and collect any support under Subsection
8 of Section 67.2703, RSMo., as separate line items on subscriber
bills.
[1]
State Law reference - Similar provision, Section 67.2689,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
A.
The City shall have the authority to audit any video service provider,
which provides video service to subscribers within the geographic
area of the City, not more than once per calendar year.
B.
A video service provider shall, upon request of the City, make available
at the location where such records are kept in the normal course of
business for inspection by the City all records pertaining to gross
revenues received from the provision of video services provided to
consumers located within the geographic area of the City.
C.
Any expenses incurred by the City in conducting an audit of an entity
holding a video service authorization shall be paid by the City.
D.
Any suit with respect to a dispute arising out of or relating to
the amount of the video service provider fee allegedly due to the
City under Section 67.2689, RSMo., shall be filed by the City, or
by a video service provider seeking a refund of an alleged overpayment,
in the Marion County Circuit Court within two (2) years following
the end of the quarter to which the disputed amount relates. Any payment
that is not challenged by the City within two (2) years after it is
paid or remitted shall be deemed accepted in full payment by the City.
E.
The City shall not employ, appoint, or retain any person or entity
for compensation that is dependent in any manner upon the outcome
of an audit of a holder of video service authorization, including,
without limitation, the audit findings or the recovery of fees or
other payment by the City. A person may not solicit or accept compensation
dependent in any manner upon the outcome of any such audit, including,
without limitation, the audit findings or the recovery of fees or
other payment by the City or video service provider.
F.
A video service provider shall not be required to retain financial
records associated with the payment of the video service provider
fee for longer than three (3) years following the end of the quarter
to which such payment relates, unless the City has commenced a dispute
regarding such payment in accordance with this Section.
[1]
State Law reference - Similar provision, Section 67.2691,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
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 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.
Upon ninety (90) days' notice, the City may require a video
service provider to adopt the following customer service requirements:
1.
The video service provider will maintain a local, toll-free
or collect call telephone access line which may be available to its
subscribers twenty-four (24) hours a day, seven (7) days a week;
2.
The video service provider shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours;
3.
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;
4.
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;
6.
Under normal operating conditions, the customer will receive
a busy signal less than three percent (3%) of the time;
7.
Customer service center and bill payment locations shall be
open at least during normal business hours and shall be conveniently
located;
8.
Under normal operating conditions, each of the following four
(4) 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" installations 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-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 which is
convenient for the customer;
10.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
C.
An agency of the State of Missouri shall not have the power to enact
or adopt customer service requirements specifically applicable to
the provision of video service.
D.
A video service provider shall implement an informal process for
handling inquiries from the City and customers concerning billing
issues, service issues, and other complaints. In the event 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.
E.
Each video service provider shall maintain a local or toll-free telephone
number for customer service contact.
F.
Complaints.
1.
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 the administrative hearing commission seeking an order revoking
the video service provider's franchise for that political subdivision.
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.
2.
The City shall not file a complaint seeking revocation unless
the video service provider has been given sixty (60) days' notice
by the City to cure alleged breaches, but has failed to do so.
[1]
State Law reference - Similar provision, Section 67.2692,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
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:
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.
[1]
State Law reference - Similar provision, Section 67.2695,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
A.
The City may require a video service provider providing video service
in the City to designate up to two (2) channels for non-commercial
public, educational, or governmental "PEG" use. 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 the date of enactment of Sections 67.2675 to 67.2714, RSMo.
B.
Any PEG channel designated pursuant to this Section that is not substantially utilized, as defined in Subsection (C) 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 City Council 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.
C.
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.
D.
Except as provided in this Section, the City may 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.
E.
The City must 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.
F.
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's or its duly appointed agent's
PEG access channel distribution points existing as of effective date
of enactment of Sections 67.2675 to 67.2714, RSMo. 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 Cities or other
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.
[1]
State Law reference - Similar provision, Section 67.2703,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
A.
A video service provider shall be subject to all reasonable police
power-based regulations of the City regarding the placement, screening,
and relocation of facilities, including, but not limited to:
1.
A video service provider shall provide landscaping to screen
the placement of cabinets or structures from public view consistent
with the location chosen.
2.
A video service provider shall contact the nearby property owners
to communicate what work will be done and when.
3.
A video service provider shall upon request of the City provide
alternate placement of facilities, when it is necessary to protect
the public right-of-way or the safety of the public. The City shall
be allowed to prescribe the time, method, and manner of such placement.
4.
A video service provider upon request of the City shall be required
to remove or relocate cabinets, at the expense of the video service
provider when necessary to accommodate construction, improvement,
or maintenance of streets or other public works, excluding minor beautification
projects.
B.
The City may not impose the following regulations on video service
providers:
1.
Require that particular business offices or portions of a video
service network be located in the City;
2.
Require approval of transfers of ownership or control of the
business or assets of a video service provider's business by
the City, except that the City may require that such entity maintain
current point-of-contact information and provide notice of a transfer
within a reasonable time; and
3.
Require provisioning of or quality of customer services, facilities,
equipment or goods in- kind for use by the City or any other video
service provider or public utility.
[1]
State Law reference - Similar provision, Section 67.2707,
RSMo.
[Ord. No. 1278-23-13, 12-21-2023]
Every holder of a video service authorization shall, with respect
to its construction practices and installation of equipment, comply
with all applicable sections of the National Electric Safety Code.
[1]
State Law reference - Similar provision, Section 67.2709,
RSMo.
