[Ord. No. 1681 §1(3.1), 12-17-2001; Ord. No. 1981 §1, 2-17-2004]
A. General Findings Regarding Cable Services. The City finds
that cable service has become an integral part of its citizens' lives,
and that evolving cable systems have the potential to play an even
more dramatic role in the future, providing great benefits and advanced
capabilities to residents of the City. At the same time, the rapidly
emerging role of cable systems as an integrated broadband communications
platform necessitates a finding that the local government has a legitimate
and vital role to play in regulating cable services in a manner that
ensures high quality customer service while at the same time fostering
competition to the extent permitted under law. The Board further finds
that the public convenience, safety and general welfare can best be
served by establishing regulatory powers that are vested in the City.
B. Unlawful To Operate Without A Franchise. It shall be unlawful for any person to construct, operate or maintain a cable system or to provide cable service or other competing multi-channel video services in the City without a franchise, unless otherwise specifically authorized under applicable Federal or State law. Consistent with Article
V any such person shall be subject to a fine of five hundred dollars ($500.00) per day. The payment of such fine notwithstanding, all such violators shall be subject to all other applicable provisions of this Code to the fullest extent allowed by law including, but not limited to, the payment of a franchise fee. This Section shall not apply to a grantee who has properly asserted its intent and is diligently pursuing renewal of the franchise pursuant to 47 USC Section 546.
C. Franchise Not Exclusive.
1. Any
franchise granted pursuant to this Chapter shall be non-exclusive.
The grantor specifically reserves the right to grant, at any time,
such additional franchises for a cable television system or any component
thereof to any other person including itself, as it deems appropriate,
subject to this Code and applicable Federal and State law.
2. The
terms and conditions of any cable franchises granted or renewed pursuant
to this Chapter shall be, when taken as a whole, no less burdensome
or more beneficial than any other cable franchises granted or renewed
pursuant to this Chapter, when taking into consideration the context
in which the earlier terms were adopted. Provided however, that nothing
herein shall be construed as requiring the use of identical terms
or conditions or limit the enforceability of conditions that are freely
negotiated.
3. Nothing
in this Subsection shall be deemed to create any cause of action or
claim of breach by any franchisee or third party.
D. Franchise Territory. Every cable franchise shall apply to
the entire territorial area of the City, as it exists now or may later
be configured.
E. Federal, State And City Jurisdiction.
1. This
Chapter and Code shall be construed in a manner consistent with all
applicable Federal and State laws.
2. In the
event that the Federal or State Government discontinues pre-emption
in any area of cable communications over which it currently exercises
jurisdiction in such manner as to expand rather than limit municipal
regulatory authority, City may, if it so elects, adopt rules and regulations
in these areas to the extent permitted by law and the reasonable exercise
of the City's Police powers. Unless otherwise provided by the Governing
Body for good cause, such rules and regulations shall be applicable
to grantee upon thirty (30) days' written notice and opportunity to
comment.
3. The
provisions of this Chapter and Code shall apply to all cable franchises
granted or renewed after or simultaneously with the effective date
of this Chapter. This Chapter and Code shall also apply to all existing
franchises to the extent not inconsistent with the terms of any such
franchise or applicable law and to the extent that it does not impose
additional material burdens on such grantee. A cable franchise (including
all of grantee's particular rights, powers, protections, privileges,
immunities and obligations associated therewith as the same exist
on the date hereof) shall constitute a legally binding contract between
the City and grantee and, as such, cannot be amended, modified or
changed by either the grantor or the grantee without the consent of
the other party in any manner whatsoever, whether by ordinance, rule,
regulation or otherwise, to impose on grantee more stringent or burdensome
requirements or conditions. In the event of any conflict between the
terms and conditions of a franchise and the provisions of this Chapter
or Code and other generally applicable regulatory ordinances of the
City, the specific terms of the franchise shall control; provided
however, that nothing herein contained shall preclude the City from
the proper exercise of its Police powers.
4. In the
event of a change in State or Federal law which by its terms would
require the City to amend this Chapter or Code, the parties shall
modify the existing franchise in a mutually agreed upon manner.
5. Nothing
in this Code shall be deemed to restrict the Governing Body from authorizing
a franchise having express requirements that differ from those established
by the Code; provided that such different requirements do not violate
applicable law.
F. Initial Franchise Applications. Any person desiring an initial
franchise for a cable system shall file an application with the City.
A non-refundable application fee as may be hereinafter established
by the City shall accompany the application, which shall not be considered
or credited against the collection of applicable franchise fees.
G. Consideration Of Initial Applications.
1. Upon
receipt of any application for an initial franchise, the City Administrator
shall prepare a report and make his/her recommendations respecting
such application to the Board of Aldermen.
2. A public
hearing shall be held prior to any initial franchise grant at a time
and date approved by the Board. Within thirty (30) days after the
close of the hearing, the Board shall make a decision based upon the
evidence received at the hearing as to whether or not the franchise(s)
should be granted and, if granted, subject to what conditions.
H. Franchise Renewal. Franchise renewals shall be in accordance
with applicable law including, but not necessarily limited to, the
Cable Communications Policy Act of 1984, as amended. The City and
a grantee, by mutual consent, may enter into renewal negotiations
at any time during the term of the franchise.
I. Permits For Non-Franchised Entities. The City may issue a license to a person other than the grantee to permit that person to traverse any portion of a grantee's franchise area within the City in order to provide cable service outside but not within the City. Such license or easement, absent a grant of a franchise in accordance with this Chapter, shall not authorize nor permit said person to provide cable service of any type to any home or place of business within the City. Such license shall be granted pursuant to the requirements of Article
II of this Chapter.
[Ord. No. 1681 §1(3.2), 12-17-2001; Ord. No. 1981 §1, 2-17-2004]
A. Cable System Design. Every grantee shall offer cable service
that meets the current and future cable-related needs of the City.
Such cable service shall, at a minimum, be comparable to cable services
offered by that grantee or its affiliates operating any head-end serving
the City and surrounding municipalities in St. Charles County. The
franchise shall incorporate a description of the grantee's cable system,
including the general design and capabilities of the cable system,
to identify for the City how the cable system will meet the current
and future cable needs of the City.
B. The Cable System. Every cable system shall pass by every
single-family dwelling unit and multiple-family dwelling unit within
the franchise area in accordance with line extension policies set
forth in this Chapter. Service shall be provided to subscribers in
accordance with the schedules and line extension policies specified
in this Chapter unless otherwise specified in the franchise.
C. Drops To Public Buildings.
1. Every
grantee shall provide installation of at least one (1) cable drop
and one (1) outlet, provide monthly basic cable service, without charge,
to public buildings specified by the City in the applicable franchise
where the drop does not exceed two hundred (200) feet. All accredited
K — 12 schools shall also receive one (1) cable drop and one
(1) outlet and basic cable service at no charge, subject to the above
two hundred (200) foot limit. The location of such cable drops and
outlets shall be determined in cooperation with the management of
the public building to which the connection is to be made. Following
the City's designation of additional public building(s) to receive
cable service, a grantee shall complete construction of the drop and
outlet within ninety (90) days if the City requests construction,
weather permitting and subject to payment of the direct incremental
costs of installation in excess of two hundred (200) feet. Drops and
outlets that are in addition to the one (1) free drop and outlet required
by this Section shall be provided by a grantee at the cost of grantee's
time and material. Alternatively, at an institution's request, the
institution may add outlets at its own expense, as long as such installation
meets the grantee's standards, which shall be made readily available
to any public entity upon request. Additional outlets and services
to public buildings are subject to the applicable commercial rate.
2. All
such cable service outlets shall not be utilized for commercial purposes.
The City shall take reasonable precautions to prevent any use of a
grantee's cable system in any inappropriate manner or that may result
in loss or damage to the cable system. Users of such outlets shall
hold the grantee harmless from any and all liability or claims arising
out of their use of such outlets, other than for those claims arising
out of improper installation or faulty equipment.
3. In instances
where the drop line from the feeder cable to the public building,
school or library exceeds two hundred (200) feet, the grantee may
charge for its direct incremental costs that are incurred in exceeding
this length.
D. School And Library Cable Modems. Unless otherwise specified
in the applicable franchise, upon activation and commercial offering
of two-way cable modem service within the franchise area, every grantee
shall provide upon written request a courtesy cable modern and cable
internet service without charge to every State accredited K —
12 school and library in the franchise area.
E. Use Of Grantee's Facilities. Subject to any applicable State
or Federal regulations, the City shall have the right to install and
maintain, free of charge, upon the poles and within the underground
pipes and conduits of a grantee, any wires and fixtures desired by
the City for public purposes. Provided, however, that:
1. Such
use by grantor does not unreasonably interfere with the current or
future use by grantee;
2. Such
use by grantor is restricted to non-commercial public purposes; and
3. Grantor
takes reasonable precautions to prevent any use of grantee's facilities
in any manner that results in an inappropriate use thereof or any
loss or damage to the cable system.
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For the purposes of this Subsection, "public purposes" includes, but is not limited to, the use of the structures and installations
for grantor, fire, Police, traffic, utility and/or signal systems
but not for cable system purposes in competition with the grantee.
The grantee shall not deduct the value of such use of its facilities
from its franchise fee and/or other fees payable to grantor.
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F. Upgrade Of System. Every grantee shall upgrade its cable
system, herein referred to as the "system upgrade", if required, as set forth in its respective franchise.
G. Emergency Alert Capability. Every grantee shall at all times
provide the system capabilities to comply with the FCC's Emergency
Alert System rules and regulations. Provided, that at a minimum these
capabilities will remain in place even if the FCC at some future dates
eliminates the current regulations.
H. Periodic Review. The franchise shall include provisions
to provide for a "periodic review" between the City and a grantee
to evaluate changes in law, technology or service and reasonable procedures
for mutually agreed upon modifications to the franchise to incorporate
changes identified as desirable or necessary as a result of any such
periodic review.
I. Closed Captioning And Descriptive Audio Service. Every grantee
will make audio descriptive service and closed captioning capabilities
available to the extent required by State and Federal law.
J. Standby Power. Within twelve (12) months of activation of
the system, the grantee shall provide standby power generating capacity
capable of providing at least twelve (12) hours of emergency supply
at the cable system head-end. For nodes, two (2) hours with emergency
power supply. Every grantee shall maintain standby power system supplies
throughout the major trunk cable networks capable of providing emergency
power within the standard limits of commercially available power supply
units.
K. Status Monitoring. Every grantee shall provide an automatic
status monitoring system, or a functional equivalent, when the cable
system has been activated for interactive service provided that such
status monitoring is technically and economically feasible.
L. HDTV/ATV Conversion. Conversion to High Definition Television/Advanced
Television (HDTV/ATV) formats shall occur in accordance with applicable
law.
M. Joint Trenching. In addition to other coordination requirements,
cable drops and extensions shall be constructed either simultaneous
ditching (joint trenching) with other utilities or included within
conduit facilities constructed as part of the street or related infrastructure
installations in new subdivisions or new construction. The City shall
review requests for exceptions to this requirement and may grant waivers
only on showing of good cause.
N. Location Of Above-Ground Facilities. Cable vaults, pedestals,
boxes and covers unless underground shall be installed within the
rear building lines unless otherwise approved by the City. Where joint
trenching has been waived by the City, the property owner's ground
that has been disturbed in the established subdivision will be promptly
restored and sodded by franchisee.
[Ord. No. 1681 §1(3.3), 12-17-2001]
A. Institutional Network, Access Channels.
1. Every
grantee shall, to the extent required in its franchise and subject
to applicable law, provide or fund on an equal basis with other cable
providers whose franchises are granted or renewed after the adoption
of this Code an institutional network that provides two-way broadband
voice, video and data capabilities for use by governmental, educational
and other publicly-funded or non-profit local community service organizations
identified by the City.
2. Every
grantee shall also provide a channel or channels, bandwidth capacity,
service and funding for separate public, educational and government
access channels as specified in their franchise. All such PEG access
channels shall be available to all subscribers as part of their basic
cable service. Given the on-going changes in the state of technology
as of the effective date of this Code, absent the express written
consent of the City, grantee shall transmit PEG access channels in
the format or technology utilized to transmit all of the channels
on the basic cable service tier. Oversight and administration of the
PEG access channels shall be set forth in the franchise.
B. Proof Of Performance Testing. To ensure high quality service on the institutional network and access channels, proof of performance testing throughout the system and on all channels will be made available to the City to the extent required in a franchise. Every grantee will monitor access channels throughout the cable system to determine the level of technical quality of access channels is in conformance with FCC rules and to ensure that the level of technical quality on such access channels is the same as on other channels within the cable system. In the event that a complaint is made by a programmer of any access channels, the grantee shall immediately investigate the complaint and determine whether the grantee is in compliance with the technical standards set forth in Section
630.370 of this Chapter.
[Ord. No. 1681 §1(3.4), 12-17-2001; Ord. No. 1981 §1, 2-17-2004]
A. General Technical Standards And Customer Service Practices.
1. This
Chapter incorporates cable service technical standards and establishes
customer service practices that every grantee must satisfy.
2. Every
grantee shall maintain such equipment and keep such records as required
to comply with all customer service and technical standards required
by these regulations and other applicable laws. The grantee shall
at all times assist and cooperate with grantor in explaining, interpreting
and understanding such records or reports.
B. Test And Compliance Procedure. Tests for a cable system
shall be performed periodically in a manner so as to conform with
FCC specifications. The tests may be witnessed by representatives
of the City and written test reports shall be made available to the
City upon request. If any test locations fail to meet the performance
standards, the grantee shall be required to indicate what corrective
measures have been taken and shall have the site retested.
C. Cable System Office Hours And Telephone Availability.
1. Every
grantee shall maintain a conveniently located customer service center
which shall include a place where subscribers may pay their bills,
pick up and return converter boxes and comparable items, and receive
information on the grantee and its services. Such service center shall
be open at least during normal business hours. Grantee shall also
maintain a publicly listed toll-free or local telephone line that
is available to subscribers twenty-four (24) hours a day, seven (7)
days a week.
2. Every
grantee shall have trained company representatives available to respond
to subscriber telephone inquiries during normal business hours.
3. After
normal business hours, the telephone access line may be answered by
a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be responded
to by a trained representative on the next business day.
4. Under
normal operating conditions, telephone answer time by a trained customer
service representative or automated response unit, including wait
time, shall not exceed thirty (30) seconds when the connection is
made. If a call must be transferred, transfer time shall not exceed
thirty (30) seconds. Under normal operating conditions, these standards
shall be met no less then ninety percent (90%) of the time measured
on a quarterly basis.
5. Under
normal operating conditions, a grantee shall establish an inbound
telephone system upon which subscribers shall not receive a busy signal
more than three percent (3%) of the time.
6. A grantee
will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards above unless an
historical record of complaints indicates a clear failure to comply.
D. Service Calls And Installations. Under normal operating
conditions, each of the following standards must be met no less than
ninety-five percent (95%) of the time as measured on a quarterly basis:
1. Standard
installations will 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. The
appointment window alternatives for installations, service calls,
and other installation activities will be either a specific time or
within a maximum four (4) hour time block during normal business hours.
The grantee may schedule service calls and other installation activities
outside of normal business hours for the express convenience of a
subscriber, if so requested.
3. A grantee
may not cancel an appointment with a subscriber after the close of
business on the business day prior to the scheduled appointment.
4. If a
grantee's representative is running late for an appointment with a
subscriber and will not be able to keep the appointment as scheduled,
the subscriber must be contacted. The appointment must be rescheduled,
as necessary, at a time which is convenient for the subscriber.
E. Repairs And Interruptions.
1. Under
normal operating conditions and excluding conditions beyond the control
of a grantee, every grantee will begin working on service interruptions
and outages within a reasonable time frame but in no event later than
twenty-four (24) hours after the service interruption or outage becomes
known. The grantee must begin actions to correct other service problems
on the business day following notification of such service problems.
2. The
term "service interruption" means the loss of picture
or sound on one (1) or more cable channels or cable internet service
connectivity.
3. Work
on requests for service, excluding conditions beyond the control of
a grantee, must begin by the next business day after notification
of the problem and shall exercise all due diligence to complete the
work in the shortest period of time possible.
4. Outside
repairs to cable plant, which cannot be made by the initial service
technician dispatched, shall under normal operating conditions be
rescheduled within twenty-four (24) hours of the originally scheduled
service call. The subscriber does not need to be home for outside
plant and line repairs.
5. A grantee
may interrupt service only for good cause and for the shortest time
reasonably possible, including interruption for system upgrade, maintenance
and repair. Subject to the reasonable safety precautions for the benefit
of the grantee's employees and agents, routine maintenance shall occur
at times that affect the fewest number of subscribers, generally between
12:00 A.M. and 6:00 A.M. To the extent that specific neighborhoods
will be affected by a planned outage, such as during an upgrade, the
grantee shall provide advance notice through telephone calls, door
hangers and/or other reasonable means.
6. A grantee
shall provide a credit equivalent to a pro rata of the monthly cable
rate for each service interruption exceeding four (4) hours in any
twenty-four (24) hour period unless it is demonstrated that the subscriber
caused the outage, or the outage was planned as part of an upgrade
or other work that occurred between the hours of 12:00 A.M. and 6:00
A.M. of which the City and the subscriber received appropriate prior
notification. A subscriber is entitled to a full refund for any cable
system or disruption to a pay-per-view event. These credits and refunds
shall be made available upon request by subscriber describing the
time, date and nature of the disruption experienced.
7. Technicians
capable of performing service-related emergency repairs and maintenance
must be available twenty-four (24) hours a day, including weekends
and holidays.
8. No charge
shall be made to a subscriber for any service call relating to grantee
owned and grantee maintained equipment after the initial installation
of cable service unless the problem giving rise to the service request
can be demonstrated by grantee to have been:
a. Caused
by the negligence or malicious destruction of cable equipment by the
subscriber; or
b. A
problem established as having been non-cable system or cable service
in origin.
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A grantee may also assess a service charge for repeat service
calls to the same address in instances where the problem was not caused
by the grantee.
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9. Cable
drop lines, cable trunk lines or any other type of outside wiring
that comprise part of a grantee's cable system that are located underground
shall be placed in such locations pursuant to City Code, and the surrounding
ground shall be restored as close as is practical to its condition
immediately prior to such underground construction activity within
a reasonable period of time after connection to the cable system.
Except for a grantee's maintenance facilities, no cable drop line,
cable trunk line or any other type of outside wiring shall be permitted
to lay upon the ground for an unreasonable period of time within the
City except for the express purpose of being immediately connected
to the cable system of grantee. The requirements of this Subsection
shall apply to all installation, reinstallation, service or repair
commenced by a grantee within the City during normal operating conditions.
F. Disconnections And Downgrades.
1. If any
subscriber fails to pay a properly due monthly subscriber fee or any
other properly due fee or charge, the grantee may disconnect the subscriber's
outlet; provided however, that such disconnection shall not be effected
until after the later of:
a. Thirty
(30) days after the due date of said delinquent fee or charge; or
b. Fifteen
(15) days after delivery to subscriber of written notice of the intent
to disconnect.
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If a subscriber pays before expiration of the later of (a) or
(b), the grantee shall not disconnect. Provided however, that this
Section does not apply to subscribers disconnected as a result of
insufficient funds.
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2. No subscriber
may be disconnected without prior written notice.
3. No subscriber
may be disconnected for non-payment if payment of outstanding balances
is made before the scheduled date for disconnection, up to and including
the last business day before the scheduled disconnection.
4. No subscriber
may be disconnected due to a grantee's failure to timely or correctly
post payments.
5. No subscriber
may be disconnected outside of normal business hours or on Sundays
or holidays.
6. Absent
extenuating circumstances, a grantee is not required to reconnect
a subscriber with an undisputed outstanding balance.
7. A grantee
is permitted to refuse orders for premium or "pay-per-view" services
from subscribers with a record of non-payment.
8. A grantee
may disconnect subscriber premises that are responsible for signal
leakage in excess of applicable Federal limits. A grantee may effectuate
such disconnection without advance notice, provided that a grantee
shall immediately notify the subscriber with door tags and/or telephone
calls or other reasonable means. If the source of the signal leakage
is remedied and the subscriber was not the cause of such leakage,
the grantee shall reconnect the subscriber at no charge. If the subscriber
was the cause of the signal leakage, the grantee may charge a reasonable
reconnection fee. For purposes of this Section, use of FCC-approved
navigation devices does not in and of itself constitute subscriber
caused signal leakage.
9. Subscribers
may request disconnection or a downgrade of cable service at any time.
A grantee may not impose any charge for service delivered after the
requested date of disconnection. As provided under Federal law, subscribers
may request a downgrade at no charge if made within thirty (30) days
of a rate increase.
10. Nothing
in this Chapter or Code shall limit the right of a grantee to deny
cable service to any household or individual which has a negative
credit or cable service history with the grantee, which may include
non-payment of bills, theft or damage to the grantee's equipment,
outstanding balances, or threats or assaults on employees of the grantee
in the course of their employment. In the event cable service is denied,
the grantee will give notice to the subscriber of the right to contact
the appropriate authority as designated by the City.
G. Communications Between Grantee And Subscribers.
1. Notifications to subscribers.
a. Every
grantee shall provide written information to subscribers on each of
the following topics at the time of installation, at least annually
to all subscribers, and at any time upon request of a subscriber:
(1) Product and services offered;
(2) Prices and options for programming services and conditions of subscription
to programming and other services and facilities.
(3) Installation and service maintenance policies;
(4) Instructions on how to use services;
(5) Channel positions of programming offered on a system; and
(6) Billing and complaint procedures, including the name, address and
telephone number of the City.
b. Subscribers
will be given thirty (30) days' advance notice of any changes in rates,
programming services or channel positions if the change is within
the control of the grantee. All such notice shall be provided in writing
by any reasonable means. In addition, the grantee shall notify subscribers
thirty (30) days in advance of any significant changes in other information
required by this Section. Notwithstanding the foregoing or any provision
of this franchise to the contrary, a grantee shall not be required
to provide prior notice of any rate change that is the result of a
regulatory fee, franchise fee or any other fee, tax assessment or
change of any kind imposed by any government entity on the transaction
between the grantee and the subscriber.
2. Billing.
a. Bills
must be clear, concise and understandable. Bills must be fully itemized
including, but not limited to, basic and premium service charges and
equipment charges.
b. Bills
must clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
c. In
case of a billing dispute, a grantee must respond to a written complaint
from a subscriber within thirty (30) calendar days.
d. Credits
for service shall be issued no later than the subscriber's next billing
cycle after determination that the credit is warranted.
3. Late charges. A grantee may impose a monthly fee for any
delinquent balance owed by a subscriber, subject to the following:
a. At
least ten (10) days before the date the fee is imposed, the subscriber
shall be given written notice, on the face of the bill or by separate
notice, of:
(1) The date after which the fee will be imposed if the balance is not
paid; and
(2) The amount of the fee that will be imposed.
b. The
fee for the delinquent payment shall not exceed five percent (5%)
of the amount of the delinquent balance per month or five dollars
($5.00) per month, whichever is greater.
4. Refunds. Refund checks will be issued promptly, but no later
than either:
a. The
subscriber's next billing cycle following resolution of the request
or thirty (30) days, whichever is earlier; or
b. The
return of equipment supplied by the grantee if cable services are
terminated.
H. Complaint Log. Subject to the privacy provisions of 47 U.S.C.
Section 521 et seq., every grantee shall prepare and maintain written
records of all complaints made to them and the resolution of such
complaints, including the date of such resolution. Such written records
shall be on file at the office of grantee. A grantee shall make available
to grantor a written summary of such complaints and their resolution
upon request.
I. Parental Control. Every grantee shall make available to
any subscriber upon request a "lockout" device for blocking both video
and audio portions of any channel(s) of programming entering the subscriber's
premises. Such device shall be provided at a reasonable charge, except
to the extent that Federal law specifically provides otherwise. A
grantee may, however, require a reasonable security deposit for the
use of such a device.
J. Service Area.
1. A grantee
may not discriminate in the build-out of its cable system to a particular
area of the City or provision of cable service to individual or groups
of residents on the basis of race, creed, religion or economic condition.
A grantee shall serve all areas of the City with populations of at
least twenty (20) dwelling units per cable mile, including areas annexed
subsequent to the grant of the franchise.
2. Line extension requirements.
a. For
areas within the City limits but outside the franchise area, including
areas annexed after the effective date of its franchise, a franchisee
shall extend its trunk and distribution system to serve households
desiring service without any construction charge (other than standard
connection and drop charges as authorized herein), unless the franchisee
demonstrates to the Governing Body's satisfaction evidenced by written
decision that circumstances justify a specific charge, where (1) the
new subscriber requesting service is located within one hundred twenty-five
(125) feet from the termination of the cable system, or (2) the number
of potential subscribers to be passed by such extension is equal to
or greater than twenty (20) potential households per cable mile, or
portion thereof, measured from any point on the system.
b. In
circumstances where the factors requiring line extension do not exist
as set forth in the foregoing paragraph, the franchisee shall on the
request of the Governing Body extend its cable system based upon the
following cost sharing formula. The franchisee shall contribute an
amount equal to the construction costs per mile multiplied by the
length of the extension in miles, multiplied by a fraction where the
numerator equals the number of potential households per mile at the
time of the request and the denominator equals twenty (20). Households
requesting service as of the completion of construction can be required
to bear the remainder of the total construction costs on a pro rata
basis.
c. The "construction costs" are defined as the actual turnkey cost
to construct the entire extension including lines, materials, electronics,
pole make-ready charges and labor, but not the cost of drops except
as provided below. If the franchisee proposes to require a household
requesting extension to make a contribution in aid of extension, it
must (1) notify the Governing Body in advance; (2) send the Governing
Body a copy of the invoice showing the amount actually charged each
household requesting extension; and (3) within thirty (30) days of
completion of the extension, furnish proof of the total cost of the
extension and make any appropriate refunds if the total cost is less
than the amounts charged in advance of construction. At the end of
each calendar year, the franchisee must calculate the amount any contributing
person would have paid based on the number of persons served at that
time and pay back the difference between the amount which would then
be owed. The franchisee shall report such calculations and refunds
to the Governing Body by the end of January of the following year.
d. Except
as Federal rate regulations may otherwise require, the franchisee
shall not assess any additional cost for service drops of one hundred
twenty-five (125) feet or less unless the franchisee demonstrates
to the Governing Body's satisfaction, evidenced by written decision,
that circumstances justify a specific charge. Where a drop exceeds
one hundred twenty-five (125) feet in length, a franchisee may charge
the subscriber for the difference between franchisee's actual costs
associated with installing a one hundred twenty-five (125) foot drop
and the franchisee's actual cost of installing the longer drop, provided
that drop length shall be the shorter of (1) the actual length of
installed drop, or (2) the shortest practicable distance to the point
where the franchisee would be required to extend its distribution
system.
e. Except
as Federal regulations may otherwise require or otherwise approved
by the City, all cables and wires shall be installed underground parallel
to other utilities where such easements or space is available for
use by the franchisee.
f. A
franchisee must extend service to any person who requests it (1) within
seven (7) days of the request within the franchise area or where service
can be provided by activating or installing a drop within one hundred
twenty-five (125) feet of the existing distribution system; (2) within
thirty (30) days of the request for service outside the franchise
area where an extension of one-half (½) mile or less (but more
than one hundred twenty-five (125) feet) is required; or (3) within
six (6) months for service outside the franchise area where an extension
of one-half (½) mile or more is required.
g. Because
existing conditions can vary dramatically, franchisee may at its discretion
require commercial customers to pay all reasonable costs of connection
(including time and materials) in excess of the average cost of connection
for residential services.
3. Newly annexed areas. In such cases where mandatory extension
of the cable system is required for areas newly annexed after the
effective date of the franchise, but the technical capabilities of
the then-existing cable system are such that the minimum technical
performance standards required by this franchise or the FCC cannot
be met, then the grantee shall be required to make such extension
only if the grantee can earn a fair return (as measured by the grantee's
weighted average cost of capital) on the incremental investment required
combined with the overall investment base of the cable system within
the boundaries of the franchise area.
4. Special agreements. Nothing herein shall be construed to
prevent a grantee from serving areas not covered under this Section
upon agreement with developers, property owners or residents.
K. Customer Service Reporting Requirements. The City may require
upon reasonable request that a grantee periodically prepare and furnish
to City annual reports and any other reasonable information relevant
to the grantee's compliance with the customer service requirements
of this Chapter measured on a quarterly basis.
L. Cable Channels For Commercial Use, Local Commercial Television Signals
And Non-Commercial Educational Television. A franchisee shall
designate channel capacity for commercial and non-commercial use by
persons unaffiliated with the franchisee as required by Federal law,
consistent with the principles of fairness and equal accessibility
to all persons and the City to the extent they have a legitimate use
for such capacity.
M. Technical Standards.
1. Any
cable system within the City shall meet or exceed the technical standards
set forth in 47 C.F.R. Section 76.601 et seq., and any other applicable
Federal technical standards, including any such reasonable standards
as hereafter may be amended or adopted by the Governing Body in a
manner consistent with Federal law.
2. A franchisee
shall use equipment generally used in high-quality, reliable, modern
systems of similar design, including, but not limited to, back-up
power supplies at the outside plant capable of providing power to
the system for a minimum of two (2) hours in the event of an electrical
outage, plus adequate portable generators to cover longer outages.
N. Interconnection.
1. A franchisee
shall design its system so that it may be interconnected with any
or all other systems or similar communications systems in the area.
Interconnection of systems may be made by direct cable connection,
microwave link, satellite or other appropriate methods.
2. Upon
receiving the directive of the Governing Body to interconnect, the
franchisee shall immediately initiate negotiations with the other
affected system or systems so that costs may be shared proportionately
for both construction and operation of the interconnection link.
3. The
Governing Body may in writing grant reasonable extensions of time
to interconnect or rescind its request to interconnect upon its own
initiative or upon petition by the franchisee to the Governing Body.
The Governing Body shall rescind the request if it finds that the
franchisee has negotiated in good faith and the cost of interconnection
would cause unreasonable increases in subscriber rates.
4. No interconnections
shall take place without prior written approval of the Governing Body.
A franchisee seeking approval for interconnection shall demonstrate
that all signals to be interconnected will comply with FCC technical
standards for all classes of signals and will result in no more than
a low level of distortion.
5. The
franchisee shall cooperate with any interconnection corporation, regional
interconnection authority or State or Federal regulatory agency which
may be established for the purpose of regulating, facilitating, financing
or otherwise providing for the interconnection of communications systems
beyond the boundaries of the City.
O. Integration Of Advancements In Technology. A franchise agreement
may require a franchisee to periodically upgrade its cable system
to integrate advancements in technology as may be necessary to meet
the needs and interests of the community in light of the costs thereof
and/or to submit periodic reports on cable technology and competition
to the City.
P. System Design Review Process. In addition to any requirements
included in a franchise agreement, at least sixty (60) days prior
to the date construction of any rebuild or major extension is scheduled
to commence, the franchisee shall provide the City with notice that
a detailed system design and construction plan is available for review
by the City at a specific office of the franchisee located in the
metropolitan St. Louis area, which shall include at least the following
elements:
1. Design
type, trunk and feeder design and number and location of hubs or nodes.
2. Distribution
system — cable, fiber and equipment to be used.
4. Longest
amplifier cascade in system (number of amplifiers, number of miles,
type of cable/fiber).
5. Design
maps and tree trunk maps for the system. The system design will be
shown on maps of industry standard scale using standard symbols and
shall depict all electronic and physical features of the cable plant.
The City may review the plan and, within thirty (30) days of the date
the plan is made available for City review, submit comments to the
franchisee. Within fifteen (15) days of receipt of the comments, the
franchisee shall notify the City that a revised plan is available
for review by the City at a specific office located in the metropolitan
St. Louis area, either incorporating the comments or explaining why
the comments were not included. The City's review does not excuse
any non-performance under a franchise agreement, this Code or other
applicable law.
Q. Emergency Alert System. A franchisee shall comply with 47
U.S.C. Section 544(g) and all regulations issued pursuant thereto.
[Ord. No. 1681 §1(3.5), 12-17-2001; Ord. No. 1981 §1, 2-17-2004]
A. Open Books And Records. Every grantee shall cooperate with
the City with respect to City's administration of this Chapter and
Code and any applicable franchise granted pursuant to it. Subject
to the privacy provisions of the Cable Act, City shall have the right
to inspect, upon three (3) business days' notice, during normal business
hours, all books, records, maps, plans, financial statements, service
complaint logs, performance test results and other existing like materials
of a grantee that relate to the operation of the grantee's cable system
and that are reasonably necessary to grantor's enforcement or administration
of this Code or the grantee's franchise. A grantee shall not be required
to maintain any books or records for franchise compliance purposes
longer than three (3) years, except that financial records necessary
to demonstrate compliance with the required cable franchise fee payments
shall be kept for five (5) years. Upon request, the City will treat
designated information disclosed by a grantee as confidential to the
extent permissible under State and Federal law. All such review of
a grantee's books and records shall be performed by an independent
party if the City itself enters into the business as a competitor.
B. Communications With Regulatory Agencies. Copies of all petitions,
applications, communications and reports submitted by a grantee to
the FCC, Securities and Exchange Commission or any other Federal or
State regulatory commission or agency having jurisdiction in respect
to any matters directly affecting the cable system operations shall
be made available contemporaneously to the City upon request. Copies
of responses from the above regulatory agencies to a grantee likewise
shall be made available promptly to the City upon request. If the
City is specifically named in any such pleading or response, the City
shall automatically be furnished a copy.
C. Annual Reports.
1. Upon
request, a grantee shall make available to City, within ninety (90)
days of the end of each of the applicable grantee's fiscal years during
the term of this franchise, the following:
a. A
revenue statement certified by a representative of the grantee showing
the gross revenues of the grantee for the preceding fiscal year;
b. A
current list of names and addresses of each officer and director and
other management personnel of the grantee;
c. A
copy of all documents that relate directly to the grantee's cable
system that were filed with any Federal, State or local agencies during
the preceding fiscal year and that were not previously filed with
the City;
d. A
statement of the grantee's current billing practices and charges;
e. A
copy, if any, of the grantee's current subscriber service contract;
and
f. A
copy of annual reports to stockholders, if any, for operating company
and parent company.
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All of the above information shall not be required annually
unless there is a change after the first (1st) filing.
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2. City
and its agents and representatives shall have authority to arrange
for and conduct an audit during normal business hours of the books
and records of grantee that are reasonably necessary for the enforcement
of a franchise. A grantee shall first be given thirty (30) days' notice
of the audit, the description of and purpose for the audit, and a
description, to the best of City's ability, of the books, records
and documents that City wants to review. The costs and expense of
such audit shall be borne by the grantee if the audit reveals a discrepancy
of two percent (2%) or more from the information related to the City.
3. Any
review or audit of a grantee's books and records shall be performed
by an independent party if the City itself enters into the business
as a competitor to provide cable services.
D. Additional Reports And Assistance. Upon request of the City,
a grantee shall add additional reports to the index which are reasonably
necessary to the City's proper enforcement of this Chapter, Code or
franchise. The City shall require such reports only through passage
of a formal resolution of the City. In addition, upon request, a grantee
shall cooperate and assist the City in interpreting and understanding
any report required under this Chapter, Code or its franchise, including
through the provision of explanatory graphs and/or charts.
E. Service Contract And Subscriber Information.
1. A grantee
shall have authority to promulgate such rules, regulations, terms
and conditions governing the conduct of its business as shall be reasonably
necessary to enable the grantee to exercise its rights and perform
its obligations under this Chapter and its franchise and to assure
uninterrupted cable service to all of its subscribers; provided such
rules, regulations, terms and conditions shall not be in conflict
with the provisions of this Code, Federal, State and/or local law
or any applicable rules and regulations.
2. Upon
request, a grantee shall submit to City any subscriber contract form
that it utilizes. If no written contract exists, a grantee shall file
with the City a document completely and concisely stating the terms
of the residential subscriber contract offered, specifically including
the length of the subscriber contract. The length and terms of any
subscriber contract shall be available for public inspection during
normal business hours.
[Ord. No. 1681 §1(3.6), 12-17-2001; Ord. No. 1981 §1, 2-17-2004]
A. Cable Franchise Fee.
1. As compensation
for grant of a franchise and in consideration of permission to use
the rights-of-way of the City for the construction, operation, maintenance
and reconstruction of a cable system and to defray the costs of franchise
obligations, every grantee shall pay to the City on a quarterly basis
throughout the term of its franchise a sum totaling five percent (5%)
of the grantee's gross revenues.
2. To the
extent grantee markets "bundled" services, including combinations
of services that may be subject to an agreement and also a cable services
franchise, grantee shall fairly reflect to the City an appropriate
and reasonable division of services among the various services offered
based on the actual value of each separate service. Whether or not
a grantee separates services on a subscriber's bill, it will provide
to the City the amounts upon which it will pay the communications
service use fee and any other applicable taxes or fees based on the
provision of communications service and the amounts upon which it
will pay the cable service franchise fee. Should a grantee engage
in billing practices that, in the determination of the City, do not
fairly reflect an appropriate split of communications services and
cable television services, the City will notify the grantee in writing
of its determination. The parties will meet and discuss in good faith
whether the billing practices result in an unfair payment of fees
to the City. If the parties do not agree on an appropriate method
of determining which charges are subject to communications service
use fees and which are subject to the cable service franchise fee,
the parties may subject the dispute to arbitration or may resort to
other methods of dispute resolution, including litigation. Fees or
taxes which are not paid on the appropriate division of bundled services
receipts, when ultimately paid, will be subject to all interest and
penalties provided by the applicable agreements. If grantee holds
a communication services agreement, any fee that could be lawfully
attributed to gross revenue or alternatively "gross receipts" under
this Code shall be deemed to be subject to the higher fee.
3. Payments
due City under this Section shall be computed quarterly, for the preceding
quarter, as of March thirty-first (31st), June thirtieth (30th), September
thirtieth (30th) and December thirty-first (31st). Each quarterly
payment shall be due and payable no later than thirty (30) days after
the dates listed in the previous sentence. Each payment shall be accompanied
by a brief report by the grantee showing the basis for the computation
and a "franchise fee worksheet" listing all of the sources of revenues
attributable to the operation of the grantee's system.
4. Should
any additional monies be due to the City as a result of information
contained in the annual financial report of a grantee or by audit
as permitted by this Chapter, the grantee shall pay such additional
monies to the City within sixty (60) days after receipt of notice
of same from the City.
5. In the
event that any of the quarterly franchise fee payments are not timely
made, a grantee shall also pay the City interest thereon at the then
current prime rate. Said interest to be applied commencing with the
thirtieth (30th) day after the end of the quarter and continuing until
all such overdue sums, including interest, are paid.
6. No acceptance
of any payment shall be construed as an accord that the amount paid
is in fact the correct amount, nor shall such acceptance of payment
be construed as a release of any claim the City may have for further
sums payable under the provisions of this Chapter, Code or applicable
franchise. All amounts paid shall be subject to audit and recomputation
by the City or its designee at any time upon reasonable notice and
specification of the documents requested to be reviewed. City's right
to audit, and the grantee's obligations to retain records related
to the franchise fee audit, shall expire five (5) years from the date
on which each franchise fee payment by the grantee is due.
7. The
franchise fee does not include any tax, fee or assessment of general
applicability (including any such tax, fee or assessment which is
unduly discriminatory against cable operators or cable subscribers.
B. Security Fund. Each grantee may be required to maintain
a security fund with the City to ensure compliance with this Chapter,
Code and applicable franchise in an amount and in a manner as set
forth in the grantee's franchise.
C. Bonds, Indemnification And Insurance. Each grantee shall maintain bonds and insurance with the City in amounts and in a manner as set forth in the grantee's franchise. Each grantee also shall be required to indemnify the City in a manner as set forth in Article
I and in the grantee's franchise.
D. Remedies And Enforcement Procedure.
1. Whenever
the City has reason to believe that a grantee has violated any provision
of this Code or its franchise, including the customer service and
telephone availability requirements, the City shall first notify the
grantee in writing of the violation and demand correction within a
reasonable time, which shall not be less than thirty (30) days. If
the grantee fails to demonstrate to the reasonable satisfaction of
the City that no violation exists, or if the grantee fails to correct
the violation within the time prescribed, or if the grantee is unable
to correct the violation and fails to commence corrective action within
the time prescribed and to diligently remedy such violation thereafter,
the grantee shall then be given written notice of not less than thirty
(30) days of a public hearing to be held before the Board of Aldermen.
Said notice shall indicate with reasonable specificity the violation
alleged to have occurred. This procedure shall apply to all alleged
Code or franchise violations, including those in which grounds for
revocation are considered.
2. At the
public hearing, the Board of Aldermen shall hear and consider all
relevant evidence and thereafter render findings and a decision based
upon the evidence.
3. In the
event the City finds that the grantee has corrected the violation
or promptly commenced correction of such violation after notice thereof
from the City and is diligently proceeding to fully remedy the violation,
or that no violation has occurred, the proceedings shall terminate
and no penalty or other sanction shall be imposed.
4. In the
event the City finds that a violation exists and that the grantee
has not corrected the same in a satisfactory manner or did not promptly
commence and diligently proceed to correct the violation, the City
may impose penalties and/or liquidated damages from the security fund,
as follows:
a. For
system construction schedule violations including, but not limited
to, provisions relating to initial construction schedules and system
upgrade construction schedule, five hundred dollars ($500.00) per
day of non-compliance;
b. For
all other violations, two hundred fifty dollars ($250.00) per day
per violation.
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The City shall provide the grantee with written notice of its
decision together with a written finding of fact explaining the basis
for such a decision.
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5. If the
City elects to assess penalties or liquidated damages, then such election
shall constitute the City's exclusive remedy for a period of sixty
(60) days. Thereafter, if the grantee remains in non-compliance, the
City may pursue any other available remedy, including franchise revocation.
6. In the
event that a franchise is cancelled or terminated by reason of the
default of the grantee, the security fund deposited pursuant to the
franchise shall remain in effect and available to the City until all
pending claims or penalties are resolved or settled, after which point
any remaining amounts in the security fund shall revert to the possession
of the grantee.
7. The
rights reserved to the City with respect to the security fund are
in addition to all other rights of City, whether reserved by this
Code, applicable franchise, or authorized by law, and no action, proceeding
or exercise of a right with respect to such security fund shall affect
any other right City may have.
8. The
foregoing provisions shall not be deemed to preclude the City from
obtaining any other available remedies for repeated violations of
the same general type, whether remedied or not.
E. Grounds For Revocation. In addition to any rights in this
Code or applicable franchise, the City reserves the right to utilize
the above-described enforcement procedure to revoke a franchise, and
all rights and privileges pertaining thereto, in the event that any
of the following occur, and the City and a grantee are not able to
mutually agree upon a cure or alternate remedy:
1. The
grantee substantially violates any material provision of this Code
or its franchise;
2. The
grantee practices an act of fraud or deceit upon the City; or
3. The
grantee becomes insolvent or is adjudged bankrupt; provided than any
remedy imposed pursuant to this Subsection shall not conflict with
the requirements of the Federal Bankruptcy Code or other applicable
law.
F. Right Of Appeal.
1. Upon
the imposition of a penalty or revocation decision, a grantee shall
have a period of one hundred twenty (120) days subsequent to the date
of the formal adoption of the decision by the Board of Aldermen within
which to file an appeal with a court of competent jurisdiction.
2. During
any such appeal period, the franchise shall remain in full force and
effect.
[Ord. No. 1681 §1(3.7), 12-17-2001]
A. Foreclosure. Upon the foreclosure or other judicial sale
of all or a part of the cable system, or upon the termination of any
lease covering all or part of the cable system, a grantee shall notify
the City of such fact and such notification shall be treated as a
notification that a change in control of the grantee has taken place,
and the provisions of this Code governing the consent to transfer
or change in ownership shall apply without regard to how such transfer
or change in ownership occurred.
B. Receivership. The City shall have the right to cancel a
franchise one hundred twenty (120) days after the appointment of a
receiver or trustee to take over and conduct the business of a grantee,
whether in receivership, reorganization, bankruptcy or other action
or proceeding, unless such receivership or trusteeship shall have
been vacated prior to the expiration of said one hundred twenty (120)
days, or unless:
1. Within
one hundred twenty (120) days after its election or appointment, the
receiver or trustee has fully complied with all the provisions of
the franchise and remedied all defaults thereunder; and
2. Such
receiver or trustee, within said one hundred twenty (120) days, has
executed an agreement, duly approved by a court having jurisdiction,
whereby such receiver or trustee assumes and agrees to be bound by
each and every provision of this Code and applicable franchise.
[Ord. No. 1681 §1(3.8), 12-17-2001]
A. If a
renewal or extension of a franchise is denied without further right
of appeal or a franchise is lawfully terminated with all rights of
appeal exhausted, the City may acquire ownership of the cable system
or effect a transfer of ownership of the cable system to another person,
any such acquisition or transfer shall be in accordance with and to
the extent permitted by 47 U.S.C. Section 547 as follows:
1. Upon
revocation of a franchise, such valuation shall not include any sum
attributable to the value of the franchise itself and plant and property
shall be valued according to its book value at the time of revocation
or the cable system's initial cost less depreciation and salvage,
whichever of the two (2) is lower.
2. At the
expiration of a franchise, such valuation shall be at fair market
value, exclusive of the value attributed to the franchise itself.
[Ord. No. 1681 §1(3.9), 12-17-2001]
A. A grantee
shall not sell, transfer, lease, assign, sublet or dispose of, in
whole or in part, an interest in or control of a franchise or cable
system without the prior consent of the City, which consent shall
not be unreasonably denied or delayed and may be denied only upon
a good faith finding by the City that the proposed transferee lacks
the legal, technical or financial qualifications to consummate the
transaction and operate the cable system so as to perform its obligations
under the franchise. This Section shall not apply to sales of property
or equipment in the normal course of business. Consent from the City
shall not be required for a transfer in trust, mortgage or other instrument
of hypothecation, in whole or in part, to secure an indebtedness,
or for a pro forma transfer to a corporation, partnership or other
entity controlling, controlled by, or under common control with a
grantee.
B. The following
events shall be deemed to be a sale, assignment or other transfer
of an interest in or control of a franchise or cable system requiring
compliance with this Section:
1. The
sale, assignment or other transfer of all or a majority of a grantee's
assets in the City;
2. The
sale, assignment or other transfer of capital stock or partnership,
membership or other equity interests in a grantee by one (1) or more
of its existing shareholders, partners, members or other equity owners
so as to create a new controlling interest in grantee;
3. The
issuance of additional capital stock or partnership membership or
other equity interest by a grantee so as to create a new controlling
interest in a grantee; and
4. A grantee's
agreement to transfer management or operation of the grantee or the
system to an unaffiliated entity so as to create a new controlling
interest in the grantee.
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The term "controlling interest", as used herein,
means majority equity ownership of a grantee.
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C. A transfer
solely for security purposes such as the grant of a mortgage or security
interest, including the pledge or grant of a mortgage or security
interest to lenders of a grantee's assets, including, but not limited
to, the franchise, such as in a transaction commonly known as an "initial public offering" shall not be deemed to be a sale,
assignment or other transfer of an interest in or control of a franchise
or cable system and thus shall not require compliance with this Section.
D. In the
case of any sale or transfer of ownership of an interest in or control
of a franchise or cable system, the City shall have one hundred twenty
(120) days to act upon any request for approval of such sale or transfer
that contains or is accompanied by such information as is required
in accordance with FCC regulations and the requirements of this Code.
If the City fails to render a final decision on the request within
one hundred twenty (120) days after receipt by the City of all required
information, such request shall be deemed granted unless the requesting
party and the City agree to an extension of the one hundred twenty
(120) day period.
E. The City
reserves any legal right it has under applicable law to require a
grantee to pay all costs and expenses incurred by the City in connection
with the sale, assignment or transfer of a franchise including, but
not limited to, the City's costs of reviewing the qualifications of
any proposed transferees. Such reimbursement shall not be considered
a franchise fee.
[Ord. No. 1681 §1(3.10), 12-17-2001]
A. Discriminatory Practices Prohibited. A grantee shall not
deny cable service, deny access or otherwise discriminate against
subscribers, programmers or general citizens on the basis of income
level, race, color, religion, national origin, sex or age. Every grantee
shall strictly adhere to the equal employment opportunity requirements
of State and Federal law. Every grantee shall comply at all times
with all other applicable Federal, State and local laws and all executive
and administrative orders relating to non-discrimination.
B. Subscriber Privacy. Every grantee shall at all times comply
with the Federal subscriber privacy requirements codified at 47 U.S.C.
Section 551.
[Ord. No. 1681 §1(3.11), 12-17-2001]
A. Rate Regulation. The City reserves the right to regulate
rates for basic cable service and any other services offered over
a cable system to the extent permitted by Federal or State law. A
grantee shall be subject to the rate regulation provisions provided
for herein and those of the Federal Communications Commission (FCC)
at 47 C.F.R., Part 76.900, Subpart N. The City shall follow the rules
relating to cable rate regulation promulgated by the FCC at 47 C.F.R.,
Part 76.900, Subpart N.
B. Rights Reserved To Grantor. Upon either final non-appealable
determination of non-renewal or revocation of a franchise, grantor
shall have discretion to permit a grantee by mutual consent to continue
to operate the cable system for an extended period of time agreed
upon by the parties. Any such operation of the system by a grantee
shall be in accordance with the terms and conditions of this Chapter
or franchise and shall provide the regular subscriber service and
any and all of the services that may be provided at that time.