[Ord. No. 2003-12, 9-21-2003]
For purposes of this article, terms, phrases, words and abbreviations
shall have the meanings ascribed to them in the Cable Communications
Policy Act of 1984, as amended from time to time, 47 U.S.C. 521 et
seq., unless otherwise defined in this article.
[Ord. No. 2003-12, 9-21-2003]
The purpose of this article is to provide fair regulation of
cable service in the Township in the interest of the public; to promote
and encourage adequate, economical and efficient cable service to
the residents of the Township; to promote and to encourage harmony
between cable television companies and their subscribers; and to provide
for the furnishing of cable television system service to the residents
of the Township without unjust discrimination, undue preferences or
advantages.
[Ord. No. 2003-12, 9-21-2003; as amended by Ord. No. 2019-15, 10-6-2019]
(a) The Township shall establish a commission to be known as the "Meridian
Township Cable Communications Commission." The Township Board shall
solicit from the public and from the franchisee names of persons interested
in serving on the Commission but is not limited to names submitted.
(b) The Commission consists of five residents of the Township appointed
by the Township Board. Each member shall serve a term of three years.
Any vacancy in the office shall be filled by the Township Board for
the remainder of the term. No employee or person with an ownership
interest in a cable television franchise granted pursuant to this
article shall be eligible for membership on the Commission. Members
of the Commission may be compensated at a rate to be determined by
the Township. Such rate of compensation, if any, may be established
and may be revised, from time to time, by resolution of the Township
Board.
(c) Subject to federal and state law, the Commission, in addition to
the functions and responsibilities that the Township Board may delegate
to it from time to time by resolution, shall have the following functions:
(1)
Discuss this article and franchises with prospective franchise
applicants.
(2)
Advise the Township Board on applications for franchises.
(3)
Advise the Township Board on matters that might constitute grounds
for revocation of a franchise under this article.
(4)
Recommend to the Township Board, after hearing, resolutions
of disputes between franchisees, between franchisee(s) and subscribers,
between franchisee(s) and access users, and between access users.
(5)
Advise the Township Board on the regulation of rates under this
article and make recommendations on requested changes in rates, services
or classifications.
(6)
Recommend to the Township Board general policy relating to access
channels with a view to maximizing the diversity of programs and services
to subscribers.
(7)
Encourage the use of access channels by institutions, groups
and individuals within the Township. The Commission shall operate
a government access channel and use franchise fees to administer this
article. Such funds shall be allocated based on the Township's
approved budget and budget/appropriations resolution.
(8)
Encourage and supervise interconnection of systems.
(9)
Review and report to the Township Board concerning records and
reports that the franchisee is required to submit under this article.
(10)
Annually prepare a proposed budget and submit that proposed
budget to the Township Board for its consideration and adoption. Prior
to adopting a budget for the Commission, the Township Board shall
conduct a public hearing. The Commission shall also prepare and submit
to the Township Board an annual report, including an accounting of
budgeted fees received and distributed by the Commission and a report
of the type and amount of use of access channels.
(11)
Conduct evaluations of the system at least every three years
and make recommendations to the Township Board regarding amendments
to this article or to the franchise agreement.
[Ord. No. 2003-12, 9-21-2003]
Any person granted a franchise pursuant to this article shall
have no recourse whatsoever against the Township, its officers, boards,
commissions, agents or employees for any loss, cost, expense or damage
arising out of any provision or requirement of this article or its
enforcement except as allowed by 47 USC 555a, as amended.
[Ord. No. 2003-12, 9-21-2003]
Any right or privilege granted to any person under this article
to use or occupy any street, alley, public right-of-way or public
place shall be subordinate to any prior lawful occupancy of such property.
Nothing in this article shall be construed as limiting in any way
the Township in the lawful exercise of the police power.
[Ord. No. 2003-12, 9-21-2003]
In order to achieve a uniform, comprehensive, Township-wide
standard of service, the grant of any special use permit pursuant
to this Code shall be conditioned upon satisfactory completion of
all necessary easements, licenses and arrangements to permit a connection
in each dwelling unit to a cable system, open video system or other
multichannel video provider using or occupying the public right-of-way
duly franchised by the Township Board.
[Ord. No. 2003-12, 9-21-2003]
(a) Subject to federal law, the Township Board, or any person or department
designated by it, shall, upon its own motion or upon complaint of
any person or subscriber of a grantee, have authority to hear and
determine all complaints concerning the rates, charges, rules, regulations,
practices, quality of service rendered or refused to be rendered,
equipment furnished or refused to be furnished, or any other matter
relating to the service or operation of the cable system or any person
franchised under the terms of this article.
(b) Upon the filing of any complaint against any grantee pursuant to
the preceding subsection, the Township Board shall give such person
at least 20 days’ notice of the time and place of a hearing
to be given such person upon the matters alleged in the complaint.
Subject to federal law, the Township Board shall have the power to
order such changes in the rates, charges, rules, regulations, services,
equipment or other matters relating to the service or operation of
the grantee as in its judgment, based upon the record of the hearing
and findings of fact made thereon, appear to be just, reasonable and
lawful based upon the record of the hearing and the board's findings
of fact.
(c) Every grantee a franchise pursuant to this article shall have a business
office conveniently located for residents of the Township, suitably
staffed for the purpose among others of receiving and investigating
complaints, dealing with its subscribers, receiving payment for service
and otherwise conducting business, unless otherwise provided in the
franchise agreement.