[Ord. No. 2003-12, 9-21-2003]
(a)
No person may construct, install, maintain or operate a cable system,
open video system or other multichannel video provider using or occupying
the public right-of-way in the Township nor may any person provide
a cable service or acquire ownership or control of a grantee of a
franchise under this article in the Township without such person having
first obtained a franchise from the Township in the form of a franchise
agreement between the Township and the franchisee, which franchise
agreement includes, at a minimum, compliance with the specifications
of this article. However, a franchise is required from the Township
in order to use, occupy or traverse under the surface of the ground
of a single public street for the purposes of installing, constructing,
maintaining or operating a single cable, or other similar conductor,
which connects one or more multiple-family dwellings with one or more
multiple-family dwellings, all under the same ownership, where the
resulting cable system does not serve more than 500 occupancy units.
Any such person shall be required to first obtain the necessary street-crossing
permit.
(b)
Except as specifically provided in this Code, no person may use,
occupy or traverse the Township streets, alleys, lanes, avenues, boulevards,
sidewalks, bridges, viaducts, rights-of-way or any other public place
or public way in the Township or any extensions or additions, whether
on, above, or under the surface of the ground, for the purposes of
installing, construction, maintaining or operating a cable system,
open video system or other multichannel video provider using or occupying
the public right-of-way or facilities therefor or for the purpose
of furnishing a cable service without such person having first obtained
a franchise therefor from the Township in the form of a franchise
agreement between the Township and the franchisee, which franchise
agreement includes, at a minimum, compliance with all the specifications
of this article.
(c)
The specifications required by this article are minimum requirements
of a franchise agreement. Additional requirements including, but not
limited to, rates, charges, deposits, specifications regarding required
interconnections, studios or other signal origination facilities,
number of channels to be equipped and available for immediate use
upon initial construction of the system, use of channels by the Township,
schools, and other educational institutions, quality of community
access, availability of equipment to users, required establishment
and expansion of service area, other use of channels and other specifications
or requirements of a cable television franchisee or system may be
established in the franchise agreement.
[Ord. No. 2003-12, 9-21-2003]
(a)
The initial and transfer applications for a franchise to install,
construct, maintain or operate a cable system, open video system or
other multichannel video provider using or occupying the public right-of-way
in the Township or to furnish a cable service must:
(1)
Be made in writing to the Township Board in such form as may
be prescribed.
(2)
Include a description and map of the territory within the Township
in which the cable system, open video system or other multichannel
video provider system using or occupying the public right-of-way is
to be installed, constructed, maintained or operated or to furnish
cable service is to be provided.
(3)
Be accompanied by a showing of the applicant's legal, financial,
technical and other qualifications to be a franchisee which must contain:
a.
In establishing legal qualifications, if other than a single
individual, a certified copy of the partnership agreement, articles
of association, or articles of incorporation, as the case may be,
and also, if a foreign corporation, a certified copy of its authorization
to do business in the State of Michigan.
b.
In establishing financial qualifications, a copy of applicant's
current balance sheet as of a date not more than 60 days prior to
the date of the application shall be furnished. If a loan or other
credit arrangement is to be consummated to finance the establishment
and operation of the proposed facilities, full particulars shall be
disclosed, including the identity of the creditor.
c.
In establishing technical qualifications, a statement of the
arrangements to ensure the rendition of good service, including the
type and kind of facilities to be employed, the technical standards
to be followed, the maintenance and repair facilities to be used,
the number and description of technical personnel, including copies
of any contracts, agreements or arrangements relating to any of the
above.
d.
A statement as to the location of the antenna site or sites
and the location of any places of business in the Township.
e.
A statement as to any affiliated corporations or business organizations
engaged in providing service, or Interlocking directorships or ownerships
held by any owners, officers or directors of applicant with any other
business engaged in providing cable service.
f.
A detailed statement as to the arrangements and timetable by
which applicant proposes to construct its cable facilities and system
including detailed descriptions of portions of the Township to be
served by the system within one year, 18 months, two years, 30 months,
and three years of the making of the franchise agreement.
(4)
The applicant shall furnish information as to the programming
services and public services which it shall provide including:
a.
The number of channels offered and the potential for diversified
services to local government, educational institutions, community
groups, householders and local commercial interests.
b.
Projected development of customer and community services, indicating
priorities in development, and estimated time schedules.
c.
Cost estimates of development, installation, and maintenance
of system, which items shall be deemed to include, but not be limited
to, the proposed cost of acquisition of the system where approval
of a transfer of the franchise has been requested.
d.
Revenue forecasts for the next five years of service.
e.
A proposed schedule of rates for installation charges, monthly
service fees and relocation charges.
f.
Such other information as the Township may request.
(b)
The application for an initial franchise must be accompanied by a
fee of $5,000.
(c)
Upon the filing of such an application and the payment of the fee
as prescribed, the Township Board will consider the application and
may request such additional information as it may deem necessary to
establish the legal, financial, technical and other qualifications
of the applicant to provide a cable service in the Township.
(d)
If the Township Board determines that the applicant possesses the
necessary qualifications, legal, financial, technical and otherwise,
to reasonably assure applicant's ability to satisfactorily install,
construct, maintain or operate a cable television system, open video
system or other multichannel video provider using or occupying the
public right-of-way or to furnish a cable service to the public in
the Township, the Township Board may issue applicant a nonexclusive
franchise. No franchise shall be issued:
(1)
Until the franchise application has been on file and available
for public inspection in the office of the Township Clerk for at least
30 days; and
(2)
Until the Township Board holds a public hearing on such application
after due notice of the time and place of such hearing has been given
the public.
(e)
In determining whether such a franchise will be issued, the Township
Board will take into consideration, among other things, the legal,
technical and financial qualifications of the applicant; including
the prior experience, if any, of the applicant in providing cable
systems or furnishing cable service; the proposed rate schedule; the
nature and scope of the applicant's proposed system; and the
timetables for development of applicant's proposed system.
(f)
No franchise may be sold, transferred or assigned unless such transaction
is first approved by the Township Board after receipt of a written
application containing the same information regarding transferee as
would be required of an original application and any application fee
prescribed by the grantee's franchise agreement. Prior approval
of the Township Board shall be required where ownership or control
of more than 25% of the right of control of a grantee is acquired
by a person or group of persons acting in concert, none of whom already
own or control 25% or more of such right of control, singularly or
collectively.
(g)
The Township may acquire the cable system, open video system or other
multichannel video provider using or occupying the public right-of-way
if a renewal is denied or revoked for cause subject to 47 USC 547,
as amended.
[Ord. No. 2003-12, 9-21-2003]
By the application for and acceptance of a franchise pursuant
to this article, a grantee agrees that upon subsequent additions of
areas to the Township, either by annexation, consolidation or otherwise,
any and all franchises and/or licenses held by it to provide a cable
service or to install, construct, maintain or operate a cable system
in such areas shall be surrendered and any rights or privileges in
streets, alleys, public right-of-way or public places to install,
construct, maintain or operate a cable system or to furnish a cable
service in such areas as may subsequently be added to the Township
by annexation, consolidation or otherwise is subject to and authorized
by this article.
[Ord. No. 2003-12, 9-21-2003]
Any franchise granted under this article is made subject to
all applicable provisions of law relating to the Township and ordinances
and specifically subject to the rights and powers of the Township
and limitations upon a grantee holding such franchise as are set forth
in the statutes of the State of Michigan pertaining to charter Townships,
which are incorporated by reference, and such grantee must abide by
and be bound by said rights, powers and limitations.
[Ord. No. 2003-12, 9-21-2003]
Any franchise issued pursuant to this article must be a nonexclusive
franchise for a term of years, not to exceed 15 years, as the Township
Board may approve and will be issued in such form as shall be determined
by the Township Board.
[Ord. No. 2003-12, 9-21-2003]
(a)
During the term of any franchise granted pursuant to this article,
the person granted such franchise shall pay to the Township, for the
use of its streets, public places, and other facilities, as well as
their maintenance, improvements, and supervision and for the regulation
activities required by virtue of the franchise, an annual franchise
fee in an amount equal to 5% of all revenues derived from the operation
of the cable system, open video system or other multichannel video
provider using or occupying the public right-of-way to provide cable
service in the Township. The Township shall be furnished a statement
with each payment, certified as correct by the franchisee, and an
annual statement for the entire year, prepared by a certified public
accountant. All statements shall reflect the total amount of local
gross subscriber revenues and the above charges, deductions and computations
for the period covered by the statement.
(b)
Such franchise fee shall be paid quarterly within 45 days of the
close of each quarter during the existence of the franchise at the
office of the Township Treasurer during regular business hours. If
the Township Treasurer's office is closed on said 45th day, then
payment may be made during regular business hours on the next following
day on which the Township Treasurer's office is open for business.
(c)
Subject to 47 U.S.C. § 551, as amended, the Township shall
have the right to inspect at all reasonable times the customer records
of any person granted a franchise from which its franchise fee payments
are computed and shall have the right of audit and recomputation of
any and all franchise fees paid. No acceptance of any payment shall
be construed as a release or as an accord and satisfaction of any
claim the Township may have for further or additional sums payable
as a franchise fee under this article or for the performance of any
other obligation under this article.
[Ord. No. 2003-12, 9-21-2003]
(a)
Right to use streets. A franchise granted pursuant to this article
confers upon the grantee the nonexclusive right to erect, install,
construct, reconstruct, replace, remove, repair, maintain and operate
in or upon, under, above and across the streets, avenues, highways,
sidewalks, bridges and other public ways, easements, and rights-of-way
existing as of the date of the grant of said franchise and all subsequent
extensions in and belonging to the Township, all necessary towers,
poles, wires, cables, coaxial cables, transformers, amplifiers, underground
conduits, manholes, and other television and/or radio conductors,
equipment and fixtures for the installation, construction, maintenance
and operation of a cable system (including audio, video and radio
signals) or the furnishing of a cable service.
(b)
Submission of description; approval by Director of Public Works/Engineering.
Prior to the erection or installation of any towers, poles, guys,
anchors, underground conduits, manholes, or fixtures for use in connection
with the installation, construction, maintenance or operation of a
cable system under a franchise granted pursuant to this article, the
grantee desiring to erect or install such facilities for use in connection
with its cable system must first submit to the Director of Public
Works/Engineering or designee for review and approval a concise description
of the facilities proposed to be erected or installed, including engineering
drawings, if requested or required, together with a map indicating
the proposed location of such facilities. No erection or installation
of any tower, pole, guy, anchor, underground conduit, manhole, or
fixture for use in a cable system, open video system or other multichannel
video provider using or occupying the public right-of-way may be commenced
by any person until approval has been received from the Director of
Public Works/Engineering or designee. Such approval may not be unreasonably
withheld.
(c)
Grant of attachment spaces. Any person accepting a franchise pursuant
to this article and erecting or installing towers or poles must, upon
written request by the Township, grant the Township reasonable attachment
space or spaces upon such towers or poles without a rental charge
for the attachment of wire or cable owned and used by the Township.
The Township shall pay any costs incurred by such person in providing
attachment space or spaces to said Township, including all necessary
costs of rearrangement of such person's wires, cables or equipment
and tower or pole replacement cost for a larger tower or pole, if
required.
(d)
Right of Township to purchase system; removal by grantee. Upon the
expiration, termination or revocation of any franchise granted pursuant
to this article, or should any person wish otherwise to dispose of
any tower or pole erected or installed for use in connection with
a cable system, open video system or other multichannel video provider
using or occupying the public right-of-way or any portion of said
system, the Township retains the first right and option to purchase
such towers or poles as it may require or such portion of the system
at their fair market value. The Township shall be under no obligation
to purchase all or any part of the system upon expiration, termination
or revocation for cause of any franchise granted pursuant to this
article. Further, upon the expiration, termination or revocation for
cause of any franchise granted pursuant to this article, should the
Township determine that it does not desire to purchase the system
or any part of the system, the franchisee shall have a period of six
months from the date of expiration, termination or revocation to remove
its towers, poles, wires, cables, fixtures or all other facilities
from the streets, alleys, public rights-of-way or public places. Grantee
shall not disturb any underground conduit, manholes, or other facilities
constructed underground. At the expiration of such six-month period,
any property not removed by franchisee may, at the Township's
election, become the property of the Township to do with as it may
choose. Any cost to the Township in removing said property from the
streets, alleys, public rights-of-way or public places may be claimed
against franchisee under the letter of credit or other surety arrangement
as required under this article.
(e)
Commencement of construction. Any person granted a franchise pursuant
to this article shall commence construction or installation of its
cable system, open video system or other multichannel video provider
using or occupying the public right-of-way within 120 days after issuance
of a certificate of compliance by the Federal Communications Commission
(FCC).
(f)
Completion of construction. Any person granted a franchise pursuant
to this article shall, within such period as designated in the franchise
agreement complete construction in the area designated in the franchise
agreement. Any person granted a franchise pursuant to this article
who is unable to commence or complete construction according to the
provisions of this section, for good cause, must notify the Township
Board in writing within 30 days of the occurrence of any delay or
interruption of construction of more than 15 working days, which interruption
or delay would affect its ability to construct according to schedule.
(g)
Underground. In areas or portions of the Township where transmission
or distribution facilities of public utilities providing telephone
service and electric service are underground, or may be placed underground
when installed, any person granted a franchise pursuant to this article
must likewise install, construct, maintain and operate its transmission
and distribution facilities in like manner underground to the maximum
extent feasible and permitted by existing technology and conditions,
subject to the approval of the Township Director of Public Works/Engineering
or designee. Such approval may not be unreasonably withheld.
(h)
Compliance with law. All construction, installation, maintenance
and operation of any facilities must be in compliance with the provisions
of the National Electrical Safety Code as prepared by the National
Bureau of Standards, the National Electrical Code of the National
Board of Fire Underwriters, the Bell Telephone System's Code
of Pole Line Construction, any standards issued by the FCC or other
federal or state regulatory agencies, and applicable regulations of
public utilities operating in the Township. Every cable system, open
video system or other multichannel video provider using or occupying
the public right-of-way installing, constructing, maintaining or operating
in the Township must be so designed, constructed, installed, maintained
and operated as not to endanger or interfere with the safety of persons
or property in the Township.
(i)
Openings. Any opening, obstruction in, disturbance of or damage to
the streets, alleys, public rights-of-way or public places by any
person in the exercise of any right granted pursuant to this article
must be properly guarded by adequate barriers, lights, signals, and
warnings, as to prevent danger to any person or vehicle using such
streets, alleys, public rights-of-way or public places. Such opening,
obstruction in, disturbance of or damage shall be properly and promptly
repaired, all in a manner specified and approved by the Director of
Public Works/Engineering or designee, at such person's expense.
(j)
Cooperation with public projects. Any person owning or maintaining
a cable system or facilities in or on the streets, alleys, public
rights-of-way or public places in the Township must, at its expense
and without reimbursement from the Township, upon request of the Township,
protect, support, temporarily disconnect, relocate or remove from
the street, alley, public right-of-way or public place, any property
of such person when required by reason of traffic conditions, public
safety, street vacation, freeway or street construction, change or
establishment of street grade, installation of sewers, drains, water
pipes, power lines, signal lines, tracks, the construction or change
of the transmission or distribution facilities of any telephone or
electric public utility or other public improvements. Any such person
must also, at the request of any private party holding an appropriate
permit issued by the Township, temporarily raise or lower its cable
transmission or distribution wires or cables to permit the moving
of any building or other structure, provided that the actual expense
of such temporary raising or lowering shall be paid in full by the
party requesting the same other than the Township.
(k)
Township may complete repairs, charge grantee. If any person fails
to commence, pursue or complete any work required by law or by the
provisions of this article to be done in any street, alley, public
right-of-way or public place as designated by the Director of Public
Works/Engineering or designee, who may cause such work to be done
and such person shall pay to the Township the cost within 30 days
of the receipt of an itemized statement of such cost.
[Ord. No. 2003-12, 9-21-2003]
(a)
Every grantee shall, within 30 days of the grant of a franchise to
it pursuant to this article, file with the Township Clerk, and at
all times maintain in full force and effect for the term of the franchise,
at its expense, a letter of credit or such other surety arrangement
as the Township Board may approve in a franchise agreement, in the
minimum amount of $25,000. The surety arrangement or letter of credit
shall guarantee the faithful performance by such grantee of its obligations
under its franchise and upon the further condition that if such grantee
shall fail to comply with any one or more provisions of this article,
there shall be recoverable any damages or loss suffered by the Township,
including the full amount of any compensation, indemnification, or
cost of removal of any property of such grantee as provided in this
article plus attorney's fees and costs, up to the full amount
of the letter of credit, or other surety arrangement. The surety arrangement
or letter of credit shall be a continuing obligation for the duration
of any franchise granted under this article and any renewal term until
such grantee has liquidated all of its obligations with the Township
which may have arisen under the franchise or from the exercise of
any privilege or right granted. Nothing in this article shall be construed
to excuse faithful performance by any grantee or in any way to limit
its liability for damages or otherwise. The letter of credit or other
surety arrangement may be reduced to $10,000 at such time as franchisee
is actively providing cable service to 1,000 or more subscribers within
the Township.
(b)
Any grantee within 30 days of the grant of a franchise pursuant to
this article shall file with the Township Clerk:
(1)
An indemnity agreement to indemnify, defend and save the Township
harmless from and against any or all claims, suits, actions or liability
for damages which may arise in any way from the grant of a franchise
to such grantee, or its operation in the Township, including all expenses
incurred by the Township in defending itself against any claim, action
or suit.
(2)
Proof of a commercial general liability insurance policy, including
completed operations liability, independent contractors liability,
contractual liability, railroad protective, XCU coverage, an automobile
liability insurance policy all issued by companies licensed to do
business in Michigan, protecting the Township, its officers, boards,
commissions, agents and employees against liability for loss or damage
for personal injury, death and property damage, occasioned by the
installation, construction, maintenance or operation of a cable television
system in the Township with liability limits of up to $5,000,000 for
personal injury or death and up to $3,000,000 for the damages to property
resulting from any one occurrence and proof of adequate insurance
as required by the Michigan Workers Disability Law applicable to it.
(c)
All policies shall contain a provision that a written notice of cancellation,
material change or reduction in coverage shall be provided to the
Township Clerk at least 30 days in advance of the effective date.
(d)
All insurance required by this section shall be with insurance companies
licensed and admitted to do business in the State of Michigan, who
are acceptable to the Township and who have a minimum A.M. Best Company
rating of A or A- (Excellent). The grantee shall submit evidence to
the Township of the insurance company's status to do business
in the State of Michigan and A.M. Best Company rating.
(e)
No franchise is effective until the provisions of this section above
have been fully complied with and failure to file with the Township
Clerk within 30 days after grant of a franchise, the letter of credit
or other surety arrangement, indemnity agreement, proof insurance
as required by this section shall render the franchise null and void
without notice or further proceedings.
[Ord. No. 2003-12, 9-21-2003]
(a)
Term. Any franchise granted pursuant to this article shall expire
without further proceedings in the event the person granted such franchise
has not commenced construction of a cable system, open video system
or other multichannel video provider using or occupying the public
right-of-way within one year after its effective date.
(b)
Revocation for failure to provide service. If any person granted
a franchise pursuant to this article fails to provide cable service
within and throughout the franchise areas as required under the terms
of its franchise agreement, said franchise shall, on the anniversary
of the effective date of such franchise next following the twelve-month
period during which cable service has not been extended as required
under the terms of the franchise agreement, be deemed revoked without
the necessity of Township Board action, unless prior to said date,
such person shall have applied to the Township Board and the Township
Board shall have, for good cause shown, granted an extension of the
construction or service periods set forth in the franchise agreement.
(c)
Termination upon appointment of receiver. Any franchise granted pursuant
to this article shall be terminated without further proceedings 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 proceedings unless such receivership
or trusteeship shall have been vacated prior to the expiration of
such period. Such receiver or trustee may apply for a transfer or
assignment of such franchise, as before provided in this article within
60 days of the appointment of such receiver or trustee, if duly approved
by the court having jurisdiction in the premises. In case of a foreclosure
or other judicial sale of the plant, property or facilities, with
or without the appointment of a receiver or trustee, a franchise shall
be terminated without further proceeding upon 30 days' written
notice of termination served upon the grantee and the purchaser unless
within such thirty-day period, the purchaser applies to the Township
for a transfer or assignment to it of the same as provided in this
article. Such approval may not be unreasonably withheld.
(d)
Revocation. Any franchise granted pursuant to this article is revocable
for cause by the Township Board prior to its expiration where the
grantee has failed substantially to comply with any material provision
or requirement of this article or the provisions of its franchise
agreement or other authorization. The Township Board may give a written
notice containing full particulars as to the material provision or
requirement with which compliance is claimed deficient and allow such
grantee 60 days to comply. At the expiration of such 60 days, such
franchise or authorization shall be deemed terminated and revoked
without further board action, unless such grantee shall request a
hearing before the Township Board upon its alleged failure to substantially
comply with any material provision or requirement of this article
or of its franchise or authorization. Such hearing shall be public
with the grantee being permitted to fully participate including the
right to introduce testimony and exhibits and to examine and cross
examine witnesses. The hearing shall be recorded and at the conclusion
the Township Board, if it finds that a grantee has not substantially
complied with any material provision or requirement of this article
or its franchise agreement or authorization, may terminate and revoke
the franchise or authorization. Such decision is subject to any and
all lawful remedies and rights of appeal.
(e)
Surrender. Any person granted a franchise pursuant to this article
may surrender it by written notice of intent to surrender its franchise
filed with the Township Clerk not less than 60 days prior to the surrender
date. On the surrender date specified in such notice, all rights,
privileges, and authority under such franchise shall terminate. Such
person shall have a period of six months thereafter to remove its
towers, poles, wires, cables, fixtures, or other facilities from the
streets, alleys, public rights-of-way, or public places, subject to
the rights of the Township as set forth in subsection this article.
At the expiration of such six-month period, any property not removed
by such person shall become the property of the Township to do with
as it may choose. Any cost to the Township in removing such property
from against such person under the surety arrangement or letter of
credit required under this article.
