City of Farmington, MO
St. Francois County
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Table of Contents
Table of Contents
Cross References — Utilities, Title VII.
[Code 1974 §637.010; CC 1984 §7-1]
A. 
Title Of Chapter. This Chapter shall be known as the Farmington Cable Television Regulatory Ordinance.
B. 
Purpose. The purpose of this Chapter is to provide for the regulation and control of any cable television system operating in the streets, roads and public places of the City.
C. 
Grant Of Franchise. Operation of a cable television system in the City shall be permitted only if the City Council grants a franchise pursuant to the laws of the State and subject to the provisions and amendments of this Chapter.
D. 
Length Of Franchise. No franchise shall be granted for a period of more than fifteen (15) years.
E. 
Authority Not Exclusive. The right to use and occupy the streets, roads and public places of the City for the purpose herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of its streets, roads and public places to any person at any time during the period of the franchise issued pursuant to this Chapter.
[Code 1974 §637.020; CC 1984 §7-2]
As used in this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
CABLE TELEVISION SYSTEM (hereafter referred to also as cable system and system)
A system employing antennae, microwave, wires, wave guides, coaxial cables or other conductors, equipment or facilities designated, constructed or used for the purpose of:
1. 
Collecting and amplifying local and distant television broadcast signals or radio signals and distributing and transmitting them;
2. 
Transmitting original cablecase programming (origination and access) not received through television broadcast signals;
3. 
Transmitting television pictures, film and video-tape programs not received through broadcast television signals, whether or not exceeded or processed to permit reception by only selected receivers; and
4. 
Transmitting and receiving all other signals, Class I, II, III and IV, as defined by the FCC. Any of the service permitted hereunder to be performed, as described above, shall be performed by a franchise only as permitted pursuant to this Chapter.
F.C.C.
The Federal Communications Commission.
FRANCHISE
Includes an authorization granted pursuant to the laws of the State and pursuant to this Chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a cable television system within all or a specified area in the City. Any such authorization in whatever form granted shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the City as required by the ordinances and laws of this City.
FRANCHISEE
The person granted a franchise by the City Council under this Chapter and the lawful successor, transferee or assignee thereof.
PROPERTY OF FRANCHISEE
All property owned, installed or used within the City by a franchisee, but not including any permit granted by the City in the conduct of a cable television system business under the authority of a franchise granted pursuant to this Chapter.
SIGNALS
All references to signals, distant, local, radio, television or kinds such as Class I, II, III and IV shall be defined pursuant to the definitions given in Section 76.5, Federal Communications Commission Rules and Regulations 47 CFR 76.5.
SUBSCRIBER OR USER
Any person receiving for any purpose any service of the franchisee cable television system including, but not limited to, the conventional cable television system service of retransmission of television broadcast, radio signals, franchisee's original cablecasting and the local government, education and public access channels and other services, such as leasing of channels, data and facsimile transmission, pay television, and Police, fire and similar public service communication.
[Code 1974 §637.030; CC 1984 §7-3]
A. 
Transfer Or Assignment Prohibited During Construction. No transfer or assignment of a franchise shall be approved or permitted during the period of construction of the system as set forth in Section 630.050(B).
B. 
Transfer Or Assignment Without City Council Consent. Any franchise granted pursuant to provisions of this Chapter shall be non-transferable without approval of the City Council, and any arrangement which shall give to any person other than the franchisee the right to exercise control, either de jure or de facto, any of the rights and obligations that make up any such franchise shall void the franchise unless the Council shall approve the arrangement. This provision shall apply, but not be limited to, control exercised by individuals, partnerships, trusts or corporations which is transferred or assigned through sale or is effectuated by merger, consolidation or reorganization; or where control is transferred through leases or credit arrangements. This provision is subject to the exception provided for in the Section of this Chapter governing receivership.
C. 
Notice Of Transfer Or Assignment. A franchisee wishing to assign or transfer control of any of the rights and obligations of a franchise granted pursuant to this Chapter shall file with the City Council an application for approval of the change in such form and containing such information and supporting documents that will allow the City Council to assess the proposal pursuant to the standards provided in Subsection (D). All such filings shall be made thirty (30) days in advance of the transfer or assignment. Failure to give notice shall be subject to revocation of the franchise.
D. 
Consent Of City Council To Transfer Or Assignment. To approve an assignment or transfer or any of the rights or obligations that make up a cable television franchise granted by the City Council, the Council shall determine at a public hearing, after appropriate notice thereof, whether the transfer or assignment will affect the legal, character, financial, technical and other public interest qualities of the franchise or its successor in performing the obligations of the franchise. If the Council shall find that any transaction which will transfer or assign the rights and obligations that make up the franchise is not in the public interest, the franchise shall be void. Failure of the Council to disapprove any such transfer within sixty (60) days shall be deemed to be consent and render unnecessary any subsequent approval.
E. 
Transfer Or Assignment Right Of City To Exercise First Refusal. Following City Council approval, any proposed sale or transfer of the franchise shall first be extended to the City who shall have the right of first (1st) refusal upon the same terms, conditions and price as offered to a proposed transferee. The City shall exercise the right within thirty (30) days after notice.
[Code 1974 §637.040; CC 1984 §7-4]
A. 
Revocation. The City reserves the right to revoke a franchise, and all rights and privileges pertaining thereto, in the event that:
1. 
The franchise becomes insolvent, unable or unwilling to pay its legal obligations or is adjudged a bankrupt; or
2. 
The franchise continues to violate any of the material provisions of this Chapter or a franchise granted pursuant to this Chapter after sixty (60) days' notice in writing to correct same or a franchise is found to practice any fraud or deceit upon the City. Prior to any revocation proceedings under this Section, the franchisee shall be given sixty (60) days' notice in writing, which notice shall state with particularity the grounds upon which the City relies. Thereafter, upon the written request of the franchisee, the franchisee shall be entitled to a hearing before the City Council within thirty (30) days of the date of its request.
B. 
Foreclosure. Upon notice of the prospective foreclosure of other judicial sale of all or a substantial part of the system, or upon the termination of any lease covering all or a substantial part of the system, the franchisee shall notify the Mayor of this fact, and any such notification shall be treated as a notification that a change in control of the franchise has taken place, and the provisions of Section 630.030 shall apply.
C. 
Receivership. A franchise shall be voidable by the City one hundred twenty (120) days after appointment of a receiver or trustee. If the City voids a franchise, the City shall take over and conduct the business of the franchisee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless any such receivership or trusteeship shall have been vacated prior to the expiration of the one hundred twenty (120) days, or unless:
1. 
Within one hundred twenty (120) days after his/her election or appointment, the receiver or trustee shall have fully complied with all provisions of this Chapter and any franchise granted pursuant to this Chapter and remedied all defaults thereunder; and
2. 
The receiver or trustee, within the one hundred twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the matter, whereby the receiver or trustee assumes and agrees to be bound by each provision of this Chapter.
D. 
Expiration. Twelve (12) months preceding the expiration of the initial term of any franchise granted pursuant to this Chapter, the City shall have the right, at its election, to:
1. 
Renew or extend the franchise;
2. 
Invite new applicants; or
3. 
Purchase the system.
A franchisee shall make a condition of each contract entered into by it that the City shall have the right to exercise these options.
E. 
Renewal Or Extension. A franchise may be renewed or extended by the City at its discretion for a period not to exceed fifteen (15) years, upon application of a franchise, in accordance with the then existing rules of the F.C.C. and applicable law. Renewal considerations shall include, but not be limited to, the reports prepared throughout the life of the franchise reviewing the system's technical performance, the developments of cable services, the cost of all services to the subscriber, the performance of similar systems in other communities operating under similar requirements, and the cooperation exhibited by a franchisee with the City and its residents through a franchise period.
F. 
City Purchase Of System Upon Revocation. At the termination of the term for which a franchise is granted, or upon its termination or cancellation, as provided for herein, the City, at its election and upon the tender of payment as herein provided to the grantee, shall have the right to purchase and take over the system constructed and operated by the grantee in its entirety. Upon the exercise of this option by the City and its service of an official notice of any such action upon the grantee, together with the payment of the purchase price as provided herein, the grantee shall immediately transfer to the City possession and title to all facilities and property, real and personal, of the business free from any and all liens and encumbrances which the City does not agree to assume in lieu of some portion of the purchase price as determined herein; and the grantee shall execute such warranty deeds or other instruments of conveyance to the City as shall be necessary for this purpose. The grantee shall make it a condition of each contract entered into by it with reference to its operations under this franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to succeed to all privileges and obligations thereof upon the exercise of any such option. The purchase price to be paid by the City to the grantee upon the exercise of the option as herein provided shall be determined as the fair market value of the business and operation of the grantee as determined by three (3) appraisers chosen, one (1) by the City, one (1) by the grantee, and the remaining appraiser to be chosen by the two (2) as designated by the City and grantee. Any such appraisers shall be chosen from experts within the cable television industry and shall possess the expertise and qualifications necessary to make these determinations and evaluations in order to be qualified as an appraiser. Under no circumstances shall any valuation be made for the value of a franchise.
G. 
Continuity Of Service Mandatory. A franchisee shall be required to provide continuous service to all subscribers in return for payment of the established fee. In the event a franchisee fails to operate the system for ten (10) consecutive days, not due to fire, casualty, riots, strikes, labor trouble, acts of God or other reasons beyond franchisee's control, without prior approval of the City Council or its delegated authority, the City or its agent shall have the right to operate the system until such time that a new operator is selected. If the City is required to fulfill this obligation for a franchisee, the franchisee shall reimburse the City for any costs or damages that result from the franchisee's failure to operate the system as required.
H. 
Sale Of System Mandatory. In the event that the City elects to purchase the system if the franchise is not awarded to a new franchisee upon expiration of the term of a franchise or the franchise is revoked, the franchisee shall agree to sell the system to the City or to the new franchisee, whichever is applicable, on the terms provided for herein.
I. 
Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the right of the City to acquire the property of a franchisee through the exercise of the right of eminent domain if permitted by law; and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility.
[Code 1974 §637.050; CC 1984 §7-5]
A. 
Franchise Territory. The franchise shall be limited to the territorial limits of the City but franchisee may service and connect to areas outside the City.
B. 
Construction Timetable.
1. 
Within ninety (90) days after the effective date of granting a franchise under this Chapter, the franchisee shall file with the F.C.C. his/her request, petition or other applications as is then proper to secure any and all necessary permits, licenses, waivers or the like as may be necessary to be secured from the F.C.C. to fully comply with the terms of this Chapter. The franchisee shall thereafter diligently pursue his/her application with the F.C.C. and shall do all reasonable things necessary and proper to secure any such permit, license, waiver, approval or the like from it. The franchisee shall keep the City advised from time to time of the progress of his/her application.
2. 
The franchisee shall have the system operational within twelve (12) months of F.C.C. approval or eighteen (18) months of the City granting the ordinance.
3. 
Construction of the system shall proceed in a non-discriminatory manner that provides equivalent services to equivalent areas of density.
4. 
A franchisee shall provide service to all areas of the City having ninety (90) potential subscribers per trunk mile where cable is required to be placed below ground and fifty (50) potential subscribers per trunk mile where cable may be placed above ground.
C. 
Completion Requirements. Failure on the part of a franchisee to commence and diligently pursue each of the foregoing requirements shall be grounds for termination of a franchise under and pursuant to the terms of Section 630.040(A) provided however, that the time shall be extended for additional periods in the events a franchisee acting in good faith, experiences delays by reason of circumstances beyond its control. "Period of construction" shall mean that time prior to the franchisee having established an operational system.
[Code 1974 §636.060; CC 1984 §7-6]
A. 
Basic Subscriber Service. A franchisee shall provide all subscribers who request subscriber service with all television and radio broadcast signals required to be carried pursuant to the rules of the F.C.C. The applicable F.C.C. requirements governing major market access channels (47 CFR Section 76.251, 1973) are hereby incorporated by reference and shall be included as an obligation of any franchise issued pursuant to this Chapter.
B. 
Additional Services. In order that a franchisee shall satisfactorily perform the service requirements of its franchise, the franchisee shall make additional other services required by the F.C.C. on reasonable request from subscribers and programmers who are willing to pay the established rate for any such service. Any such service to educational institutions shall receive priority in the allocation of channels at no charge. With regard to all other services, if no rate has been established when a service has been requested, the procedure in Section 630.090 shall apply. A franchisee shall undertake to apply for any certificate of compliance or waiver necessary to permit the provision of a specific additional service.
C. 
Radio Signals. Initially, a franchisee shall provide, as an additional service, such of the area metropolitan FM radio signals as are permitted by the F.C.C. In the event reasonable demand exists, a franchisee shall provide AM signals as permitted by the F.C.C.
D. 
Fixed Studio Facilities. A franchisee shall make available those fixed studio facilities as required by the F.C.C.
E. 
Programming. Franchisee shall provide backup signals for those time periods which are required to be blacked out and will be expected to originate programming locally and assist local access in developing programming as required by the F.C.C.
[Code 1974 §636.070; CC 1984 §7-7]
A. 
Channel Capacity. The franchisee shall construct a system that shall have twenty (20) channel capacity. Initial basic service shall provide a minimum of ten (10) active video channels.
B. 
Overhead And Underground Construction. Construction of trunk feeder and drop cable may be constructed overhead where poles now exist and either electric or telephone lines are now overhead, but where no overhead poles now exist, all trunk, feeder and drop cable shall be constructed in underground system. Whenever and wherever either electric lines or telephone lines are moved from overhead to underground placement, all cable of this movement shall be solely the obligation of the franchisee.
C. 
Emergency Requirements. A franchisee shall design and construct the system to provide for an audio override of all radio channels during emergencies and for purposes of civil defense. An emergency power source shall also be provided by a franchisee at the head-end of the system if required by the F.C.C.
D. 
Construction, Supervision And Alteration After Construction.
1. 
A franchisee shall construct, operate and maintain the system subject to the supervision of all of the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting the system.
2. 
The system, and all parts thereof, shall be subject to the right of periodic inspection by the City.
3. 
No construction, reconstruction or relocation of the system, or any part thereof, within the streets or easements shall be commenced until written permits have been obtained from the proper City Officials.
4. 
The City Council may, from time to time, use such reasonable rules and regulations concerning the construction, operation and maintenance of the system as are consistent with the provisions of this Chapter and the franchise issued pursuant to this Chapter.
E. 
Public Property.
1. 
Should the grades or lines of the streets which the franchisee is hereby authorized to use and occupy be changed at any time during the term of the franchise granted, the franchisee shall, if necessary at its own expense, relocate or change its system so as to conform with any such new grades or lines.
2. 
Any alteration to the water mains, sewage or drainage system or to any City, State or other public structures in the street required on account of the presence of the system in the streets shall be made at the sole cost and expense of the franchisee. During any work on constructing, operating or maintaining of the system, the franchisee shall also, at its own cost and expense, protect any and all existing structures belonging to the City. All work performed by the franchisee pursuant to this Subsection shall be done in a workmanlike manner.
F. 
Interference With Public Projects. Nothing in this Chapter shall be in preference or hinderance to the right of the City or any board, authority, commission or public benefit corporation to perform or carry on any public works or public improvements of any description, and should the system in any way interfere with the construction, maintenance or repair of any such public works or public improvements, a franchisee shall, at its own cost and expense, protect or relocate its system, or part thereof, as reasonably directed by City Officials.
[Code 1974 §637.080; CC 1984 §7-8]
A. 
Books And Records. The franchisee shall keep full, true, accurate and current books of account, which books and records and all other pertinent books, records, maps, plans, financial statements and other like materials shall be made available for inspection and copying by the City upon reasonable notice and during normal business hours.
B. 
Communication With Regulatory Agencies. Copies of all petitions, applications, communications and reports submitted by a franchisee, and dealing with the system to the F.C.C. or any other Federal or State regulatory commission or agency having jurisdiction over matters affecting cable communications operations authorized pursuant to any franchise granted pursuant to this Chapter, shall be submitted to the Mayor on or before the date of filing. Public access to any such filings shall not be denied.
C. 
Reports.
1. 
Annual report. Ninety (90) days following the close of franchisee's fiscal year, it shall submit a written report to the City, which shall include:
a. 
A summary of the previous year's activities in development of this system including, but not limited to, services begun or dropped, subscribers gained or lost;
b. 
A financial statement including a statement of income and balance sheet;
c. 
A summary of complaints, identifying the number and nature of complaints and their disposition; and
d. 
A list of officers and members of the Board of the franchisee and any parent corporation.
If directed by the City Council, the annual report shall be presented at a public hearing at which the franchisee shall summarize the contents of the report and members of the general public may comment thereon.
2. 
Annual plant survey report. A franchisee shall prepare and submit within ninety (90) days following the close of franchisee's fiscal year a complete plat of its plant and cables to the City Council.
3. 
General report. A franchisee shall prepare and furnish to the City, as requested, any such reports with respect to its operation, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the functions of the City in connection with this Chapter.
D. 
Maintenance And Complaints.
1. 
A franchisee shall comply with all technical standards and specifications as required by the F.C.C.
2. 
A franchisee shall render efficient service, make repairs promptly and interrupt service only for good cause and for a reasonable time. Any such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.
3. 
A franchisee shall maintain an office in the County, which shall be open during all usual business hours, have a publicly listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received via telephone during regular business hours.
4. 
A franchisee shall maintain a repair and troubleshooting force capable of responding to subscriber complaints or request for services to the system within twenty-four (24) hours after receipt of the complaint or request. No direct charge shall be made to the subscriber for this service.
5. 
A franchisee shall ensure that all subscribers, programmers and members of the general public have recourse to a satisfactory hearing of any complaint. The City shall work closely with a franchisee and members of the public to establish procedures for handling and settling complaints. A franchisee shall present to the City, no later than six (6) months after the effective date of its franchise, a set of rules, regulations and procedures concerning the handling and settling of complaints.
E. 
Safety.
1. 
A franchisee shall at all times comply with the United States Occupational Safety and Health Act of 1971 and rules and regulations adopted by the Occupational Safety and Health Administration. A franchisee shall also comply with all relevant existing City regulations governing employee safety.
2. 
A franchisee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the City Electrical Code and all rules and regulations appertaining thereto in such a manner that they will not interfere with any installations of the City or any public utility.
F. 
Receiver Sales And Service Prohibited. A franchisee shall not engage in the business of selling, servicing, installing or leasing television or radio receivers without the specific authorization of the City. The City shall authorize the aforementioned activities only if there is no other means of providing the service.
[Code 1974 §637.090; CC 1984 §7-9]
A. 
Rate Increases And Decreases. Any increase or decrease in rates that exceeds the cost of living index as prepared by the Federal Department of Labor or similar index must be submitted to the City Council sixty (60) days prior to filing of annual financial report for City Council approval. Any such approval shall be deemed to be granted if not disapproved within sixty (60) days after submission.
B. 
Standard Review Of Rates. The City Council shall review and approve or disapprove an increase or decrease of rates as provided for herein on the basis of what is fair to the consumer and fair to the system operator and shall be limited to the following factors: faithfulness of the operator in abiding by the terms of the ordinance and franchise; the quality of the service, efficiency of the operator; revenues and profits from all services offered; depreciated original cost of the cable plant and associated equipment; and a fair rate of return with respect to the cost of borrowing and rates of return in investments having corresponding risk. The value of the franchise, good will and the value of the going concern shall not be amortized as an expense and a return shall not be paid on any of these values. The City Council shall decide the reasonableness of rate increases as herein provided and shall have the right to request from a franchisee any such information as may be necessary to determine whether a rate increase is reasonable.
C. 
Schedule Of Rates. A franchisee shall annually file with the City Council a full schedule of all rates and all other charges made in connection with the system. Any special rates for large institutions, motels, multiple-family dwelling units or any other type of subscriber shall be included. All rates shall be published and non-discriminatory.
D. 
Advance Charges And Deposits. A franchisee may require subscribers to pay for each month of basic service in advance at the beginning of each month. No other advance or deposit of any kind shall be required by a franchisee for basic subscriber service. Nothing in this provision shall be construed to prohibit charges for or waiver of charges for initial installation or reconnection. Franchisee may charge a penalty for delinquent payments.
E. 
Disconnection. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee or any other properly due fee or charge, a franchisee may disconnect the subscriber's service outlet; provided however, that such disconnection shall not be effected until thirty (30) days after the due date of the delinquent fee or charge and shall include ten (10) days' written notice of the intent to disconnect addressed to the street address in question. If a subscriber pays thirty (30) days after payment is due and after notice of disconnection has been given, a franchisee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, a franchisee shall promptly reinstate the subscriber's cable service.
F. 
Refunds To Subscribers And Users.
1. 
If a franchisee fails to provide any service requested by a subscriber or user, a franchisee shall, after being afforded a reasonable opportunity to provide the service, not to exceed six (6) months, promptly refund all deposits or advance charges paid for the service in question by the subscriber or user. This provision does not alter a franchisee's responsibility to subscribers and users under any separate contractual agreements a franchisee might have with subscribers or users or relieve a franchisee of liability for fines under this Chapter that may be assessed by the City or damage that might result to the City or any subscriber promised.
2. 
If any subscriber terminates any monthly service during the first twelve (12) months thereof because of failure of a franchisee to render the service in accordance with the standards set forth in this Chapter, a franchisee shall refund to the subscriber an amount equal to the installation or reconnection charges paid by the subscriber multiplied by the fraction of the twelve (12) month period for which the subscriber will not be receiving service. In the event that the subscriber had made an advance payment, the amount paid shall be refunded by the franchisee. This provision does not relieve a franchisee of liability established in other provisions in this Chapter.
[Code 1974 §637.100; CC 1984 §7-10]
A. 
Payment To The City.
1. 
As compensation for a franchise granted pursuant to this Chapter and in consideration of permission to use the streets and public ways of the City for the construction, operation, maintenance and reconstruction of a cable system within the City, a franchisee shall pay to the City an amount equal to three percent (3%) of the franchisee's gross revenues per year from all cable services in the City. Three (3) years following the granting of the franchise, this fee may be reviewed on an annual basis by the City but shall not exceed the base rate approved by the F.C.C. without justification. Any such rate may be passed onto subscribers by the franchise holder.
2. 
In addition to the above compensation, franchisee shall pay to the City for each pole owned by the City and used in the system each year the sum of five dollars ($5.00) per pole per year.
3. 
Payments due the City under Subsection (A)(1) shall be computed quarterly, for the preceding quarter, as of March thirty-first (31st), June thirtieth (30th), September thirtieth (30th) and July thirty-first (31st) and pole charges annually following the close of franchisee's fiscal year. Each quarterly payment shall be due and payable no later than thirty (30) days after the relevant computation date. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be necessary for the City to compute the accuracy of the payment.
4. 
No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Chapter. All amounts paid shall be subject to audit and recomputation by the City. In the event that recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) interest charge.
5. 
Nothing in this Section shall limit a franchisee's liability to pay other local taxes.
6. 
A franchisee shall pay all necessary expenses incurred by the City in connection with the processing of a certificate of compliance with the F.C.C. by the franchisee.
B. 
Damages And Defense.
1. 
The franchisee shall pay all damages and penalties which the City may legally be required to pay as a direct or indirect result of the exercise of any franchise granted pursuant to this Chapter.
2. 
A franchisee shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsection (B)(1) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the City Counselor's office, or any employees of the City.
C. 
Liability And Indemnification.
1. 
A franchisee shall maintain, and by its acceptance of a franchise specifically agree to maintain throughout the term of its franchise, liability insurance insuring the City and itself with regard to all damage mentioned in Subsection (B) above in the minimum amounts of:
a. 
Three hundred thousand dollars ($300,000.00) for bodily injury or death to any one (1) person or five hundred thousand dollars ($500,000.00) for bodily injury or death resulting from any one (1) accident to any number of persons; and
b. 
One hundred thousand dollars ($100,000.00) for property damage resulting from any one (1) accident.
2. 
A franchisee shall maintain, throughout the term of its franchise, a faithful performance bond running to the City, executed by a surety company authorized to do business as surety in the State, in the penal sum of one hundred thousand dollars ($100,000.00) conditioned upon a franchisee's performance of each term and condition of its franchise and each term and condition of this Chapter and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and sureties thereof by the City for all damages proximately resulting from the failure of a franchisee to well and faithfully observe and perform any provision of this Chapter and its franchise. The cost of the bond to the franchisee shall be deducted from the gross receipts tax provided for in Subsection (A)(1).
3. 
Upon the effective date of a franchise, a franchisee shall furnish proof to the City that a satisfactory insurance policy has been obtained. The insurance policy shall be approved by the City Counselor, and the insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with the Mayor.
D. 
Security Fund.
1. 
Within thirty (30) days after the effective date of a franchise, a franchisee shall deposit with the City Treasurer, who shall deposit the money in an interest-bearing escrow account to which only the City Treasurer has access and maintain on deposit through the term of its franchise, the sum of two thousand five hundred dollars ($2,500.00) in cash, which will be in addition to the performance bond provided for in Subsection (C) above and service as security for the faithful performance by it of all the provisions of this Chapter. The franchisee shall be entitled to accrued interest.
2. 
Within thirty (30) days after notice to a franchisee that any amount has been withdrawn from the security fund deposited pursuant to Subsection (D)(1), a franchisee shall pay to or deposit with the City Treasurer a sum of money sufficient to restore the security to the original amount of two thousand five hundred dollars ($2,500.00).
3. 
If a franchisee fails to pay the City any compensation within the fixed time herein, or fails after thirty (30) days' notice to pay to the City taxes due and unpaid, or fails to repay to the City within thirty (30) days any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of a franchisee in connection with this Chapter, or fails after three (3) days' notice by the Mayor of failure to comply with any provision of this franchise which the Mayor reasonably determines can be remedied by an expenditure of the security, the City Clerk immediately may withdraw the amount thereof, with interest and penalties, from the security fund. Upon withdrawal, the City Clerk shall notify the franchisee of the amount and date thereof. The cash deposit shall be retained by the City and returned to a franchisee at the expiration of its franchise, provided there is then no outstanding default on the part of the franchisee.
4. 
The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this Chapter or authorized by law, and no action, proceeding or exercise of a right with respect to any such security shall affect any other right the City may have.
[Code 1974 §637.120; CC 1984 §7-12]
A. 
Discriminatory Employment Practices Prohibited. A franchisee shall not deny service, deny access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, ancestry, sex or handicap. A franchisee shall strictly adhere to the equal employment opportunity requirements of the F.C.C. as expressed in Sections 76.13(a) and 76.311 of Chapter 1 of Title 47 of the Code of General Regulations. A franchisee shall comply at all times with all other applicable Federal, State, County and City laws and all executive and administrative orders relating to non-discrimination.
B. 
Cable Tapping Prohibited. Neither a franchisee nor the City shall tap, or arrange for the tapping or permit any other person to tap either expressly or impliedly through their knowledge, any cable, line, signal input device or subscriber outlet or receiver for any purpose whatsoever.
C. 
Sale Of Subscriber Lists Prohibited. A franchisee shall not sell, or otherwise make available, lists of the names and address of its subscribers or any list which identifies by name subscriber viewing habits to any person, agency or entity for any purpose whatsoever without the specific authorization of the City, expressed by resolution, except upon request of potential lease channel users. Upon this event, the list may be used only to the extent necessary to make full use of the leased channel.
[Code 1974 §637.130; CC 1984 §7-13]
A. 
Compliance With Laws. The franchisee shall comply with all Federal and State laws, as well as the provisions of this Code and other City ordinances and resolutions heretofore or hereafter adopted or established during the entire term of its franchise, and consistent with.
B. 
No Recourse Against The City. A franchisee shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Chapter or any franchise granted pursuant hereto or because of the enforcement of this Chapter or any franchise granted pursuant hereto.
C. 
Non-Enforcement By City. Franchisee shall not be relieved of its obligation to comply with any of the provisions of this Chapter by reason of failure of the City to enforce prompt compliance. Nor shall any inaction by the City be deemed to waive a provision of this Chapter.
D. 
Day-To-Day Enforcement. The day-to-day enforcement of the provisions of this Chapter shall be the responsibility of the City Administrator.
E. 
Additional Regulations. The City reserves the right to adopt, in addition to the provisions contained in this Chapter, any such additional regulations as it shall find necessary in the exercise of its Police power; provided however, that any such regulations are reasonable and not materially in conflict with the privileges granted in this Chapter.
F. 
Subsequent Action By State Or Federal Agencies. Should the State, the F.C.C. or any other agency of government subsequently require the franchisee to deliver any signals in addition to those required by this Chapter, or to perform or cease to perform any act which is inconsistent with any provision of this Chapter, the franchisee shall so notify the City.
G. 
Delegation Of Functions. Any function or responsibility granted to the Mayor or the City Council pursuant to this Chapter may be delegated by the City Council to a board, commission or officer designated by the Mayor with a right of appeal to the City Council.
[Code 1974 §637.140; CC 1984 §7-14]
A. 
The franchisee shall comply with the rules and standards for cable television operations, as adopted by the F.C.C., and as may be amended thereafter.
B. 
The cable system shall be capable of delivering all National Television Systems Committee (NTSC) color and monochrome standard signals, developed and presented to the F.C.C. on July 21, 1953, to standard Electronic Industries Association approved television receivers without noticeable degradation.
C. 
The system shall be capable of delivering all signals meeting the FM transmission standards of the F.C.C. to Electronic Industries Association stereophonic or monaural FM receivers.
[Code 1974 §637.150; CC 1984 §7-15]
A. 
All financial reports prepared for the City by a franchisee shall be prepared by a certified public accountant and all records maintained by the franchisee shall conform to generally accepted accounting principles applied on a consistent and fair basis.
B. 
Financial reports and records shall be applied on a consistent basis for the purpose of payment of franchise fees to the City, making rates and determining depreciated system value pursuant to sale or transfer of the system.