[R.O. 2012 §630.010; Ord. No. 393 §1, 12-12-1995]
The City of Normandy (hereinafter referred to as "City") finds
that the development of modern telecommunications has the potential
of having great benefit and impact upon its citizens. Further, the
pace of telecommunications advance is accelerating rapidly and dramatically.
Video, voice, and data can now be carried anywhere in the State, or
Nation (and soon internationally), instantly over wire, glass fiber,
or through the air. Two (2) industries that were either de
jure or de facto monopolies — telephone
and cable television — are converging, becoming competitors
or collaborators, and confronting new competitors. Because of the
complex and rapidly changing technology associated with telecommunications,
the City further finds that the public convenience, safety and general
welfare can best be served by establishing regulatory powers which
should be vested in the City or such persons as the City shall designate.
[R.O. 2012 §630.020; Ord. No. 393 §2, 12-12-1995]
This Chapter shall be known and be cited as the "Telecommunications
Regulations".
[R.O. 2012 §630.030; Ord. No. 393 §3, 12-12-1995]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words in the singular number
include the plural number. The word "shall" is mandatory
and "may" is permissive. Words not defined shall
be given their common ordinary meaning.
The total of all the following:
The retransmission to all Subscribers of all local broadcast
television channel signals authorized by the FCC and for which Grantee
has received consent for carriage; and
The cablecasting to all subscribers of the Local Origination
Channel, and the Public, Education and Government Access signals;
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Basic cable service may be offered to subscribers in one (1)
or more levels or combinations of programs. However, for purposes
of rate regulation, if a more specific definition of a basic level
to which rate regulation shall be applicable is defined in a franchise
award ordinance, the definition in the franchise award ordinance shall
apply.
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A television or radio signal that is transmitted over the
air to a wide geographic audience and is received by a Cable Communications
System off-the-air or by microwave link.
A system of antennas, cables, amplifiers, towers, microwave
links, cablecasting studios, and any other conductors, converters,
equipment or facilities, designed and constructed for the primary
purpose of distributing signals to and from subscribers, and the secondary
purpose of producing, receiving, amplifying, storing, processing,
or distributing audio, video, data, or other forms of signals.
A non-broadcast signal that originates within the facilities
of the Cable Communication System.
A linear mile of cable as measured on the street or easement
from pole to pole or pedestal to pedestal.
The City of Normandy, Missouri, as presently constituted
and any areas subsequently annexed, and shall have the same meaning
as "Grantor" defined herein. For all regulatory purposes, "City" shall mean "NATA" in that the City of Normandy has
delegated all regulatory responsibility under this Chapter and any
granting ordinance to NATA.
Time and date when construction of the Cable Communications
System is considered to have commenced, which shall be when the preliminary
engineering (strand mapping) or network design is initiated, and after
all necessary permits and authorizations have been obtained.
Time and date when initial operation of the Cable Communications
System is considered to have commenced, which shall be when sufficient
distribution facilities have been installed so as to permit the offering
of full service to at least twenty percent (20%) of the dwelling units
located within the service area.
Any device which converts signal carriers from one form to
another.
The City Council of the City of Normandy.
Any channel where educational institutions are the primary
designated programmers.
The Federal Communications Commission and/or any legally
appointed or elected successor.
The non-exclusive rights granted pursuant to this Chapter
to construct and operate a Cable Communications System, which constitutes
a telecommunications system along the public ways within all of the
City. Any such authorizations, in whatever form granted, shall not
mean or include any license or permit required for the privilege of
transacting and carrying on a business within the City as required
by other ordinances and laws of this City.
A franchise award ordinance, accepted on the part of the
Grantee, containing the specific provisions of the franchise granted,
including referenced specifications, franchise applications, and other
related material. The franchise agreement may modify terms of this
Chapter by appropriate ordinance amendment or exception.
All charges imposed for a franchise.
Any "person" receiving a franchise pursuant
to this Chapter and under the granting franchise award ordinance,
and its lawful successor, trustee, receiver, transferee or assignee.
The City of Normandy, Missouri, as represented by its Governing
Body acting within the scope of its jurisdiction.
The annual gross revenues received from the operation of
the System (which shall include late fees, and any other revenues
of that type), except that any sales, excise or other taxes collected
for direct pass-through to local, State or Federal Government shall
not be included. If a more specific definition is set out in franchise
award ordinance, that definition shall prevail. Notwithstanding anything
to the contrary, the term "gross revenues" shall
not include any revenues derived directly or indirectly from ancillary
telecommunications services (including, but not limited to, point-to-point
telecommunications, telephony, data transmissions, etc.) unless all
other providers of such services in the City are subject to the same
or greater franchise fee, or gross receipts tax, or otherwise taxed
as the law allows.
That tax on utilities as defined and allowed under Ordinance No. 36 (see Section 625.040) of Grantor. In all contexts, a gross receipts tax shall only be collected on traditional cable television companies in the event that applicable law removes franchise limitations imposed on said cable television companies as currently exists under the Cable Communications Policy Act of 1984, as amended. In the event that a gross receipts tax is levied upon a cable television company, it shall be applied and enforced in the same way that same is applied to and enforced with telephony companies such as Southwestern Bell. In clarification of the above, this definition is designed to prevent Grantor from collecting both a gross receipts tax and franchise fee. It is the intention of the Grantor that a Grantee hereunder shall either be subject to a franchise fee, or a gross receipts tax, but not both.
The area of the City that will receive service initially,
as set forth in the franchise award ordinance.
That connection of the system from feeder cable to subscriber's
terminals.
Observing a communication signal, or the absence of a signal,
where the observer is neither the subscriber nor the programmer or
provider of service, whether the signal is observed by visual or other
means, for any purpose whatsoever. (Provided that monitoring shall
not include sweeps if the system, or any part thereof, is being swept,
by Grantee, Grantor, or a duly authorized agent of either Grantee
or Grantor, for the purpose of verifying system integrity, controlling
return path transmission or billing for any service.)
A signal that is transmitted by a telecommunications system
and that is not involved in an over-the-air broadcast transmission
path.
That entity established herein to assume the regulatory powers
of the City under this Chapter pursuant to the provisions of Sections
70.210 to 70.320, RSMo., as amended, which provisions state that political
subdivisions may cooperate with one another for common service and
mutual benefits. Wherever "City" is read herein in
a regulatory context, the term "City" shall mean
NATA.
Any lawfully enacted order, or law, of a political subdivision
of the State of Missouri, as defined by State Statute.
The delivery to subscribers, over the telecommunications
system, television signals for a fee or charge over and above the
charge for Basic Cable Service, in a per program, per channel or other
subscription basis.
The result expressed in percentage obtained by dividing the
total number of potential subscribers in the franchise area into the
number of subscribers receiving service from Grantee.
An individual, partnership, association, organization, corporation,
other entity or any lawful successor, transferee or assign thereof.
Any person or entity who or which produces or otherwise provides
program material or information from transmission by video, audio,
digital, or other signals, either live or from recorded tapes or other
stored media, to Subscribers, by means of telecommunications system.
A written notice addressed to the Grantee at its principal
office or such other office as the Grantee has designated to the City
as the address to which notice should be transmitted, which notice
shall be either sent by certified mail, Federal Express (or their
equivalents) and postmarked not less than ten (10) days prior to that
day, or delivered personally by Grantor by and through its representative.
In computing said ten (10) days, Saturday, Sundays and holidays recognized
by the City shall be excluded. Actual notice shall be an absolute
defense by the Grantor in any future action of any kind by Grantee
where proper notice shall be an issue.
A written order not excessive or extreme as to costs or time
to comply.
Any person residing in the City or as otherwise defined by
applicable law.
Any primary and secondary school, public, private, or parochial
school.
Any Section, Subsection, or provision of this Chapter.
The entire geographic area within the franchise territory.
The State of Missouri.
Includes each of the following which have been dedicated
to the public or hereafter dedicated to the public and maintained
under public authority or by others and located within the City limits:
Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements,
rights-of-way and similar public ways and extensions and additions
thereto, together with such other public property and areas that the
City shall permit to be included within the definition of street from
time to time.
Any person, firm, corporation, or other entity who or which
elects to subscribe to, for any purpose, service provided by Grantee
by means of or in connection with the telecommunications system.
That sufficient distribution facilities have been installed
by the Grantee so as to permit the offering of full network service
to at least ninety percent (90%) of the potential subscribers in the
service area.
The remaining portion of 1995. Thereafter, "year" means a full calendar year.
