[Ord. No. 4089 §1, 10-15-2007]
A.
To
the extent permitted by the 2007 Video Services Providers Act, the
City of Brentwood of the State of Missouri hereby ratifies all existing
agreements, franchises, and ordinances regulating cable television
operators and other video service providers, including the imposition
of a franchise fee of five percent (5%) imposed on the gross revenues
of all such providers, and further declares that such agreements,
franchises, and ordinances shall continue in full force and effect
until expiration as provided therein, or until pre-empted by the issuance
of video service authorizations by the Missouri Public Service Commission
or otherwise by law, but only to the extent of said pre-emption.
[Ord. No. 4089 §2, 10-15-2007]
A.
FRANCHISE AREA
GROSS REVENUES
1.
2.
3.
4.
5.
6.
a.
b.
c.
d.
e.
7.
HOUSEHOLD
LOW INCOME HOUSEHOLD
PERSON
SUBSCRIBER
VIDEO SERVICE
VIDEO SERVICE AUTHORIZATION
VIDEO SERVICE NETWORK
VIDEO SERVICE PROVIDER FEE
VIDEO SERVICE PROVIDER or PROVIDER
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
The total geographic area of the City authorized to be served
by an incumbent cable television operator or incumbent local exchange
carrier, or affiliate thereof.
The total amounts billed to subscribers or received from
advertisers for the provision of video services within the City, including:
Recurring charges for video service;
Event-based charges for video service, including, but not limited
to, pay-per-view and video-on-demand charges;
Rental of set top boxes and other video service equipment;
Service charges related to the provision of video service, including,
but not limited to, activation, installation, repair, and maintenance
charges;
Administrative charges related to the provision of video service,
including, but not limited to, service order and service termination
charges; and
A pro rata portion of all revenue derived, less refunds, rebates,
or discounts, by a video service provider for advertising over the
video service network to subscribers, where the numerator is the number
of subscribers within the City and the denominator is the total number
of subscribers reached by such advertising; but gross revenues do
not include:
Discounts, refunds, and other price adjustments that reduce
the amount of compensation received by a video service provider;
Uncollectibles;
Late payment fees;
Amounts billed to subscribers to recover taxes, fees, or surcharges
imposed on subscribers or video service providers in connection with
the provision of video services, including the video service provider
fee authorized herein;
Fees or other contributions for PEG or I-Net support; or
Charges for services other than video service that are aggregated
or bundled with amounts billed to subscribers, provided the video
service provider can reasonably identify such charges on books and
records kept in the regular course of business or by other reasonable
means. Except with respect to the exclusion of the video service provider
fee, gross revenues shall be computed in accordance with generally
accepted accounting principles.
An apartment, a house, a mobile home, or any other structure
or part of a structure intended for residential occupancy as separate
living quarters.
A household with an average annual household income of less
than thirty-five thousand dollars ($35,000.00) as determined by the
most recent decennial census.
An individual, partnership, association, organization, corporation,
trust, or government entity.
Any person who receives video services in the franchise area.
The provision of video programming provided through wireline
facilities, without regard to delivery technology, including Internet
protocol technology, whether provided as part of a tier, on demand,
or a per-channel basis, including cable service as defined by 47 U.S.C.
Section 522(6), but excluding video programming provided by a commercial
mobile service provider defined in 47 U.S.C. Section 332(d), or any
video programming provided solely as part of and via a service that
enables users to access content, information, electronic mail, or
other services offered over the public Internet.
The right of a video service provider or an incumbent cable
operator, that secures permission from the Missouri Public Service
Commission pursuant to Sections 67.2675 to 67.2714, RSMo., to offer
video service to subscribers.
Wireline facilities, or any component thereof, that deliver
video service, without regard to delivery technology, including Internet
protocol technology or any successor technology. The term "video service network" shall include cable television systems.
The fee imposed under Subsection (C) hereof.
Any person authorized to distribute video service through
a video service network pursuant to a video service authorization.
B.
General Regulations.
1.
A video service provider shall provide written notice to the City
at least ten (10) days before commencing video service within the
City. Such notice shall also include:
a.
The name, address and legal status of the provider;
b.
The name, title, address, telephone number, e-mail address, and fax
number of individual(s) authorized to serve as the point of contact
between the City and the provider so as to make contact possible at
any time (i.e., twenty-four (24) hours per day, seven (7) days per
week); and
c.
A copy of the provider's video service authorization issued by the
Missouri Public Service Commission.
3.
A video service provider shall not deny access to service to any
group of potential residential subscribers because of the race or
income of the residents in the area in which the group resides. A
video service provider shall be governed in this respect by Section
67.2707, RSMo. The City may file a complaint in a court of competent
jurisdiction alleging a germane violation of this Subsection, which
complaint shall be acted upon in accordance with Section 67.2711,
RSMo.
4.
A video service provider shall comply with all Federal Communications
Commission requirements involving the distribution and notification
of emergency messages over the emergency alert system applicable to
cable operators. Any video service provider other than an incumbent
cable operator serving a majority of the residents within a political
subdivision shall comply with this Section by December 31, 2007.
5.
A video service provider shall, at its sole cost and expense, indemnify,
hold harmless, and defend the City, its officials, boards, board members,
commissions, commissioners, agents, and employees against any and
all claims, suits, causes of action, proceedings, and judgments ("claims")
for damages or equitable relief arising out of:
a.
The construction, maintenance, repair or operation of its video services
network;
b.
Copyright infringements; and
c.
Failure to secure consents from the owners, authorized distributors,
or licenses or programs to be delivered by the video service network.
Such indemnification shall include, but is not limited to, the City's
reasonable attorneys' fees incurred in defending against any such
claim prior to the video service provider assuming such defense. The
City shall notify the provider of a claim within seven (7) business
days of its actual knowledge of the existence of such claim. Once
the provider assumes the defense of the claim, the City may at its
option continue to participate in the defense at its own expense.
This indemnification obligation shall not apply to any claim related
to the provision of public, educational, or governmental channels
or programming or to emergency interrupt service announcements.
C.
Video Service Provider Fee.
1.
Each video service provider shall pay to the City a video service
provider fee in the amount of five percent (5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The City may adjust the video service
provider fee as permitted in Section 67.2689, RSMo.
2.
A video service provider may identify and pass through on a proportionate
basis the video service provider fee as a separate line item on subscribers'
bills.
3.
The City, not more than once per calendar year and at its own cost,
may audit the gross revenues of any video service provider as provided
in Section 67.2691, RSMo. A video service provider shall make available
for inspection all records pertaining to gross revenues at the location
where such records are kept in the normal course of business.
D.
Customer Service Regulations.
1.
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
For purposes of this Section, the following terms shall mean:
Those hours during which most similar businesses in the community
are open to serve customers. In all cases the term normal business
hours must include some evening hours at least one (1) night per week
or some weekend hours.
Those service conditions which are within the control of
the video service provider. Those conditions which are not within
the control of the video service provider include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Those conditions
which are ordinarily within the control of the video service provider
include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the video system.
The loss of picture or sound on one (1) or more video channels.
2.
All video service providers shall adopt and abide by the following
minimum customer service requirements.
a.
Video service providers shall maintain a local, toll-free or collect
call telephone access line which may be available to subscribers twenty-four
(24) hours a day, seven (7) days a week.
b.
Video service providers shall have trained company representatives
available to respond to customer telephone inquiries during normal
business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an
answering machine. Inquiries received after normal business hours
shall be responded to, by a trained company representative, on the
next business day.
c.
Under normal operating conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30)
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards
shall be met no less than ninety percent (90%) of the time under normal
operating conditions, measured on a quarterly basis.
d.
Under normal operating conditions, the customer will receive a busy
signal less than three percent (3%) of the time.
e.
Customer service centers and bill payment locations shall be open
at least during normal business hours and shall be conveniently located.
f.
Under normal operating conditions, each of the following standards
shall be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
(1)
Standard installations shall be performed within seven (7) business
days after an order has been placed. "Standard" installation are those
that are located up to one hundred twenty-five (25) feet from the
existing distribution system.
(2)
Excluding conditions beyond the control of the operator, the
video service provider shall begin working on "service interruptions"
promptly and in no event later than twenty-four (24) hours after the
interruption becomes known. The video service provider must begin
actions to correct other service problems the next business day after
notification of the service problem.
(3)
The "appointment window" alternatives for installations, service
calls, and other installation activities will be either a specific
time or, at maximum, a four (4) hour time block during normal business
hours. The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.
(4)
A video service provider shall not cancel an appointment with
a customer after the close of business on the business day prior to
the scheduled appointment.
(5)
If a video service provider's representative is running late
for an appointment with a customer and will not be able to keep the
appointment as scheduled, the customer must be contacted. The appointment
shall be rescheduled, as necessary, at a time convenient for the customer.
h.
Credits for service shall be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
i.
Video service providers shall not disclose the name or address of
a subscriber for commercial gain to be used in mailing lists or for
other commercial purposes not reasonably related to the conduct of
the businesses of the video service provider or its affiliates, as
required under 47 U.S.C. Section 551, including all notice requirements.
Video service providers shall provide an address and telephone number
for a local subscriber to use without toll charge to prevent disclosure
of the subscriber's name or address.
3.
As required by Section 67.2692, RSMo., this Subsection (D) shall be enforced only as follows:
a.
Each video service provider shall implement an informal process for
handling inquiries from the City and customers concerning billing
issues, service issues, and other complaints. If an issue is not resolved
through this informal process, the City may request a confidential
non-binding mediation with the video service provider, with the costs
of such mediation to be shared equally between the City and the video
service provider.
b.
In the case of repeated, willful, and material violations of the
provisions of this Section by a video service provider, the City may
file a complaint on behalf of a resident harmed by such violations
with Missouri's Administrative Hearing Commission seeking an order
revoking the video service provider's Public Service Commission authorization.
The City or a video service provider may appeal any determination
made by the Administrative Hearing Commission under this Section to
a court of competent jurisdiction, which shall have the power to review
the decision de novo. The City shall not file a complaint seeking
revocation unless the video service provider has been given sixty
(60) days' notice to cure alleged breaches but has failed to do so.
E.
Public, Educational, And Government Access Programming.
1.
Each video service provider shall designate the same number of channels
for non-commercial public, educational, or governmental ("PEG") use
as required of the incumbent cable television franchisee as of August
28, 2007.
2.
Any PEG channel that is not substantially utilized by the City may
be reclaimed and programmed by the video service provider at the provider's
discretion. If the City finds and certifies that a channel that has
been reclaimed by a video service provider will be substantially utilized,
the video service provider shall restore the reclaimed channel within
one hundred twenty (120) days. A PEG channel shall be considered "substantially
utilized" when forty (40) hours per week are locally programmed on
that channel for at least three (3) consecutive months. In determining
whether a PEG channel is substantially utilized, a program may be
counted not more than four (4) times during a calendar week.
3.
The operation of any PEG access channel and the production of any
programming that appears on each such channel shall be the sole responsibility
of the City or its duly appointed agent receiving the benefit of such
channel, and the video service provider shall bear only the responsibility
for the transmission of the programming on each such channel to subscribers.
The City must deliver and submit to the video service provider all
transmissions of PEG content and programming in a manner or form that
is capable of being accepted and transmitted by such video service
provider holder over its network without further alteration or change
in the content or transmission signal. Such content and programming
must be compatible with the technology or protocol utilized by the
video service provider to deliver its video services. The video service
provider shall cooperate with the City to allow the City to achieve
such compatibility.
4.
The City shall make the programming of any PEG access channel available
to all video service providers in a non-discriminatory manner. Each
video service provider shall be responsible for providing the connectivity
to the City's or its duly appointed agent's PEG access channel distribution
points existing as of August 27, 2007. Where technically necessary
and feasible, video service providers shall use reasonable efforts
and shall negotiate in good faith to interconnect their video service
networks on mutually acceptable rates, terms, and conditions for the
purpose of transmitting PEG programming. A video service provider
shall have no obligation to provide such interconnection to a new
video service provider at more than one (1) point per headend, regardless
of the number of political subdivisions served by such headend. The
video service provider requesting interconnection shall be responsible
for any costs associated with such interconnection, including signal
transmission from the origination point to the point of interconnection.
Interconnection may be accomplished by direct cable microwave link,
satellite, or other reasonable method of connection acceptable to
the person providing the interconnect.
5.
The franchise obligation of an incumbent cable operator to provide
monetary and other support for PEG access facilities existing on August
27, 2007 shall continue until the date of franchise expiration (ignoring
any termination by notice of issuance of a video service authorization)
or January 1, 2012, whichever is earlier. Any other video service
provider shall have the same obligation to support PEG access facilities
as the incumbent cable operator, but if there is more than one (1)
incumbent, then the incumbent with the most subscribers as of August
27, 2007. Such obligation shall be prorated, depending on the nature
of the obligation, as provided in Section 67.2703.8, RSMo. The City
shall notify each video service provider of the amount of such fee
on an annual basis, beginning one (1) year after issuance of the video
service authorization.
6.
A video service provider may identify and pass through as a separate
line item on subscribers' bills the value of monetary and other PEG
access support on a proportionate basis.
[Ord. No. 4089 §5, 10-15-2007]
Any person found guilty of violating any provision of this Chapter shall be punished as set out in Section 100.080 of the City Code, and each day the violation continues shall constitute a separate offense.
