[Ord. No. 327 §1(1.1), 11-13-1995]
This Chapter shall be known as the Lincoln, Missouri Communications
System Franchise Ordinance.
[Ord. No. 327 §1(1.2), 11-13-1995]
A.
The
purposes of this Chapter are:
1.
To grant a franchise with accompanying terms and conditions to communications,
cable television or telephone companies seeking to distribute and
transmit audio, video, voice and data signals by use of telephone
wire, coaxial cable or fiber optic cable in public rights-of-way within
the City; and
2.
To provide for the payment of a franchise fee to the City for the
use of said City rights-of-way and to compensate the City for costs
associated with administering and regulating the Chapter.
[Ord. No. 327 §2, 11-13-1995]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning defined herein,
unless the context clearly indicates that another meaning is intended.
Words used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number.
The Board of Aldermen of the City of Lincoln, Missouri.
The Cable Communications Policy Act of 1984, 47 U.S.C. Section
521 et seq., and such future legislation as may amend or supersede
it.
The Cable Television Consumer Protection and Competition
Act of 1992 and such future legislation as may amend or supersede
it.
A brand of frequencies, in the electromagnetic spectrum,
capable of carrying one (1) audio-visual television signal.
Lincoln, Missouri, in its present form or in any later reorganized,
consolidated, enlarged or reincorporated form, which is legally authorized
to grant communications system franchises for cable television, telephones
or both under State and Federal law pursuant to this Chapter. The
City may also be referred to as the "franchising authority".
The system of antennas, towers, satellite earth stations;
microwave, coaxial cable, fiber optics, waveguides or other conductors,
converters, equipment and facilities designed and constructed for
the purpose of producing, receiving, transmitting, amplifying and
distributing audio, video, digital and other forms of electronic and
electrical signals to persons who subscribe to programs and services
delivered by such signals. Said definition shall not include any such
facility that serves only subscribers in one (1) or more multiple-unit
dwellings under common ownership, control or management and does not
use City rights-of-way.
The system of antennas, towers, satellite earth stations,
microwave, coaxial cable, telephone cable, fiber optics, waveguides
or other conductors, converters, equipment and facilities designed
and constructed for the purpose of producing, receiving, transmitting,
amplifying and distributing two-way or multiple-way audio, video,
digital and other forms of electronic and electrical signals to persons
who subscribe to programs and services delivered by such signals.
The Federal Communications Commission.
The rights granted pursuant to this Chapter to construct,
own and operate a communications system for cable television, telephones
or both along the public ways within the legal and geographic limits
of the City, including all territory which may be hereafter annexed
to the City. No franchise will be granted for any communications system
which at any time will contain less than the total area of the City.
Lincoln, Missouri, its Board of Aldermen acting as the City's
duly elected Governing Body, its lawful successor or such other duly
authorized body or individual who has the legal authority to grant
communications system franchises for cable television, telephones
or both pursuant to this Chapter or who has the authority to represent
or act on behalf of the City in matter relevant to this Chapter.
A person or business entity or its lawful successor or assignee
which has been granted a franchise by the Board of Aldermen pursuant
to this Chapter.
As the term is used in calculating franchise fees, means
any and all revenues actually received by, rather than merely billed
by, the grantee from the operation of the communications system within
the City after deducting the following:
Any fees or assessments levied on subscribers or users of the
system which are collected by the grantee for payment to a governmental
entity;
Franchise fees paid by the grantee to the City;
State or local sales or property taxes imposed on the grantee
and paid to a governmental entity; and
Federal copyright fees paid by the grantee to the Copyright
Tribunal in Washington, D.C.
From 8:30 A.M. to 5:00 P.M. Monday through Friday and either
one (1) evening Monday through Friday from 5:00 P.M. to 8:00 P.M.
or Saturday 8:30 A.M. to 12:00 Noon.
Those service conditions which are within the control of
the grantee such as special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, maintenance or
upgrade of the communications system but not including natural disasters,
civil disturbances, power outages, communications network outages
occurring outside the grantee's proprietary communications systems
and severe or unusual weather.
May extend and be applied to bodies politic and corporate
and to partnerships and other unincorporated associations.
The surface, the air space above the surface and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways
or other public right-of-way including public utility easements or
rights-of-way and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the City which shall entitle
the City and the grantee to the use thereof for the purpose of installing
and maintaining the grantee's communication system.
Any public educational institution, including elementary
and secondary schools, junior colleges, colleges and universities.
The loss of picture or sound on one (1) or more channels.
Any person or entity receiving for any purpose any service
of a grantee, including:
From a communications system for cable television. Conventional cable television system service of retransmission of
television broadcast, radio signals, a grantee's original cablecasting,
local government, education and public access channels; and other
services not regulated by the Missouri Public Service Commission,
such as leasing of channels, data and facsimile transmission, pay
television, Internet or commercial service access, electronic mail
or data transmission, storage and retransmission and Police, fire
and similar public service communication;
From a communications system for telephone. All services regulated by the Missouri Public Service Commission,
including two- or multi-way transmission of audio, video, voice and
data signals.
[Ord. No. 327 §3, 11-13-1995]
A.
Pursuant
to the terms of this Chapter, a franchise may be granted to operate
and maintain a communications system for cable television, for telephone
or for both cable television and telephone in the City for a period
of not more than fifteen (15) years commencing on the date said grant
of the franchise is approved by ordinance. A performance review of
the entire franchise and operation shall be conducted annually. Said
franchise shall include the following:
1.
The non-exclusive right and privilege to construct, erect, operate
and maintain in, upon, along, across, above, over and under the streets,
alleys, public utility easements, public ways and public places now
laid out or dedicated and all extensions thereto in the City, according
to the technical specifications of the Federal Communications Commission
or the Missouri Public Service Commission, as the case may be, all
poles, wires, cables, underground conduits, manholes and other conductors
and fixtures necessary for the transmission of communication signals
and all other signals permitted by the Federal Communications Commission,
the Missouri Public Service Commission or their successor agencies,
either separately or upon or in conjunction with any public utility
maintaining the same in the City, with all of the necessary and desirable
appliances and appurtenances pertaining thereto. Without limiting
the generality of the foregoing, this franchise and grant shall and
does hereby include the right in, over, under and upon the streets,
sidewalks, alleys, public utility easements and public grounds and
places in the City to install, erect, operate or in any way acquire
the use of, as by leasing or licensing, all lines and equipment necessary
to a communication system and the right to make connections to subscribers
and the right to repair, replace, enlarge and extend said lines, equipment
and connections. A grantee shall have authority to trim trees that
overhang the public right-of-way only when absolutely necessary and
then in a good and workmanlike manner. This franchise and grant includes
the right to use public property which shall have been acquired by
the City in the future as well as public property currently owned
by it, upon approval being granted by the Board of Aldermen.
2.
The above grant shall include the right to offer communication service
to residents within the present boundaries of the City as those boundaries
may change from time to time by annexation or otherwise. Whenever
a grantee receives a request for service from at least ten (10) single-family
residence connections within one thousand five hundred (1,500) feet
of its distribution cable, it shall extend the system to such subscribers
at no cost to the subscribers other than the usual connection and
service fees for all subscribers, provided that such system extension
is technically and physically feasible. Measurement of the general
density standard for service to any area shall be from the closest
existing point of the grantee's system. No person, firm or corporation
in the grantee's service area shall be arbitrarily refused service.
However, in unusual circumstances, such as a requirement for underground
cable that requires rock saw or service to subscribers of a density
of less than ten (10) single-family residences per one thousand five
hundred (1,500) feet of distribution cable, in order that the existing
subscribers shall not be unfairly burdened, service may be made available
on the basis of a capital contribution by the prospective subscriber(s)
to the grantee, including reimbursement for the grantee's cost of
materials, labor and easements.
[Ord. No. 327 §4, 11-13-1995]
A.
Payment Of Annual Fee. Each grantee shall pay a franchise
fee for the use of the City's rights-of-way and to compensate the
City for all costs associated with administering and regulating the
communications systems. The amount of the franchise fee shall be three
percent (3%) of the grantee's annual gross receipts as defined herein.
Such sums shall be payable quarterly on the first (1st) day of the
month after the end of the quarter or within forty-five (45) days
thereafter during the term of the franchise. Franchise fee installments
become delinquent forty-five (45) days after the first (1st) day of
the month in which they come due and a charge of nine percent (9%)
of an installment will be made on each delinquent installment. An
accounting of the source and amount of the fee shall accompany each
payment. Each grantee agrees to require its independent auditor to
furnish a letter to City, as part of its annual audit of the grantee,
stating the proper franchise fee amount. Each grantee shall be entitled
to list the franchise fee as a separate line item on monthly bills.
B.
Reporting And Auditing Of Fee Payments. At the franchising
authority's request, each grantee shall file a detailed report showing
the grantee's gross receipts for the quarter and the amount of franchise
fees due to the City. The grantee shall have an obligation to maintain
financial records of its gross receipts and grantee fee payments for
audit purposes for a period of three (3) years and the franchising
authority shall have the right to audit the grantee's books at the
offices where such books are maintained, provided that said books
or duplicate copies thereof shall be located in the State of Missouri.
[Ord. No. 327 §5, 11-13-1995]
A.
All
charges to subscribers shall be consistent with a schedule of fees
for services offered and established by the grantee. Rates shall be
non-discriminatory in nature and uniform to persons of like classes,
under similar circumstances and conditions, except where necessary
to meet competition. Except where said rates are governed by State
law or subject to regulation by the Public Service Commission of the
State of Missouri or the Federal Communications Commission or their
successor agencies:
1.
A grantee may offer different or discounted rates at its discretion
in order to meet competition or for promotional purposes may establish
different rates for different classes of subscribers where appropriate,
such as offering discounted rates to low income individuals or groups.
Each grantee shall provide a ten percent (10%) discount to senior
citizens (age sixty-five (65) or over) on basic cable service charges.
2.
Each grantee shall inform each new subscriber and all subscribers,
annually and upon request, in writing, of all applicable services
and the fees and charges for such service.
3.
Each grantee may, at its own discretion and in a non-discriminatory
manner, waive, reduce or suspend connection fees, monthly service
fees or other charges on a one-time or monthly basis for promotional
purposes.
4.
This Section shall not prevent a grantee from refusing service to
any person because the grantee's prior accounts with that person remain
due and owing.
5.
A grantee may offer service which requires advance payment of periodic
service charges. A customer shall have the right, at any time, to
have service disconnected with a refund of any pre-paid but unused
service charges within the time frame set forth herein.
6.
Each grantee will provide the City with thirty (30) days' advance
written notice of any change in rates and charges whenever possible.
7.
Information. Customers must be notified through
announcements on the communications system and in writing of any changes
in rates, programming services or channel positions. This notice must
be at least thirty (30) days in advance when it pertains to basic,
tiered or pay channel services.
8.
Billing. Each grantee shall utilize clearly written
and fully itemized bills covering all activities during the billing,
including optional charges, rebates and credits, and shall respond
to written complaints within fifteen (15) days of receipt.
9.
Late fees. A subscriber may be assessed a late fee
of five dollars ($5.00) when his/her account becomes delinquent forty-five
(45) days from his/her billing cycle date. No late fees are assessed
on balances less than ten dollars ($10.00). This fee may be changed
upon sixty (60) days' notice with the approval of both parties.
10.
Refunds. Refund checks will be issued promptly,
but not later than either:
a.
The customer's next billing cycle following resolution of the request
or thirty (30) days, whichever is earlier, or if later;
b.
The return of the equipment supplied by a grantee if service is terminated.
c.
Credits for service will be issued no later than the customer's next
billing cycle following the determination that a credit is warranted.
d.
If any subscriber's service is out of order for more than forty-eight
(48) consecutive hours during the month, a grantee will credit the
account of that subscriber on a pro rata basis upon the subscriber's
request. The credit will be calculated using the number of twenty-four
(24) hour periods that service is impaired and the number of channels
on which service is impaired as a fraction of the total number of
days in the month that the service impairment occurs and the total
number of channels provided by the system in the absence of an impairment.
11.
Refusal of service. No person, firm or corporation
within the service area of any grantee, and where trunk lines are
in place, shall be refused service; provided however, that a grantee
shall not be required to provide service to any subscriber who does
not pay the applicable connection fee or service charges.
[Ord. No. 327 §6, 11-13-1995]
A.
Minimum Customer Service Standards. A grantee operating
a communications system for cable television shall comply with the
customer service obligations for cable television systems set forth
by the Federal Communications Commission and all amendments thereto.
A grantee operating a communications system for telephone shall comply
with the customer service obligations for telephone systems set forth
by the Federal Communications Commission and the Missouri Public Service
Commission and all amendments thereto. A grantee operating a communications
system for both cable television and telephone shall comply with the
customer service obligations for cable television and telephone systems
set forth by the Federal Communications Commission and the Missouri
Public Service Commission and all amendments thereto and where there
is a conflict between said obligations, shall comply with the obligations
which deliver the better service to customers.
B.
Grantee's Office Location And Telephone Service.
1.
A grantee shall file with the City, upon request, copies of all of
its rules and regulations in connection with the handling of inquires,
requests and complaints and shall furnish in writing to subscribers,
at the time they connect to the system, information concerning procedures
for making inquires, requests and complaints about the system.
2.
Each grantee shall, at a minimum, maintain a regional customer service
center with toll-free telephone numbers for the purpose of receiving
inquiries, requests and complaints concerning all aspects of the establishment,
construction, maintenance and operation of the system within the boundaries
of the State of Missouri to permit the grantee's customer service
and technical personnel to promptly respond to all customer service
requests or technical problems which may arise as further described
below.
3.
A live customer service representative must be available to respond
to telephone inquiries during normal business hours. A grantee shall
maintain telephone answering service or an answering machine to receive
service calls after normal business hours twenty-four (24) hours per
day. A listed local telephone number or toll-free (800) number shall
be made available to subscribers for service calls. Routine inquiry
received after normal business hours must be responded to by a trained
company representative on the next business day. Under normal operating
conditions, telephone answer time from "when the connection is made"
shall not exceed thirty (30) seconds, including wait time. Transfer
time, if needed, also shall not exceed thirty (30) seconds. A caller
may receive a busy signal only three percent (3%) of the time. The
standard must be met ninety percent (90%) of the time, measured quarterly.
4.
A grantee will not be required to acquire equipment or perform surveys
to measure compliance with the telephone answering standards above
unless a historical record of complaints indicates a clear failure
to comply.
C.
Customer Service Response Time. Under normal operating conditions,
each of the following standards will be met no less than ninety-five
percent (95%) of the time measured on a quarterly basis:
1.
Each grantee shall begin working on service interruptions promptly,
but no later than twenty-four (24) hours after learning of the outage
and must begin working on other service problems not later than the
next business day.
2.
Each grantee shall begin working immediately upon notification on
service interruptions involving loss of picture or sound to all channels.
Each grantee shall make available a technician. A sufficient number
of designated technicians to provide prompt service and repairs to
all of the grantee's facilities and equipment shall be on call twenty-four
(24) hours a day to respond via phone or paging system. Said technicians
shall be fully trained, qualified and authorized to perform such duties.
3.
A grantee shall give notice of planned interruptions of service,
insofar as possible, to subscribers twenty-four (24) hours in advance.
Said interruptions shall occur during periods of minimum use of the
system.
4.
A grantee will install service in individual residences or apartment
units within five (5) working or business days after installation
is requested by the owner or possessor of the individual resident
or apartment unit, subject to permits required or the availability
of materials required for an installation. This response time does
not apply when installation is requested by the owner or operator
of an apartment house or complex, a motel or hotel, a rooming or boarding
house, a health care facility or a nursing home or other extended
health care facility for the personal use of anyone other than said
owner or operator. This response time does not apply where the installation
is the result of a special promotion and the normal and customary
installation fee is reduced.
5.
Service appointment alternatives may not exceed a four (4) hour time
black during normal business hours. For customers with no one regularly
at home, a grantee agrees to advise the customer by telephone of the
expected arrival time of the service technician so that the customer
might meet the technician on site.
6.
An appointment may only be canceled prior to the close of business
on the day before the scheduled appointment. If a technician is running
late, the customer must be contacted not later than the scheduled
appointment time and the appointment rescheduled as necessary at a
specific time convenient to the customer.
D.
Complaint Procedure. Each grantee shall investigate all
complaints within five (5) days of the receipt of same and shall in
good faith attempt to resolve any such complaints swiftly and equitably.
The grantee shall record the date and substance of each complaint
received and the date and nature of action taken by the grantee to
respond to such complaint and shall permit City to review and, for
a reasonable amount, copy such records. The grantee shall also maintain
one (1) or more telephone lines, directly connected to the office
where grantee's general manager is located, which may be reached by
calling a local telephone number for the City or by a toll-free number
and shall publish said telephone number or numbers so that they are
easily available to subscribers in local telephone directories, in
literature published by grantee for the use of its subscribers and
in other publications commonly used by other businesses in the City.
E.
Consumer Protection. The grantee shall not, without good cause, fail to make available service to prospective subscribers nor shall the grantee terminate service without good cause. Service shall be provided to all interested customers where economically feasible and consistent with the line extension provisions contained in Section 610.040 of this Chapter. Unless a written contract exists between the grantee and a subscriber, service shall be on a month-to-month basis.
F.
Protection Of Privacy. Each grantee and the City will constantly
guard against possible abuses of the right of privacy or other rights
of any subscriber or person. In particular, grantees shall comply
with the privacy provisions of the Cable Communications Policy Act
of 1984, 47 U.S.C. Section 551.
1.
A grantee of a communications system for cable television shall not
permit the transmission of any signal, aural, visual or digital from
any subscriber's premises without first obtaining the informed consent
of the subscriber, which shall not have been obtained from the subscriber
as a condition of any service for which transmission is not an essential
element. The request for such consent shall be contained in a separate
document which enumerates and describes the transmissions being authorized
and includes a prominent statement that the subscriber is authorizing
the permission in full knowledge of its provision and shall be revocable
at any time by the subscriber without penalty of any kind whatsoever.
This provision is not intended to prohibit the use or transmission
of signals useful only for the control or measurement of system performance
or used only for billing subscribers or providing basic or optional
services.
2.
A grantee of a communications system for cable television shall not
permit the use of any special terminal equipment in any subscriber's
premises that shall permit transmission from the subscriber's premises
of two-way services utilizing aural, visual or digital signals without
first obtaining written permission of the subscriber as provided above.
3.
A grantee of a communications system for cable television or telephone
or any of its agents or employees shall not, without the specific
written authorization of the subscriber involved, sell or otherwise
make available to any party any list which identifies the viewing,
calling or transmission or retransmission habits or responses of individual
subscribers.
G.
Grantee's Remedies For Non-Payment Of Subscriber Fees — Complaints
— Requests For Service.
1.
Each grantee has the right to use normal methods of collection of
amounts owned by a subscriber, at its sole discretion, including disconnection
of services for non-payment of subscriber fees, and may bring action
in any court to recover unpaid fees and any other damages caused by
any subscriber.
2.
Each grantee shall respond to and resolve subscriber's complaints
or request for service in connection with repairs and maintenance
and malfunctions of system facilities and shall respond to and correct
such complaints or requests as soon as possible after receipt of the
complaint or request for service. A grantee may, however, charge for
a service call when such service call proves to be customer related
as opposed to system related. Customer related problems are those
arising from, but not limited to, equipment owned by the customer
or equipment owned by the grantee which has been damaged by the negligent
or deliberate acts of the customer. System related refers to the deficiency
in or failure of any equipment owned by a grantee, whether or not
leased to any customer.
3.
The Mayor is designated by the City as having primary responsibility
for the continuing administration of the franchise and implementation
of complaint procedures.
4.
Each grantee shall establish procedures for receiving, acting upon
and resolving subscriber complaints as outlined in Federal Communications
Commission rules and regulations or in applicable rules of the Missouri
Public Service Commission and shall furnish a notice of such procedure
to each subscriber at the time of initial subscription to the system.
[Ord. No. 327 §7, 11-13-1995]
A.
Grantee
shall provide, without charge, one (1) service outlet activated for
basic subscriber service to each Police station, fire station, public
school, public library and the City office. If it is necessary to
extend grantee's trunk or feeder lines more than two hundred (200)
feet solely to provide service to any such school or public building,
the City or the building owner or occupants shall have the option
of either paying grantee's direct costs for line extensions in excess
of two hundred (200) feet or releasing the grantee from the obligation
to provide service to such building. Furthermore, grantee shall be
permitted to recover the direct cost of installing cable service,
when requested to do so, in order to provide:
[Ord. No. 327 §8, 11-13-1995]
A.
Insurance.
1.
Comprehensive liability insurance. Upon acceptance
of a franchise, each grantee shall file with the City Clerk and shall
thereafter during the entire term of such franchise maintain in full
force and effect a single limit comprehensive liability policy of
insurance with limits of not less than one million dollars ($1,000,000.00)
each occurrence and five million dollars ($5,000,000.00) aggregate
and of such insuring institution's form and substance as shall be
approved by the City Attorney and which shall insure the grantee and
shall name the City as a co-insured and provide primary coverage for
the City, its officers, boards, commissions, agents and employees
against liability for loss or damage for personal injury, death and
property damage occasioned by any activity or operation of the grantee
under such franchise and which shall contain and include a standard
cross-liability endorsement thereto. All such policies shall provide
that the issuing insurance company will not cancel them without at
least ten (10) days' prior notice to the grantee and the City.
2.
Corporate surety bond re City. Each grantee, by
acceptance of this franchise, shall file with the City Clerk and shall
thereafter during the entire term of such franchise maintain in full
force and effect a corporate surety bond or other adequate surety
agreement, approved by the Mayor and Board of Aldermen, in the penal
sum total of ten thousand dollars ($10,000.00) conditioned that in
the event the grantee shall fail to comply with any one (1) or more
of the provisions of such franchise, then there shall be recoverable
jointly and severally from the principal and surety any damages or
costs suffered or incurred by the City or by any subscriber as a result
thereof, including attorneys' fees and costs of any action or proceeding
and including the full amount of any compensation, indemnification,
cost of removal of any property or other costs which may be incurred
up to the full principal amount of such bond; and said condition shall
be a continuing obligation during the entire term of such franchise
and thereafter until the grantee shall have satisfied in full any
and all obligations to the City and any subscriber which arise out
of or pertain to said franchise. Neither the provisions of this Section,
nor any bond accepted by the City pursuant thereto, nor any damages
recovered by the City thereunder shall be construed to excuse faithful
performance by the grantee or limit the liability of the grantee under
any franchise issued pursuant to this Chapter. The rights reserved
to the City with respect to said bond are in addition to all other
rights of the City whether reserved by this franchise or authorized
by law and no action, proceeding or exercise of a right with respect
to such bond shall affect any other rights of the City or any subscriber.
B.
Indemnification.
1.
Hold harmless agreement. The grantee, by acceptance
of this franchise, shall indemnify and hold harmless the City, its
officers, boards, commissions, agents and employees against and from
any and all claims, demands, causes of actions, actions, suits, proceedings,
damages (including, but not limited to, damages to City property and
damages arising out of copyright infringements and damages arising
out of any failure by the grantee to secure consents from the owners,
authorized distributors or licensees of programs to be delivered by
the grantee's communications system), costs or liabilities (including
costs or liabilities of the City with respect to its employees) of
every kind and nature whatsoever including, but not limited to, damages
for injury or death or damage to person or property and, regardless
of the merit of any of the same, against all liability to others and
against any loss, cost and expense resulting or arising out of any
of the same, including any attorney fees, accountant fees, expert
witness or consultant fees, court costs, per diem expense, traveling
and transportation expense or other costs or expense arising out of
or pertaining to the exercise or the enjoyment of any franchise hereunder
by the grantee or the granting thereof by the City.
2.
Defense of litigation. Each grantee, by acceptance
of any franchise granted under this Chapter, shall, at the sole risk
and expense of the grantee and upon demand of the City made by and
through the City Attorney, appear in and defend any and all suits,
actions or other legal proceedings, whether judicial, quasi judicial,
administrative, legislative or otherwise, brought or instituted or
had by third (3rd) persons or duly constituted authorities against
or affecting the City, its officers, boards, commissions, agents or
employees and arising out of or pertaining to the exercise or the
enjoyment of such franchise or the granting thereof by the City.
The grantee shall pay and satisfy and shall cause to be paid
and satisfied any judgment, decree, order, directive or demand rendered,
made or issued against the grantee the City, its officers, boards,
commissions, agents or employees in any of these premises; and such
indemnity shall exist and continue without reference to or limitation
by the amount of any bond, policy of insurance, deposit, undertaking
or other assurance required hereunder or otherwise; provided, that
neither the grantee nor City shall make or enter into any compromise
or settlement of any claim, demand, cause of action, action, suite
or other proceeding without first obtaining the written consent of
the other.
3.
Recourse against City. Grantee shall have no recourse
or remedy whatsoever against the City for any loss, cost, expense
or damage arising out of or with respect to any franchise hereunder
or this Chapter or the enforcement thereof.
[Ord. No. 327 §9, 11-13-1995]
A.
All
communication system facilities shall be installed, repaired and replaced
by a grantee or by someone in its behalf and the grantee shall be
solely responsible for and shall pay the expenses thereof, including
the cost of promptly restoring the surface of any street, alley, other
public way or any point of excavation, whether on public or private
property. All such facilities erected, constructed or replaced by
the grantee within the City, including extensions of streets, alleys
and other public ways and places, shall be erected so as to cause
no interference with the rights or reasonable convenience of users
or property owners whose property adjoins any of said streets, alleys
or public ways and places and so as not to interfere with existing
public utility installations or extensions thereof or repair to either.
All service lines shall be underground in those areas of the City
where either public utilities providing telephone or electric utility
facilities are underground at the time of installation; otherwise
the grantee may install its services above ground. If, subsequently,
the electric utility facilities go underground, then in that event
the facilities of the grantee also shall go underground simultaneously
and the grantee shall pay for the costs of the same. The grant of
authority hereunder includes the right of the grantee to cut and trim
trees to protect its facilities and grantee shall pay for the costs
of the same. Each grantee accepts all legal and economic responsibility
for actions taken to protect its system, including the cutting and
trimming of trees.
B.
Each
grantee shall have the right to make underground cable installations
on property of the City consistent with existing underground installations
for other utilities and the City will make appropriate grants of easement
to grantee in such cases. A grantee shall advise the City in advance
of any excavation to be performed by the grantee. A grantee shall
make no installation of poles on or adjacent to any public way or
public property without the consent of the City.
C.
During
the term hereof, each grantee shall be responsible for all costs of
moving any portions of the system in the event the City finds that
the public needs require changes in the location or use of any public
property, including streets, grades and curbs and sewer and water
mains.
D.
A grantee
may be required by the City to permit joint use by utilities of the
grantee's system facilities located in the streets, alleys or other
public right-of-way in the City insofar as such joint use reasonably
may be practicable and upon payment of reasonable rental therefor.
E.
Each
grantee shall construct, install, operate and maintain its system
in a manner consistent with all Federal, State, County and City laws,
ordinances, construction standards and governmental requirements and
with technical standards of the Federal Communications Commission
or the Missouri Public Service Commission as the case may be. In addition,
each grantee shall provide the City, upon request, with a written
report of the results of the grantee's proof of performance tests
conducted pursuant to the Federal Communications Commission standards
and requirements.
F.
Construction,
installation and maintenance of the grantee's system shall be accomplished
in an orderly workmanlike manner. All cables and wires shall be installed
parallel with electric and telephone lines, where practicable. Multiple
cable configurations shall be arranged in parallel and shall be bundled
with due respect for engineering considerations. Each grantee shall
provide the City with reports, every three (3) months during construction,
of the progress made in constructing and activating the system.
G.
The
system shall not endanger or interfere with the safety of persons
or property in the franchise area or in other areas in which a grantee
may have equipment activated or situated.
H.
Any
antenna structure used in the system shall comply with construction,
marking and lighting of antenna structures as may be required by the
United States Department of Transportation.
I.
All
working facilities and conditions existing during construction, installation
and maintenance of the system shall comply with the standards of the
Federal and State Occupational Safety and Health Administration.
J.
Each
grantee shall at all times comply with the following:
1.
National Electric Safety Code (National Bureau of Standards), as
existing and as subsequently amended.
2.
National Electric Code (National Bureau of Fire Underwriters), as
existing and as subsequently amended.
3.
Bell System Code of Pole Line Construction, as existing and as subsequently
amended.
4.
Applicable Federal Communications Commission, Missouri Public Service
Commission or other Federal, State and local regulations and codes,
as existing and as subsequently amended.
K.
RF
leakage shall be checked at reception locations for emergency radio
services to prove no interference signal combinations are possible.
Stray radiation shall be measured adjacent to any proposed aeronautical
navigation radio sites to prove no interference to airborne navigational
reception in the normal flight patterns. Federal rules and regulations
shall govern.
L.
Tests
and measurements to insure compliance with technical standards shall
be performed by the grantee in a manner that is consistent with the
provisions and standards of the Federal Communications Commission
or the Missouri Public Service Commission, as the case may be and
as amended from time to time. Results of all tests and measurements
required to be taken by the grantee shall be recorded, maintained
and made available to the City upon request. Where there exists evidence
which, in the judgment of the Board of Aldermen, casts doubt on the
reliability or quality of cable service, the City shall have the right
to require the grantee to perform tests and analyses directed toward
such suspected inadequacies. The grantee shall fully cooperate with
the City in performing such testing and shall prepare results and
a report, if requested, within thirty (30) days after notice. Such
report shall include the following information: The nature of the
complaint or problem which precipitated the special tests; what system
components were tested; equipment used and procedure employed in testing;
the method, if any, in which such complaint or problem was resolved;
and any other information pertinent to said tests and analyses which
may be required. The City may require that tests be supervised, at
the grantee's expense, by a licensed professional engineer. The engineer
shall certify all records of special tests and forward to the City
such records with a report interpreting the results thereof and recommending
actions to be taken, if any. The City's right pursuant hereto shall
be limited to requiring tests, analyses and reports pertaining to
specific subjects and characteristics based on complaints or sufficient
evidence which the City has grounds to believe will require testing
to be performed to protect the public against substandard cable service.
In the event that the supervising engineer reports that action is
necessary on the part of the grantee, the grantee will take such action
within seven (7) days of notice thereof.
M.
Each
grantee shall put, keep and maintain all parts of the system in good
condition throughout the entire period of the franchise and shall
render efficient service, make repairs promptly and interrupt service
only for good cause and for the shortest time possible.
N.
Each
grantee shall not allow its cable or other operations to interfere
with television reception of persons not served by the grantee, nor
shall the system interfere with, obstruct or hinder in any manner
the operation of the various utilities serving the residents within
the confines of the City.
O.
Each
grantee of a franchise for a communications system for cable television
shall maintain at a minimum, throughout the lifetime of this franchise,
the technical standards and quality of said service set forth by Federal
Communications Commission rules and regulations and grantee will at
its sole expense update and improve its system. The standard for determining
quality and equipment will be based upon service and equipment which
is technologically and economically reasonable and, to a lesser extent,
based upon service and equipment provided to similar sized communities
by unrelated cable companies in similar circumstances.
P.
The
communications system of a grantee given a franchise for a communications
system for cable television shall produce a picture, whether in black
and white or in color, accompanied with proper sound on typical standard
production television sets in good repair that is as good as the Federal
Communications Commission technical rules require. Grantee shall limit
failures to a minimum by locating and correcting malfunctions promptly,
but in no event longer than three (3) days after written notice by
the City to grantee unless the failure is beyond the control of the
grantee.
Q.
Each
grantee of a communications system for cable television shall operate
said system in conformance with the laws of the State of Missouri
and with the Federal Communications Commission Technical Standards,
47 C.F.R. Section 76.601, et seq., as from time to time amended. Should
there be any modifications of the provisions of said standards which
are inconsistent with the franchise hereby granted, this Chapter shall
be amended so as to conform to such modifications within one (1) year
after the effective date of the Federal Communications Commission's
adoption of the modification. Each grantee will advise the City of
any such modifications to said rules and standards quarterly.
R.
Each
grantee of a communications system for cable television shall carry
on the system all required broadcast signals pursuant to the Federal
Communications Commission signals carriage rules and such other broadcast
signals as are set forth in the grantee's application.
S.
Each
grantee of a communications system for cable television or telephone
shall maintain current, up-to-date maps and plans of the entire system
and shall file the same with the City promptly if requested by the
City. Where underground installations are involved, the City will
not be responsible for damage to such underground facilities until
the maps and plans of the system, in the hands of the City, have been
updated to show such underground installations. Maps and plans provided
to the City shall be at the expense of the grantee.
T.
Each
grantee of a communications system for cable television shall design,
install, maintain and test said system to conform to the technical
performance specifications of the Federal Communications Commission
as outlined in Sections 76.601 through 76.630, RSMo., as from time
to time amended; and, in addition, to:
1.
Carry two-way digital signal transmission;
2.
Provide subscribers with a parental control locking device that permits
inhibiting the viewing of premium channels, at no cost to subscribers;
3.
Ensure, in the event a franchisee offers programming which features
nudity, "adult language", "adult content", or a rating more restrictive
than PG-13, that both the parental lockout and scrambling on this
programming must be tested to fully scramble all video signals and
either eliminate or fully scramble all audio signals; and
4.
Have the capacity to carry high-definition television (HDTV) signals
on all television channels offered by the grantee at or within one
(1) year of the time that minimum standards are enacted by Statute
or regulation for the transmission of said HDTV signals, either by
themselves or in combination with other forms of digital television
signals or present analog signals.
U.
Additional Services. Each grantee of a franchise for a communications
system for cable television may also engage in the business of:
1.
Transmitting original cablecast programming not received through
television broadcast signals;
2.
Transmitting television pictures, film and videotape programs, not
received through broadcast television signals, whether or not encoded
or processed to permit reception by only selected receivers or subscribers;
3.
Transmitting and receiving data signals and other signals which can
be so handled without licenses or permits of the Missouri Public Service
Commission including, but limited to, access to the entity or form
of data communications now known as the "Internet".
[Ord. No. 327 §10, 11-13-1995]
A.
Procedures In The Event Of Alleged Violations. A grantee may be penalized by the City in the event of a substantial violation or breach of a material provision of this Chapter or for willful failure, refusal or neglect by the grantee to comply with any of the requirements of this Chapter or any of the Statutes, rules and regulations applicable to the franchise of the grantee. If the City believes that such a substantial violation or breach of material provision of this Chapter has occurred, the following procedures in Subsection (B) through and including Subsection (D) of this Section shall be followed. If the City believes the grantee has willfully failed, refused or neglected to comply with any of the requirements this Chapter or any of the Statutes rules and regulations applicable to the franchise of the grantee, then the procedures set forth in Subsection (E) of this Section shall be followed.
B.
Notice, Response And Opportunity To Cure Alleged Violations. The City shall notify the grantee in writing of any alleged violations
or failure to meet any of the terms or provisions of this Chapter.
The grantee shall be given thirty (30) days from the date of receipt
of such notice to respond in writing, stating its explanation for
the alleged violations and what actions, if any, have been or are
being taken to cure such breach; and the City shall hold a public
hearing at the regular meeting of the Board of Aldermen immediately
following the expiration of said thirty (30) day period.
C.
Public Hearing. The City shall hold a public hearing providing
due process at which testimony and evidence shall be heard concerning
the alleged violation. Representatives of the City and the grantee
shall be permitted to address the subject of the alleged violation(s)
and related issues at the public hearing. The grantee may submit evidence
to the City that it is diligently pursuing reasonable actions to cure
the alleged violation or that there are circumstances beyond its control
(force majeure) which prevent the grantee from curing the alleged
breach until some future date. Such showings shall be sufficient to
relieve the grantee from an alleged breach of this Chapter or its
franchise. In such cases, the City may require the grantee to provide
periodic reports updating the City on progress being made to cure
any unresolved problem.
D.
Notice And Cure Of Franchise Violations. If, following a
public hearing, the City believes that the grantee has failed to comply
with the construction, operational or maintenance standards contained
herein and that the said failure to comply will not be cured within
a one hundred twenty (120) day period from the date of the original
notice of violation, the City shall order and grantee shall pay to
the City twenty-five dollars ($25.00) per day for each day or part
thereof that such non-compliance continues and may seek and make claim
for said sums from the bond required of the grantee.
E.
Default, Revocation Of Franchise. In addition to all other
rights and powers of the City by virtue of this Chapter or otherwise,
the City reserves the right to terminate and cancel any franchise
granted and all rights and privileges of the grantee arising hereunder
in the event that the grantee:
1.
Violates any material provision of this Chapter, the ordinance granting
the franchise of the grantee or any rule, order or determination of
the Board of Aldermen made pursuant to this authority, except where
such violation (other than provisions concerning transfer without
prior Board of Aldermen approval) is beyond the control of the grantee;
2.
Becomes insolvent or is unable or unwilling to pay its debts or is
adjudged bankrupt or placed in receivership or is no longer authorized
to do business in the State of Missouri;
3.
Attempts to dispose of any of the facilities or property of its system
in violation of the terms of this Chapter or the ordinance granting
the franchise of the grantee;
4.
Attempts to evade any of the material provisions of this Chapter
or the ordinance granting the franchise of the grantee or practices
any fraud or deceit upon the City;
5.
Fails to begin or complete construction and/or fails to provide services
as required herein;
6.
Fails to restore system wide service following seventy-two (72) consecutive
hours of interrupted service, except where prior approval of such
interruption shall have been obtained from the City or in the event
that any such action is caused by acts of God, national emergency,
war, strikes or other actions beyond the control of the grantee;
7.
Is found to have misrepresented any material fact in its application;
and
a.
Any termination proceeding initiated by the City shall occur only
after thirty (30) days' written notice to the grantee. The grantee
shall have an opportunity to respond to such a claim at a public hearing
held in this matter by the Board of Aldermen. Grantee shall be a necessary
party to all public hearings regarding operations or termination of
said franchise.
b.
Upon termination, cancellation or expiration of the grantee's franchise,
the City shall have the right to require the grantee to remove, at
the grantee's own expense, all portions of the system from all public
ways within the City within ninety (90) days of said termination,
cancellation or expiration. Any of the grantee's property not removed
within said ninety (90) day period shall be deemed abandoned. By action
of this Chapter, such abandoned property shall be the property of
the City. Should the City invoke this paragraph, grantee may nonetheless
negotiate a sale of the system subject to this Chapter and consent
to such sale shall not be unreasonably withheld.
[Ord. No. 327 §11, 11-13-1995]
A.
Any
franchise granted herewith shall be a privilege to be held in personal
trust by the original grantee. It cannot in any event be sold, transferred,
leased, assigned or disposed of, in whole or in part, either by forced
or involuntary sale or by voluntary sale, merger, consolidation or
otherwise, without prior consent of the Board of Aldermen and then
only under such conditions as may therein be prescribed. Any such
transfer or assignment shall be made only by an instrument in writing,
such as a bill of sale or similar document, a duly executed copy of
which shall be filed in the office of the City Clerk within thirty
(30) days after any such transfer or assignment. The said consent
of the Board of Aldermen may not be unreasonably refused; provided
however, the proposed assignee must show financial responsibility
as determined by the Board of Aldermen and must agree to comply with
all provisions of the franchise; and, provided further, that no such
consent shall be required for a transfer in trust, mortgage or other
hypothecation, in whole or in part, to secure an indebtedness, except
that when such hypothecation shall exceed fifty percent (50%) of the
market value of the property used by the grantee in the conduct of
the communications system for either cable television or telephone,
prior consent of the Board shall be required for such a transfer.
Such consent shall not be withheld unreasonably.
B.
In
the event that grantee is a corporation, prior approval of the Board
of Aldermen, expressed by resolution, shall be required where there
is an actual change in control or where ownership of more than fifty
percent (50%) of the voting stock of the grantee is acquired by a
person or group of persons acting in concert, none of whom already
own fifty percent (50%) or more of the voting stock, singly or collectively.
Upon the foreclosure or 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 grantee shall notify the
City of such fact and such notification shall be treated as a notification
that a change in the control of the grantee has taken place and the
provisions of this Chapter governing the consent of the Board of Aldermen
to such change in control of the grantee shall apply.
C.
No
person granted a franchise to operate a communications system for
either cable television or telephone, or both, under authority from
the City shall acquire or sell or conspire to acquire or sell, directly
or indirectly, controlling interest in another company or person and/or
the whole or any part of the assets of another company or person also
granted a franchise to operate a communications system for either
cable television or telephone, or both, under authority from the City,
the effect of which acquisition or sale may substantially lessen competition
or tend to create a monopoly without the consent of the City.
This provisions is material and relevant to the City, its officials,
employees and citizens and is designed to promote fair and honest
commerce in the City. Any act in derogation of or deceit including,
but not limited to, the use of management agreements, non-action,
consulting agreements and non-competition agreements between principals
(or their relatives) of any companies to circumvent this provision
shall be considered a violation of same. Any use of straw parties
or persons holding legal, but not beneficial interest, shall likewise
be considered a violation of this Section.
D.
The
provisions of this Section are material and relevant to the City and
shall be strictly enforced. Any violation or attempted violation by
any grantee or any provision of this Section may result in termination
of that grantee's franchise at the option of the City, but only after
a public hearing shall be had, as well as any and all other remedies
available to the City including, but not limited to, forfeiture by
the grantee to the City of the purchase price or any other consideration
derived by the grantee from any such unlawful sale or transfer. The
provisions of this Section shall also be enforceable by extraordinary
remedies (injunction, etc.) at the option of the City.
In addition to purely civil options set out herein, any violation
of this Section shall likewise be punishable by a fine not greater
than five hundred dollars ($500.00) or a jail sentence no greater
than ninety (90) days, or both.
[Ord. No. 327 §12, 11-13-1995]
The City may decide to renew a franchise granted under this
Chapter if the grantee files a written request for such a renewal.
At the time of such request, the City may update this Chapter and
re-evaluate the needs of the community for cable service and the performance
of the grantee. To the extent applicable, the Cable Acts of 1992 and
1994 shall govern the procedures and standards for renewal of any
franchise awarded pursuant to this Chapter. To the extent that the
Cable Acts are not applicable, the City in its sole discretion and
judgment shall have the right to grant, deny or conditionally grant
renewal of a franchise, provided that the City shall not unreasonably
refuse to renew the franchise or unreasonably condition the renewal.
Unless otherwise agreed upon, any amended cable ordinance or provision
thereunder adopted before the franchise renewal shall take effect
at the franchise renewal. When the City approves a franchise renewal,
the grantee shall accept the renewed franchise by a letter from a
corporate officer attested to by the corporation secretary if the
grantee is a corporation; by a member or manager, as permitted by
the operating agreement if the grantee is a limited liability company;
or by a general partner if the grantee is a limited or general partnership.
[Ord. No. 327 §13, 11-13-1995]
A.
It
shall be unlawful and a municipal ordinance violation for any person
to:
1.
Make any unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a grantee's
communications system for cable television or telephone without payment
to the grantee or its approved successors, assigns or lessees.
2.
Without the consent of the grantee, willfully tamper with, remove
or injure any cable, wire or other equipment used for the distribution
of voice, audio, video or data signals or any other information or
intelligence transmitted over a grantee's communications system for
cable television or telephone.
[Ord. No. 327 §14, 11-13-1995]
A.
Compliance With State And Federal Law.
1.
Each grantee and the City shall at all times comply with all applicable
State and Federal laws and the applicable rules and regulations of
administrative agencies. If the Federal Communications Commission
(FCC) or any other Federal or State governmental body or agency enacts
any law or regulation or exercises any paramount jurisdiction over
the subject matter of this Chapter or any franchise granted hereunder,
the jurisdiction of the City shall cease and no longer exist to the
extent such superseding jurisdiction shall pre-empt or preclude the
exercise of like jurisdiction by the City.
2.
City rules and regulations. Each grantee shall be
subject to all ordinances, rules, regulations and specifications of
the City heretofore or hereafter established including, but not limited
to, those pertaining to works and activities in, on, over, under and
about streets. The right is hereby reserved to the City to adopt,
in addition to the provisions herein contained and any other existing
applicable ordinances, such additional applicable ordinances as it
shall find necessary in the exercise of its Police power; provided
however, that such additional ordinances shall be reasonable, shall
not conflict with or substantially alter the rights granted herein
and shall not conflict with the laws of the State of Missouri, the
laws of the United States of America or the rules, regulations and
policies of the Federal Communications Commission.
B.
Notice To The Grantee. Except as otherwise provided in this
Chapter, the City shall not meet to take any action involving the
grantee's franchise unless the City has notified the grantee by certified
mail at least thirty (30) days prior to such meeting as to its time,
place and purpose. The notice provided for in this Section shall be
in addition to, and not in lieu of, any other notice to the grantee
provided for in this Chapter.
C.
Street Occupancy. Grantee shall utilize existing poles,
conduits and other facilities whenever possible but may construct
or install new, different or additional poles, conduits or other facilities
whether on the public way or on privately-owned property with the
written approval of the appropriate government authority and, if necessary,
the property owner. Such approval shall not be unreasonably withheld
by the governmental agency.
1.
All transmission lines, equipment and structures shall be so installed
and located as to cause minimum interference with the rights and appearance
and reasonable convenience of property owners who adjoin on any public
way and at all times shall be kept and maintained in a safe condition
and in good order and repair. The grantee shall at all times employ
reasonable care and shall use commonly accepted methods and devices
for preventing failures and accidents which are likely to cause damage,
injuries or nuisances to the public.
2.
Grantee shall have the authority to trim trees on public property
at its own expense as may be necessary to protect its wires and facilities
subject to the direction of the franchising authority or other appropriate
governmental authority.
3.
Grantee shall, at the expense of grantee, protect, support, temporarily
disconnect or temporarily relocate any property of grantee when, upon
the request of the Board of Aldermen, the same is required by reason
of freeway or street or other public works construction, change or
establishment of street grade, installation of sewers, drains, water
pipes, power lines, signal line or movement of buildings. Grantee
shall also repair, replace or reconstruct property of the City or
its residents and business that is damaged by the construction or
operation of grantee's cable television franchise.
4.
In the event the use of any part of the system of grantee is discontinued
for any reason for a continuous period of thirty (30) days without
prior written notice to and approval by the Mayor or in the event
any part of such system has been installed in any street or other
area without complying with the requirements hereof or in the event
any franchise shall be terminated, canceled or shall expire, grantee
shall, at the option of the City and at the expense of grantee and
at no expense to the City, promptly remove from any street or other
area all property of grantee and grantee shall promptly restore the
street or other area from which such property has been removed to
such condition as the Mayor shall approve; provided the Board of Aldermen
may, upon written application therefor by grantee, approve the abandonment
of any of such property in place by grantee and under such terms and
conditions as the Board of Aldermen may prescribe; and upon abandonment
of any such property in place, grantee shall cause to be executed,
acknowledged and delivered to the City such instruments as the City
Counselor shall prescribe and approve, conveying the ownership of
such property to the City.
5.
Upon the failure, refusal or neglect of grantee to cause any work
or other act required by law or by this Chapter to be completed in,
on, over or under any street within any time prescribed therefor or
upon notice given, where notice is prescribed, the Mayor may cause
such work or other act to be completed in whole or in part and upon
so doing shall submit to grantee an itemized statement of the costs
thereof and grantee shall, within thirty (30) days after receipt of
such statement, pay unto the City the entire amount thereof.
6.
Unless otherwise provided in any given instance, where any time is
prescribed herein for the doing or causing to be done of any act,
the Board of Aldermen for good cause, stated in writing, may extend
any time for two (2) additional periods of not to exceed ninety (90)
days each. Further, the running of any time period specified herein
shall be automatically tolled whenever and so long as the certificate
of compliance issued by the Federal Communications Commission to the
grantee is the subject of a petition for stay, petition for review
or appeal filed with any State or Federal Court.
D.
Access To Public And Private Property.
1.
Grantee shall have the right to enter and have access to the property
and premises of the City or that of any subscriber for purposes of
installing cable TV service. Grantee shall also have the right to
enter and have access to the property and premises of any subscriber,
under due process of the law, for the purpose of recovering and removing
grantee's property and equipment when a subscriber's service is terminated
and a subscriber refuses to return such equipment to the grantee.
2.
Upon request by grantee, the City may, at its sole option, promptly
exercise any rights it may have to permit or enable grantee to utilize
easements with respect to any residential multiple-unit dwelling,
trailer park, condominium, apartment complex, subdivision or other
property as required to facilitate grantee's use thereof for purposes
of providing system service to the tenants, residents or lawful occupants
thereof. In any such proceeding, the retribution to the owner for
the amount of space utilized by the system, considering the enhanced
value to the premises resulting from the installation of cable television
facilities, shall be a one-time charge of one dollar ($1.00) per dwelling
unit. Grantee shall reimburse City for all costs incurred in this
process.
E.
Force Majeure. No grantee shall be responsible for delays
in construction or extension of the system for any cause wholly beyond
grantee's control, including acts of God, fire, flood, earthquakes,
extraordinary delays in transportation, strikes, embargoes, enemy
action, energy shortages and similar events. In the event of such,
the City will reasonably grant extensions so long as the event is
beyond the control of the grantee.
F.
Inspection Of Property And Records.
1.
Grantee shall at all reasonable times, and to the extent necessary
to carry out the provisions of this Chapter, permit any duly authorized
agent or representative of the City to examine all franchise property
of grantee, together with any appurtenant property of grantee situated
within or without the City and to examine and transcribe any and all
maps and other records kept or maintained by grantee or under the
control or direction or at the request of grantee which treat of the
franchise operations, affairs, transactions or property of grantee.
2.
Any of such maps or other records which are not situated within the
City and which are not made available in the City within a reasonable
time after written request therefor by the City Administrator or the
City Counselor shall be produced for examination wherever the same
shall be situated and grantee shall pay all travel and other expenses
necessarily or reasonably incurred by the City, its agents and representatives
in making such examination.
3.
Grantee shall prepare and furnish to the City Administrator, at such
times and in such form as prescribed by the City Administrator, references
and materials with respect to the operations, affairs, transactions
or property of the grantee as may be reasonably necessary or appropriate
to the performance of any of the duties of the City Administrator.
G.
Non-Discrimination. Each grantee shall neither refuse to
hire nor discharge from employment nor discriminate against any person
in compensation, terms, conditions or privileges of employment because
of age, sex, race, color, creed or national origin. Each grantee shall
insure that employees and subscribers are treated without regard to
their age, sex, race, color, creed or national origin. Each grantee
shall not, as to rates, charges, services, service facilities, rules,
regulations or in any other respect, make or grant any preference
or advantage to any person.
H.
Grantee May Issue Rules. The grantee shall have the authority
to issue such rules, regulations, terms and conditions of its business
as shall be reasonably necessary to enable it to exercise its rights
and perform it services under this Chapter and the rules of the FCC
and to assure uninterrupted service to each and all of its subscribers.
Such rules and regulations shall not be deemed to have the force of
law.
I.
Prohibited Activities Of Grantee. Grantee shall be prohibited
from directly or indirectly doing any of the following:
1.
Engaging in the business of selling at retail, leasing, renting,
repairing or servicing of television sets or radios.
2.
Soliciting, referring or causing or permitting the solicitation or
referral of any business herein prohibited to be engaged in by grantee.
3.
Entering or encroaching upon or interfering with or obstructing any
private property without the expressed consent of the owner or under
due process of the law.
