Cross Reference — Franchise agreements are kept on file in the village offices.
[R.O. 2012 §630.010; Ord. No. 611 Arts. I — II, 1-4-1996; Ord. No. 621 Arts. I — II, 12-5-1996]
All residents of the Village of Hanley Hills, Missouri, who wish to have a satellite dish which is more than two (2) feet in diameter upon his/her property, or upon the property occupied by said resident, must first apply for a permit and pay the one hundred dollar ($100.00) permit fee. Permits shall be freely granted upon the proper application accompanied by the fee.
All residents who have applied for a permit and paid the one hundred dollar ($100.00) permit fee for a satellite dish which is less than two (2) feet in diameter shall be entitled to a refund of said fee. To obtain a refund the resident must apply for same with proper documentation submitted to the Building Commissioner for approval. The Building Commissioner shall in his/her sole discretion determine the validity of the application and shall direct the Village Clerk to refund any legitimate applications. Proper documentation shall include, but not be limited to, proof of permit and payment of fee.
No person, firm or corporation, whether for himself/herself or itself, or as contractor or subcontractor, shall install a satellite dish which is more than two (2) feet in diameter upon property located within the Village unless a permit for installation has first been obtained from the Village pursuant to ordinance.
The penalty for violating this Section shall be a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
[R.O. 2012 §630.020; CC 1987 §86.300]
This Article shall be known and may be cited as the "Hanley Hills Cable Television Regulations". It shall be inserted in and made a part of the Code of Ordinances, Village of Hanley Hills, Missouri, and the Sections may be renumbered for such purpose.
[R.O. 2012 §630.030; CC 1987 §86.310]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, 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 word "shall" is always mandatory and not merely directory.
- The person, department, commission, committee or agency designated by the franchise authority by ordinance to act for it in administrative matters relating to cable television.
- AUXILIARY SERVICES
- Any communications service in addition to "regular subscriber services", including, but not limited to pay TV, burglar alarm service, data transmission, facsimile service, home shopping service, etc.
- CABLE TELEVISION SYSTEM or CATV SYSTEM
- Any facility that, in whole or in part, receives directly or indirectly over the air and amplifies or otherwise modifies the signals transmitting programs broadcast by one (1) or more television or radio stations and distributes such signals by wire or cable to subscribing members of the public who pay for such service.
- A band of frequencies six (6) megahertz wide in the electro-magnetic spectrum capable of carrying either one (1) audio-visual television signal and a new non-video signal or a large number of non-video signals.
- FEDERAL COMMUNICATIONS COMMISSION or FCC
- The present Federal agency of that name as constituted by the Communications Act of 1934 or any successor agency created by the United States Congress.
- An authorization granted by the franchise authority which permits the construction, operation and maintenance of a cable television system within the franchise area under the terms of this Article.
- FRANCHISE AREA
- That portion of the franchise entity for which a franchise is granted under the authority of this Article. The franchise area may or may not be conterminous with the franchise entity.
- FRANCHISE AUTHORITY
- The elected Governing Body of the franchise entity.
- FRANCHISE ENTITY
- The Village of Hanley Hills as presently constituted and including any area henceforth added thereto during the terms of any franchise granted hereunder.
- A holder of a cable television franchise issued by the franchise entity.
- GROSS REVENUES
- Those revenues derived directly or indirectly by a grantee from the supplying of regular subscriber service; that is, the installation fees, disconnect and reconnect fees, and fees for regular cable benefits including the transmission of broadcast signals and access and origination channels if utilized and, except as prohibited by law, revenues derived from auxiliary services or from any taxes collected from users, per-program or per-channel charges, leased channel revenues, advertising revenues, or any other income derived from the system.
- MAJOR STOCKHOLDER
- A beneficial owner, directly or indirectly, of ten percent (10%) or more of the issued and outstanding voting stock of any corporation.
- Any people, firms, corporations, associations, or other legally recognized entities.
- PUBLIC STREET
- The surface of and the space above and below any public street, avenue, highway, boulevard, concourse, driveway, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, alley, right-of-way, public utility easement, and any other public ground or water within or belonging to the franchise entity.
- REGULAR SUBSCRIBER SERVICE
- That service regularly provided to all subscribers. It includes all broadcast signal carriage, FCC-required access channel carriage including origination programming. It does not include specialized programming for which a per-program or per-channel charge is made.
- Any person receiving any subscriber service.
[R.O. 2012 §630.040; CC 1987 §86.320]
It shall be unlawful to commence or engage in the construction, operation or maintenance of a cable television system within the territorial boundaries of the franchise entity without first obtaining a franchise issued under the provisions of this Chapter. The franchise authority may, by ordinance, award a franchise to construct, operate and maintain a cable television system within all or any portion of the franchise entity to any person, whether operating under an existing franchise or not, who makes application for authority to furnish a cable television system which complies with the terms and conditions of this Chapter. Provided, that this Section shall not be deemed to require the grant of a franchise to any particular person or to prohibit the franchise authority from restricting the number of grantees should it determine such a restriction would be in the public interest.
[R.O. 2012 §630.050; CC 1987 §86.330]
Any franchise granted by the franchise authority shall be for a term of fifteen (15) years following the date such franchise is accepted by the grantee and, upon written application of the grantee, received not later than ninety (90) days prior to the expiration of the then current term of a franchise, and upon review of the performance of the grantee in a public proceeding, the franchise authority may renew the franchise for a period of five (5) years, with such modification of terms as the franchise authority may determine in each instance. Successive renewals may be granted for the same term and in the same manner without limitation as to the number of renewals to a single grantee.
[R.O. 2012 §630.060; CC 1987 §86.340]
In addition to all other rights and powers pertaining to the franchise entity by virtue of any franchise or otherwise, the franchise entity reserves the right to terminate and cancel any franchise and all rights and privileges of the grantee thereunder in the event that the grantee:
Violates any provision of the grantee's franchise, or any rule, order or determination of the franchise authority made pursuant to the franchise, except where such violation is without fault or through excusable neglect;
Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt;
Attempts to dispose of any of the facilities or property of its cable TV business to the detriment of its franchise; or
Attempts to evade any of the provisions of its franchise, or practices any fraud or deceit upon the franchise entity or the grantee's subscribers within the franchise entity.
Should the franchise authority determine that grantee is not, in its opinion, in compliance with this Article and any franchise issued thereunder, it shall so notify grantee, and grantee shall, within thirty (30) days, bring the franchised system into compliance, reporting corrective action taken to the franchise authority.
If the franchise authority is not satisfied that compliance has been achieved, or that good faith progress is being made toward compliance, it shall schedule a public hearing to determine whether the franchise should be revoked. The grantee and the public shall be given at least thirty (30) days' notice of such a hearing, and all interested parties shall be heard in open hearing. At the conclusion of the public hearing, the franchise authority shall determine whether the franchise shall be terminated and shall set forth, in writing, the facts and reasons upon which its decision is based.
[R.O. 2012 §630.070; CC 1987 §86.350]
Unless an exclusive franchise shall be expressly granted, any franchise granted under this Article shall be non-exclusive and nothing herein shall be construed to prevent the franchise authority from granting identical or similar franchises to more than one (1) person, within all or any portion of the franchise entity.
A grantee shall, at all times during the life of its franchise, be subject to the lawful exercise of the franchise entity's Police power and such reasonable regulations as the franchise authority or the agency may subsequently promulgate thereunder. Nothing contained in this Article shall be deemed to prohibit in any way the right of franchise entity to levy non-discriminatory occupational license taxes or any applicable tax authorized by State law on any activity conducted by grantee.
All privileges prescribed by such a franchise shall be subordinate to any prior lawful occupancy of the public streets, and the franchise authority reserves the right to reasonably designate where a grantee's facilities are to be placed within the public ways.
A franchise shall be a privilege which is personal to the original grantee. It shall not be sold, transferred, leased, assigned or disposed of, in whole or in part, either by sale, merger, consolidation or otherwise, without prior consent of the franchise authority expressed by ordinance and to an application for consent filed by the original grantee in writing with the franchise authority not less than thirty (30) days prior to the proposed date of the transfer and then only under such conditions as may therein be prescribed by the franchise authority. Any such transfer or assignment shall be made only by an instrument in writing, which shall include an acceptance of all terms and conditions of the franchise by transferee, a duly executed copy of which shall be filed with the agency within thirty (30) days after any such transfer or assignment.
Consent of the franchise authority shall not be granted until it has examined the proposed transferee's or assignee's legal, financial, technical, character and other qualifications to construct, operate and maintain a cable television system in the franchise entity and has afforded all interested parties notice and an opportunity to be heard on the question.
Consent of the franchise authority shall not be arbitrarily refused; provided, that the proposed assignee or transferee possesses the requisite qualifications and agrees, in writing, to comply with all provisions of the franchise and this Article.
Transfer of twenty percent (20%) or more of the voting securities of a corporate grantee to a person not presently a stockholder shall be deemed to be a transfer of control of the franchise which shall require consent of the franchise authority under this Article.
No such consent shall be required for a transfer:
In trust, of system assets by mortgage or by other hypothecation, to secure an indebtedness;
To a parent or subsidiary of a corporate grantee;
To a corporation whose stock is entirely held by the same stockholders as grantee;
Of less than twenty percent (20%) of the voting securities of a corporate grantee unless such transfer also results in a transfer of voting control; or
Of stock from one present stockholder to another present stockholder unless such transfer also results in a transfer of voting control.
Nothing herein shall be deemed to in any way impair or affect the right of the franchise entity to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a price reflective of its fair market value as an ongoing concern, and nothing herein shall be construed to constitute a waiver to bar to the exercise of any governmental right or power of the franchise entity.
[R.O. 2012 §630.080; CC 1987 §86.360]
A grantee shall pay, and by its acceptance of a franchise specifically agrees to pay, any and all damages or penalties, including but not limited to those arising out of copyright infringements, which the franchise entity may be legally required to pay as a result of grantee's installation, operation or maintenance of a franchise cable television system under this Article whether or not the acts or omissions complained of are authorized, allowed or prohibited by the franchise entity.
A grantee shall also pay all expenses incurred by the franchise entity in defending itself with regard to any and all damages and penalties mentioned in Subsection (A), above. These expenses shall include all out-of-pocket expenses, including reasonable attorneys' fees and the reasonable value of services rendered by an employee of the franchise entity, or expert witness or consultants hired by the franchise entity in connection with such defense.
The grantee shall maintain, throughout the term of the franchise, liability insurance insuring the franchise entity and the grantee with regard to all damages mentioned in Subsection (A), above, caused by grantee or its agents, in the forms and minimum amounts hereunder described, to wit:
Workers' Compensation insurance as provided by the laws of the State of Missouri.
Five hundred thousand dollars ($500,000.00) for bodily injury or death to any one (1) person, within the limit, however, of one million dollars ($1,000,000.00) for bodily injury or death resulting from any one (1) occurrence.
Three hundred thousand dollars ($300,000.00) for property damage resulting from any one (1) occurrence.
One million dollars ($1,000,000.00) for all other types of liability. The insurance polices obtained by a grantee in compliance with this Section shall be issued by a company or companies acceptable to the franchise entity, and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the agency during the term of the franchise. Said policies shall name the franchise entity as an additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the franchise entity thirty (30) days in advance of the effective date thereof.
[R.O. 2012 §630.090; CC 1987 §86.370]
The CATV system to be construed by grantee shall be installed, maintained and operated at all time in full compliance with the technical and channel capacity standards of the Federal Communications Commission. The results of annual performance tests conducted in accordance with Section 76.601 (c), FCC rules (or such other Section of the FCC rules as shall incorporate its substance) shall be retained for at least five (5) years and available for inspection by the franchise entity.
[R.O. 2012 §630.100; CC 1987 §86.380]
The facilities used by the grantee shall be capable of distributing color TV signals, and when the signals the grantee distributes are received in color by the grantee, they shall be distributed in color where technically feasible.
[R.O. 2012 §630.110; CC 1987 §86.390]
The grantee shall:
Produce a picture, whether in black and white or in color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production TV receivers in good repair, and said picture transmissions shall be maintained at a state of the art quality.
Transmit signals of adequate strength to produce good pictures and sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems.
Limit failures to a minimum by locating and correcting malfunctions promptly.
Demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered.
[R.O. 2012 §630.120; CC 1987 §86.400]
A grantee shall at all times:
Install and maintain its wires, cables, fixtures and other equipment in accordance with the current requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters and in such manner that they will not interfere with any installations of the franchise entity or of a public utility serving the franchise entity.
Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and public ways or places of the franchise entity, wherever situated or located.
Keep and maintain all structures, lines, equipment and connections in such safe condition so as not to endanger human life or health or private property.
The building inspections official of the franchise entity shall have the authority to inspect for and enforce compliance with the provisions of this Section.
[R.O. 2012 §630.130; CC 1987 §86.410]
Throughout the life of its franchise, a grantee shall:
Maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate and prompt service for all of its facilities.
Maintain a conveniently-located business office and service center to which subscribers may telephone without incurring added message units or toll charges. This office shall open during all usual business hours and be so operated that complaints and requests for repairs or adjustments may be received by telephone at any time when any television signals are being broadcast.
Dispatch personnel to investigate all service complaints and equipment malfunctions within twenty-four (24) hours and strive to resolve such complaints as promptly as possible. Planning interruption of service shall be only for good cause. Insofar as possible, planned service interruptions shall be preceded by notice, be of brief duration, and occur during minimum viewing hours.
Maintain a complete list of all complaints received and the measures taken to resolve them in form to be approved by the agency. This list shall be available to the agency upon request.
Permit the agency to inspect and test the system's technical equipment and facilities upon reasonable (twelve (12) to twenty-four (24) hours') notice.
Responsibility for the administration of any franchise granted hereunder and for the resolution of all complaints against a grantee regarding the quality of service, equipment malfunctions and similar matters is hereby delegated to the agency which is empowered, among other things, to adjust, settle or compromise any controversy arising from operations of the grantee, either on behalf of the franchise entity, the grantee or any subscriber, in accordance with the best interest of the public; provided that any person aggrieved by a decision of the agency may within fifteen (15) days of the decision appeal the matter in writing to the franchise authority for hearing and determination. The franchise authority shall hold a hearing on any such appeal upon fifteen (15) days' written notice to the appellant, shall receive such evidence at such hearing and shall decide such appeals by majority vote of those members who are present at the hearing. The franchise authority may accept, reject or modify the decision of the agency and may adjust, settle or compromise any controversy arising from the operations of the grantee under any franchise granted pursuant to this Article. No adjustment, settlement or compromise, whether instituted by the agency or by the franchise authority, shall be contrary to the provisions of this Article, or of the franchise agreement, and neither the agency nor the franchise authority, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of this Article or of the franchise. The grantee shall notify subscribers at the time of initial subscription of the system of the procedure for reporting and resolving complaints by delivery to each subscriber a notice in form approved by the agency.
[R.O. 2012 §630.140; CC 1987 §86.420]
Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a grantee shall be done under the supervision and direction of the agency under permits issued for work by the proper officials of the franchise entity, and shall be done in such manner as to protect any and all existing structures belonging to the franchise entity and so as to give the least inconvenience to the inhabitants of the franchise entity. A grantee shall, at its own cost and expense, and in a manner approved by the agency, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also make and keep full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways and easements of the franchise entity. These maps shall be available for inspection at any time during business hours by agency.
A grantee shall, at its expense, protect, support, temporarily disconnect, relocate or remove any of its property when required by the franchise entity by reason of traffic conditions, public safety, road construction, change of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal improvements.
A grantee shall, on the request of any person holding a building moving permit issued by the franchise entity, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes.
A grantee shall have authority to trim the trees upon and overhanging the public streets so as to prevent the branches of such trees from coming in contract with the wires and cables of the grantee, except that, at the option of the franchise authority, such trimming may be done by it or under its supervision and direction at the expense of the grantee.
In all sections of the franchise area where the cable, wires, or other similar facilities of public utilities are placed underground, the grantee shall place its cables, wires, or other like facilities underground to the maximum extent that existing technology reasonably permits the grantee to do so.
[R.O. 2012 §630.150; CC 1987 §86.430]
A grantee shall extend the installation of cables, amplifiers and related equipment throughout the area covered by its franchise as rapidly as practicable but, in any event, shall:
Begin engineering studies within thirty (30) days after accepting its franchise.
Begin awarding contracts within one hundred twenty (120) days after accepting its franchise.
Begin construction of its proposed system within six (6) months after accepting its franchise.
Begin rendering service to subscribers within one (1) year after accepting its franchise.
Within two (2) years after accepting its franchise, the entire system shall be substantially constructed (measured in terms of total linear strand miles) and the grantee capable of providing service no more than sixty (60) days after receiving an application for service to any subscriber within the franchise area except to the extent that density of homes, adverse terrain or other factors render making service availability impracticable. For the purpose of determining compliance with the provisions of this Subparagraph (5), and to provide for a reasonable policy requiring extension of energized trunk lines of the cable system within the franchise area so as to achieve compliance with the obligations imposed by this Section, grantee shall extend such lines to all areas of the franchise area having a minimum of fifty (50) dwelling units or potential subscribers per street mile.
File a map and progress report with the agency at the close of each calendar year, showing the exact areas of the franchise entity being serviced by the cable television system and the location and identification of major component parts of the system.
Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein shall be grounds for termination of its franchise pursuant to the terms of Subsection (C) hereof; provided however, that the franchise authority may in its discretion extend the time for the commencement and completion of construction and installation and service to subscribers for additional periods in the event the grantee, acting in good faith, experiences delays by reasons of circumstances beyond its control.
In the event the operation of any part of a franchised cable television system is discontinued for a continuous period of four (4) months, or in the event such system has been installed in any public street without complying with the requirements of the grantee's franchise, as in the event of expiration, termination or revocation of the franchise, the grantee shall promptly, upon being given ten (10) days' notice, remove at grantee's cost from the streets or public places all such property and poles of such system. Any property which the grantee allows to remain in place sixty (60) days after having been notified by the franchise entity that it must be removed shall be considered permanently abandoned and shall become the property of the franchise entity subject to the provisions of any utility joint use attachment agreement.
No poles or other wire-holding structures shall be erected by the grantee without prior approval of the franchise authority with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the grantee shall be a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the franchise authority determines that the public convenience would be enhanced thereby.
Where poles or other wire-holding structures already existing for use in serving the franchise entity are available for use by the grantee, but it does not make arrangements for such use, the franchise authority may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable.
Where the franchise entity or a public utility serving the franchise entity desires to make use of the poles or other wire-holding structures of the grantee but agreement therefor with the grantee cannot be reached, the franchise authority may require the grantee to permit such use for such consideration and upon such terms as the franchise authority shall determine to be just and reasonable, if the franchise authority determines that the use would enhance the public convenience and would not unduly interfere with the grantees operations.
Upon the failure of a grantee to satisfactorily complete any work upon the public streets as may be required by law or the terms of its franchise within the time prescribed, the franchise entity, at its option, may cause such work to be done and the grantee shall pay to the franchise entity the cost thereof within thirty (30) days after receipt of an itemized bill and report.
[R.O. 2012 §630.160; CC 1987 §86.440]
Concurrently with the acceptance of its franchise, a grantee shall file with the agency a bond with an acceptable surety in an amount equal to fifteen percent (15%) of the total construction costs of the system (with the bond reducing quarterly to reflect reductions in the remaining cost of construction) to indemnify the franchise entity against any losses it may suffer in the event the grantee fails to comply with one (1) or more of the provisions of its franchise. Said bond shall not be reduced below the amount of one million dollars ($1,000,000.00) and shall be obtained at the sole expense of the grantee and remain in effect for the full term of the franchise or any renewal thereof plus an additional six (6) months thereafter. The grantee and its surety shall be jointly and severally liable under the terms of the bond for any damages or loss suffered by the franchise entity as a result of grantee's non-performance, including the full amount of any compensation, indemnification, or cost of removal of any property of the grantee in the event of default, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond.
Neither the filing of an indemnity bond with the agency, nor the receipt of any damages recovered by the franchise authority thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under the terms of its franchise for damages, either to the full amount of the bond or otherwise.
The grantee shall, within one hundred twenty (120) days after accepting a franchise, deposit in a bank or savings and loan association within St. Louis City or St. Louis County an amount of money equal to the cost of construction of the system scheduled for completion during the first (1st) year following acceptance of the franchise and such deposit shall be subject to an escrow agreement obligating the escrow agent to release funds therefrom only for payments due on construction costs of the CATV system which is being built under the franchise or upon written consent of the franchise authority. Within thirty (30) days after the first (1st) anniversary date of the grantee's acceptance of the franchise, the grantee shall deposit an amount of money into the aforesaid escrow account which is sufficient to pay the cost of the construction of the system which is scheduled to be completed during the second (2nd) year following the grantee's acceptance of the franchise, subject to the same escrow terms and conditions as the first (1st) deposit. Proof of the establishment of both escrow deposits mentioned herein shall be filed by the grantee with the franchise authority as soon as practicable after making each of the escrow deposits. If construction funds are to be borrowed in whole or in part, a binding written loan commitment from the lender specifying the amount of the loan, that the commitment is valid for an adequate time to complete construction of the CATV system, and that the purpose of the loan is limited to the construction of the CATV system for the franchise, may be substituted for the portion of the escrow deposit equal to the amount of the loan commitment and filed with the franchise authority, provided the franchise authority, in its sole discretion, deems the lender to be financially capable of fulfilling the loan commitment.
[R.O. 2012 §630.170; CC 1987 §86.450]
The grantee agrees not to oppose intervention by the franchise entity in any suit or proceeding to which the grantee is a party.
[R.O. 2012 §630.180; CC 1987 §86.460]
The grantee shall pay the franchise entity as a permit and administration fee and as compensation for the rights and privileges enjoyed hereunder and under the grantee's franchise upon the acceptance of the grantee's franchise, and for each year thereafter until commencement of services to subscribers, the sum of one thousand five hundred dollars ($1,500.00) per annum.
From and after commencement of services to subscribers, the grantee shall pay to the franchise entity an annual sum equal to five percent (5%) of the gross revenues received by the grantee and derived from operation of the franchised cable television system with the franchise entity, or such maximum percentage of said gross revenues as may be allowed by the FCC rules without the necessity of application and approval of the FCC, whichever sum is the greater.
The grantee shall file with the Treasurer or financial officer of the franchise entity a quarterly statement showing the gross revenues derived from the operation of the franchised cable television system within the franchise entity during the three (3) month period ending respectively on the last day of March, June, September and December of each calendar year. Said statements shall be filed not later than forty-five (45) days after the close of the quarterly period to which they apply.
The payment required in Subsection (B) of this Section shall be paid at the time of filing each statement required by Subsection (C) of this Section and shall be submitted with said statements. Each such quarterly payment shall be in an amount equal to the portion of the annual payment which accrued during the quarter which is reported in the statement.
The franchise entity shall have the right to inspect the grantee's records showing the gross revenues from which its franchise payments are computed and shall also have the right of audit and recomputation of any and all amounts paid under the ordinance. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the franchise entity may have for further or additional sums payable under this Article or for the performance of any other obligation hereunder; however, an accounting rendered to the franchise entity and to which no exception is made within three (3) years after receipt by the franchise entity shall be deemed to be accurate and shall not thereafter be subject to question or made the basis of any claim by franchise entity against grantee.
In addition to the other payments required by this Section, the grantee shall from time to time and during the term of the franchise pay to the franchise entity upon demand and written statement, as reimbursement, amounts equal to the sums expended by the franchise entity in the development of this Article and franchise regulations, the investigation or review of the franchise applications and grant or renewal application and grant or periodic reviews of the grantee's rate structure or performance, the conduct of any public hearings relative to the grantee's franchise or renewal thereof, or the conduct of any regulatory matter pertaining to the grantee's franchise, including but not limited to expenditures for attorneys' fees, accountants' fees, and stenographic and printing fees.
In the event that any payment required from the grantee under this Section is not paid when due, there shall accrue to such debt, from and after the due date, interest at the maximum legal rate and penalties in the amount of one percent (1%) per month or any fraction of a month elapsed after the due date.
[R.O. 2012 §630.190; CC 1987 §86.470]
Any franchise issued hereunder shall set forth the initial rates which grantee may charge its subscribers upon commencing service. Thereafter, these rates shall be changed when appropriate in accordance with the provisions of this Section.
The rates and charges for television and radio signals distributed under a franchise shall be fair and reasonable and no higher than necessary to meet all costs of service (assuming efficient and economical management), including a fair return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties).
No rate established shall afford any undue preference or advantage among subscribers, but separate rates may be established for separate classes of subscribers.
The franchise authority shall have the power, authority and right to cause the grantee's rates and charges to conform to the provisions of Subsections (B) and (C) hereof, and for this purpose it may deny increases or order reductions in such rates and charges when it determines that in the absence of such action on its part, the grantee's rates and charges or proposed increased rates and charges will not conform to the said Subsections (B) and (C).
By its acceptance of a franchise, the grantee specifically grants and agrees that its rates and charges to its subscribers for television and radio signals shall be fair and reasonable and no higher than necessary to meet all its necessary costs of service (assuming efficient and economical management), including a fair return on the original costs, less depreciation, of its properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties).
By its acceptance of a franchise, the grantee further specifically grants and agrees that the franchise authority shall have the power, authority and right to cause the grantee's rates and charges to conform to the provisions of Subsections (B) and (C) hereof, and for this purpose the Board may deny increases or order reductions in such rates and charges when it determines that in the absence of such action on its part, the grantee's rates and charges or proposed increased rates and charges will not conform to the said Subsections (B) and (C).
However, no action shall be taken by the franchise authority with respect to the grantee's rates under this Section until the grantee has been given reasonable notice thereof and an opportunity to be heard by the franchise authority with regard thereto.
Should grantee desire to change any rate or rates, it shall notify each subscriber and the franchising authority, in writing, of the intended change at least sixty (60) days prior to the date the change is proposed to be effective. The franchising authority may, if it so elects, review any rate proposal at a public hearing of which all parties shall have at least thirty (30) days' notice. If the franchise authority elects to hold such public hearing, notice thereof to the grantee shall operate to stay the imposition of the proposed change of rates until a decision of the authority is rendered on the proposal or for a period not to exceed sixty (60) days after the closing of the public hearing, whichever occurs first. At the public hearing evidence shall be taken and received on all of the elements necessary to be considered in determining the reasonableness of the proposed rates, including the return experienced by the company on its investment. Thereafter, the franchise authority shall decide the matter by a majority vote and render a written decision approving, disapproving or modifying the proposed rate changes. The decision shall set forth complete findings of fact and conclusions regarding all of the basic elements considered in determining the rates, as set forth in Subsection (A) above. If the franchise authority does not order a hearing on a grantee's rate proposal, the change shall take effect on the date designated as the effective date of change in the grantee's original notice.
The grantee shall receive no deposit, advance payment, or the penalty from any subscriber or potential subscriber until the grantee's system is operable and service provided.
The grantee shall receive no consideration whatsoever for or in connection with its service to its subscribers other than in accordance with this Section.
If in the future, the State of Missouri regulates the rates of the grantee for the service provided for in a franchise, this Section shall be of no effect during such State regulation to the extent of any conflict therewith.
[R.O. 2012 §630.200; CC 1987 §86.480]
If during the term of a franchise, the grantee receives refunds of any payments made by grantee for television or radio signals, it shall without delay notify the franchise authority, suggest a plan for flow-through of the refunds to its subscribers, and retain such refunds pending order of the franchise authority. After considering the plan submitted by the grantee, the franchise authority shall order the flow-through of the refunds to the grantee's subscribers in a fair and equitable manner.
By its acceptance of a franchise, the grantee specifically grants and agrees that if, during the term thereof, it receives refunds of any payments made for television or radio signals, it shall without delay notify the franchise authority, suggest a plan for flow-through out of the refunds to its subscribers, retain the refunds pending order of the franchising authority, and flow-through such refunds in accordance with the order of the franchising authority.
[R.O. 2012 §630.210; CC 1987 §86.490]
If any subscriber of the grantee of less than three (3) years terminates service because of the grantee's failure to render service to such subscriber of a type and quality provided for herein, or if service to a subscriber of less than three (3) years is terminated without good cause or because the grantee ceases to operate the CATV business authorized herein for any reason, except expiration of the franchise, the grantee shall refund to such subscriber an amount equal to the initial tap-in and connection charges paid by him/her divided by thirty-six (36) and multiplied by a number equal to thirty-six (36) minus the number of months the subscriber has been on the system.
[R.O. 2012 §630.220; CC 1987 §86.500]
No grantee hereunder nor any major stockholder, partner, subsidiary, or affiliated business entity of any grantee shall engage in the business of selling, repairing or installing television receivers or accessories for such receivers within the franchise entity during the term of such grantee's franchise.
A franchise hereunder authorizes only the operation of a CATV system as provided for herein and does not take the place of any other franchise license or permit which might be required by law of the grantee.
[R.O. 2012 §630.230; CC 1987 §86.510]
Upon termination of service to any subscriber, a grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his/her request.
[R.O. 2012 §630.240; CC 1987 §86.520]
Channel Capacity. The grantee shall construct a cable system that shall have a minimum capacity of thirty (30) channels. If additional channels of broadcast carriage are permitted by the FCC, said grantee shall also be required to carry the additional broadcast carriage channels.
Program Alteration. All programs of broadcasting stations carried by the grantee shall be carried in their entirety as received, with announcements and advertisements and without additions.
A grantee shall, throughout the franchise entity and for the duration of the franchise, provide and maintain:
A program guide. At least one (1) channel which broadcasts and distributes continuous visual and audio program information for all of the channels in the system with continuous complete program updating including a twenty-four (24) hour period next following the time of the distribution and broadcast of the schedule.
Municipal and school services. At least one (1) service outlet to each municipal facility and public, private or parochial school within its franchise area at no cost to the franchise entity or school involved and shall charge only its time and material costs for any additional service outlets to such facilities.
A public access channel. At least one (1) specially designated, non-commercial public access channel available on a first-come, non-discriminatory basis.
A local government access channel. At least one (1) specially designated channel available for local government use.
An elementary and secondary education access channel. At least one (1) specifically designated channel for use by the local educational authorities at the elementary and secondary levels.
A university and college access channel. At least one (1) specially designated channel for use by the local (St. Louis or St. Louis County) universities and colleges.
A leased access channel. At least one (1) specially designated channel for leased access uses. In addition, other portions of its non-broadcast band-width, including unused portions of the above specially designated channels, shall be available for leased uses. On at least one (1) of the leased channels, priority shall be given to part-time users of leased access.
Until such time as there is demand for each channel, provided under Subsection (C) above, full-time for its designated use, public educational, government and leased access channel programming may be combined on one (1) or more cable channels. To the extent time is available therefore, access channels may also be leased for other broadcast and non-broadcast services except that at least one (1) channel shall be maintained exclusively for the presentation of access programming as required by Subsection (C) of this Section.
The grantee shall, in any case, maintain at least one (1) full channel for shared access programming. In meeting its access obligations, every grantee shall make reasonable efforts in programming the system's band-width to avoid the displacement of access service.
Whenever any of the channels described in Subsections (C) or (E) of this Section is in use during eight percent (80%) of the weekdays (Monday through Friday) for eighty percent (80%) of the time during any consecutive three (3) hour period for six (6) consecutive weeks, the grantee shall have six (6) months in which to make a new channel available for the same purpose.
The grantee shall make available all other channels, in addition to those which are part of the system's activated channel capability, for the purposes specified in Subsection (C) of this Section.
Emergency Access. The grantee shall design and construct the system to provide for an audio override of all audio channels during emergencies or disasters whereby a designee of the franchise entity may introduce an audio message on all of the systems channels simultaneously. An emergency power source shall also be provided by the grantee at the head-end of the system.
The franchise entity shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for a Police alarm system, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the grantee.
[R.O. 2012 §630.250; CC 1987 §86.530]
The grantee shall provide all subscribers service with all television or radio broadcast signals either required or permitted to be carried pursuant to the rules of the FCC, all local origination channels designated by the operator and at least one (1) of each of the cablecasting access channels for public, education, government and lease users.
[R.O. 2012 §630.260; CC 1987 §86.540]
If the grantee, as an additional service, offers pay television or pay cable to subscribers, the grantee shall also make available to all such subscribers, at no additional subscription or installation cost, a key lock device or signal scrambling device capable of rendering pay television or pay cable service inaccessible or accessible subject to the subscriber's discretion.
[R.O. 2012 §630.270; CC 1987 §86.550]
Any system constructed shall meet or exceed the FCC requirement for two-way cablecasting. The grantee shall agree to develop Class IV signal uses, as defined by the FCC, as soon as a demand by a reasonable number of subscribers exists for two-way cablecasting. However, provided that grantee shall not be required to provide such service unless projected revenues from such service shall equal or exceed the projected incremental costs of providing such service.
The franchise entity and the grantee shall maintain constant vigilance with regard to possible abuses of the right of privacy and other human rights of any subscriber, programmer or general citizen resulting from any device or signal associated with the cable system.
[R.O. 2012 §630.280; CC 1987 §86.560]
Whenever it is financially and technically feasible, the grantee shall so construct, operate and modify the system so as to have the capability to interconnect the system into all other cable systems adjacent to the franchise entity.
[R.O. 2012 §630.290; CC 1987 §86.570]
The franchise authority shall amend this Article, and any franchise issued hereunder, upon its own motion or the application of a grantee whenever amendment is necessary to enable a grantee to utilize new developments in television or radio signal transmission which would improve and update cable television service in the franchise area, or to comply with any modifications in the rules of the FCC or with any Statute which is binding upon the franchise entity. No amendment, except those compelled by State or Federal laws binding upon the franchise entity or the grantee, shall be adopted without full compliance with due process of law and the conduct of an open public hearing by the franchise authority. Nothing herein, however, shall be construed to prevent the modification of franchise terms as a condition precedent to the grant of a renewal of a franchise.
[R.O. 2012 §630.300; CC 1987 §86.580]
This Article itself grants no authority to operate a cable television system to any person. Such grants are only made by the adoption of a separate ordinance awarding a specific franchise to an applicant who has complied with the provisions of this Article.
Any person interested in obtaining a franchise to operate a cable television system in the franchise area shall submit a written application to the franchise authority together with non-refundable application fee of fifty dollars ($50.00) which shall contain the following information:
The name, address and form of business of the applicant. If the applicant is a corporation, it shall also state the names, addresses and occupations of its offices, directors and major stockholders, and the names and addresses of any parent or subsidiary companies. If applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other incorporated association, the name and address of each member, whether active or inactive, shall be set forth, and if one (1) or more partners are corporations, the names, addresses and occupations of such corporation's officers, directors and major stockholders shall also be stated.
A list of all other cable television systems, if any, in which the applicant (or any partner or major stockholder of applicant) has a direct or indirect interest, stating the location, approximate number of homes served, and the name and address of the local franchising body.
A thorough description of the proposed cable television system to be installed and operated; the manner in which the applicant proposes to construct, install, maintain and operate the same; a construction timetable covering start through completion of all facilities of the system; a marketing timetable covering the start of marketing through projected market saturation or peak subscriber sales; a timetable for capability to deliver subscriber service to each portion of the franchise entity and for the entire franchise entity; a description of the extent and manner in which existing or future poles of other facilities of public utility companies will be used in the proposed system; and a map or maps delineating and depicting the location of all facilities and physical features of the proposed system, its cables, and its service areas.
A schedule of proposed rates and charges to all classes of subscribes for both installation and monthly service, and a copy of the proposed service agreement between the applicant and its proposed subscribers.
A copy of any contract which may exist between the applicant and any public utility providing for the use of such utility's property, such as poles, lines or conduits.
A statement setting forth all agreements and understandings whether written, oral or implied between the applicant and any other person with respect to the proposed franchise or the proposed cable television operation. If a franchise should be granted to a person posing as a straw party for or representative of another undisclosed person, such franchise shall be deemed void ab initio and of no force and effect whatsoever.
An estimate of the cost of constructing the applicant's proposed system and a financial statement prepared in form satisfactory to the franchising authority showing applicant's financial ability to meet these proposed costs. If construction will take more than one (1) year the estimate shall be broken down to costs per each year.
A sworn statement acknowledging the applicant's familiarity with and eligibility under the provisions of this Article and the rules of the FCC and its intention to abide by the same.
A detailed description of the basic service package to be offered to subscribers for the standard subscriber rate and a description of all optional services to be offered in the franchise area.
Any such supplementary information as the franchise authority shall at any time demand in order to reasonably determine whether the requested franchise should be granted. The acceptance or use by the franchise authority of any of the written information submitted by the applicant pursuant to this Article shall not constitute any waiver or abrogation of the standards or requirements of this Article with regard to any breach of or non-compliance with this Article which may be reflected in the applicant's written submissions.
No application for a franchise shall be accepted by the franchise authority until it has published its intention to award such a franchise or franchises and solicited the filing of applications. Applications shall then be accepted from all interested parties for a period of sixty (60) days; but none shall be accepted thereafter.
The franchise authority shall then:
Specify a date, not less than thirty (30) days nor more than sixty (60) days following the expiration of the filing period, upon which all bona fide applicants (those paying the prescribed fee, filing complete applications, and responding to all proper inquiries) shall participate in a public hearing before the franchise authority; and
Specify a public place where interested parties may inspect all such bona fide applications.
After hearing the evidence, opinions and representations of all interested parties including members of the public, the franchise authority shall, after due deliberation and within a reasonable time, render a decision awarding a franchise to one (1) or more applicants (or rejecting all applicants, at the discretion of the franchise authority) based upon its findings as to the relative qualifications of the applicants to render satisfactory CATV service. The franchise authority's decision on all applications shall be final and conclusive. The franchise entity reserves the right to grant no franchise hereunder, in its sole discretion.
[R.O. 2012 §630.310; CC 1987 §86.590]
A franchise may be renewed by the franchise authority for a period of up to five (5) years upon the written request of the grantee without soliciting additional applications. Such a renewal request shall be filed at least six (6) but not more than eighteen (18) months prior to the expiration of the franchise and shall be accompanied by a non-refundable application fee of fifty dollars ($50.00). A renewal request may propose modifications in the terms of a grantee's franchise which shall be considered by the franchise authority, but in any case, the franchise authority may, upon its own motion, modify the terms of a grantee's franchise subject to the conditions set forth in Subsection (B) below.
Upon receipt of a request for a renewal of a franchise, the franchise authority shall schedule a public hearing on the matter giving at least thirty (30) days' notice of such hearing and any franchise modifications proposed by either the grantee or the franchise authority. After hearing all of the evidence, opinions and representations, the franchise authority shall then render a decision to renew or not to renew the grantee's franchise, and if the former course is taken whether or not its franchise should be modified in any way. A grantee shall file its acceptance of a renewal franchise within thirty (30) days after it is offered by the franchise authority and upon failure to do so shall be conclusively presumed to have consented to the expiration of its franchise.
Existing franchises issued prior to any amendment of this Article and renegotiated to comply with this Article, if necessary, shall be treated as franchise renewals insofar as procedural matters are concerned, but no amendment of this Article shall operate to reduce the duration of an existing franchise.
[R.O. 2012 §630.320; CC 1987 §86.600]
It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound within the franchise entity.
It shall be unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable television system within the franchise entity for the purpose of enable himself/herself or others to receive any television signal, radio signal, picture, program or sound without payment to the owner of said system.
[R.O. 2012 §630.330; CC 1987 §86.610]
It is not the franchise authority's intention to prohibit the erection or continued use of individual television antennas, and no one is or will be required to receive cable television service or connect with a cable television system.
[R.O. 2012 §630.340; CC 1987 §86.620]
A grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this Article 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, and the grantee shall not, as to rates, charges, service, services, facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to any prejudice or disadvantage.
[R.O. 2012 §630.350; CC 1987 §86.625]
Any delegable right, power or duty of the franchise authority, the franchise entity, the agency, or any official of the franchise entity may be transferred or delegated by ordinance to an appropriate officer, employee or department of the franchise entity or to any agency, or any official of the franchise entity may be transferred or delegated by ordinance to an appropriate officer, employee or department of the franchise entity or to any agency, including intergovernmental agencies, authorized by law to act pursuant to delegation from the franchise entity.
[R.O. 2012 §630.360; CC 1987 §86.640]
Every direction, notice or order to be served upon a grantee shall be sent to the local office of the grantee. Every notice to be served upon the franchise entity shall be delivered or sent by certified mail with return receipt to the official clerk of the entity or his/her deputy at: 7713 Utica, Hanley Hills, MO. The delivery of such notice shall be deemed to have been at the time of receipt.
[R.O. 2012 §630.370; CC 1987 §86.650]
The rights and remedies reserved to the parties by this Article are cumulative and shall not add or subtract from any other rights or remedies which they may have with respect to the subject matter of this Article, and a waiver thereof at any time shall not affect any other time.
[R.O. 2012 §630.380; CC 1987 §86.660]
The franchise entity hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this Article.
[R.O. 2012 §630.390; CC 1987 §86.670]
If any provision of this Article, or the particular application thereof, shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining provisions, and their application, shall not be affected thereby.