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]
A.
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.
B.
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.
C.
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.
D.
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.
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.
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.
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.
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.
The elected Governing Body of the 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.
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.
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.
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.
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]
A.
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:
1.
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;
2.
Becomes insolvent, unable or unwilling to pay its debts, or is adjudged
a bankrupt;
3.
Attempts to dispose of any of the facilities or property of its cable
TV business to the detriment of its franchise; or
4.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
Additional Limitations.
1.
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.
2.
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.
3.
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.
4.
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.
5.
No such consent shall be required for a transfer:
a.
In trust, of system assets by mortgage or by other hypothecation,
to secure an indebtedness;
b.
To a parent or subsidiary of a corporate grantee;
c.
To a corporation whose stock is entirely held by the same stockholders
as grantee;
d.
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
e.
Of stock from one present stockholder to another present stockholder
unless such transfer also results in a transfer of voting control.
E.
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.
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.
B.
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.
C.
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:
1.
Workers' Compensation insurance as provided by the laws of the State
of Missouri.
2.
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.
3.
Three hundred thousand dollars ($300,000.00) for property damage
resulting from any one (1) occurrence.
4.
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]
A.
The
grantee shall:
1.
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.
2.
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.
3.
Limit failures to a minimum by locating and correcting malfunctions
promptly.
4.
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.
A grantee
shall at all times:
1.
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.
2.
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.
3.
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.
4.
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]
A.
Throughout
the life of its franchise, a grantee shall:
1.
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.
2.
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.
3.
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.
4.
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.
5.
Permit the agency to inspect and test the system's technical equipment
and facilities upon reasonable (twelve (12) to twenty-four (24) hours')
notice.
6.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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:
1.
Begin engineering studies within thirty (30) days after accepting
its franchise.
2.
Begin awarding contracts within one hundred twenty (120) days after
accepting its franchise.
3.
Begin construction of its proposed system within six (6) months after
accepting its franchise.
4.
Begin rendering service to subscribers within one (1) year after
accepting its franchise.
5.
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.
6.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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.
B.
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).
C.
No
rate established shall afford any undue preference or advantage among
subscribers, but separate rates may be established for separate classes
of subscribers.
D.
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).
E.
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).
F.
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).
G.
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.
H.
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.
I.
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.
J.
The
grantee shall receive no consideration whatsoever for or in connection
with its service to its subscribers other than in accordance with
this Section.
K.
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]
A.
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.
B.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
A grantee
shall, throughout the franchise entity and for the duration of the
franchise, provide and maintain:
1.
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.
2.
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.
3.
A public access channel. At least one (1) specially
designated, non-commercial public access channel available on a first-come,
non-discriminatory basis.
4.
A local government access channel. At least one
(1) specially designated channel available for local government use.
5.
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.
6.
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.
7.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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]
A.
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.
B.
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]
A.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
C.
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.
D.
The
franchise authority shall then:
1.
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
2.
Specify a public place where interested parties may inspect all such
bona fide applications.
E.
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.
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.
B.
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.
C.
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]
A.
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.
B.
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.
